Criminal Law

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CRIMINAL LAW REVIEWER

SAINT LOUIS UNIVERSITY BAR OPERATIONS
BOOK II
TITLE ONE
1. a. b.
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

ART. 114: TREASON ELEMENTS: 1. 2. 3. that the offender is a Filipino citizen or an alien residing in the Philippines; that there is a war in which the Philippines is involved; that the offender either a. levies war against the govt, or b. adheres to the enemies, giving them aid and comfort
Levying war against the government Levying war requires the concurrence of: An actual assembling of men; The purpose of which is to execute a treasonable design by force. The levying of war must be with the intent to overthrow the government and not merely to resist a particular statute or to repel a particular officer. The levying of war must be in collaboration with a foreign enemy, otherwise the offender shall be held liable for Rebellion and not for Treason. Adhering to the enemies of the Phil., giving them aid or comfort. Adherence and giving aid or comfort to the enemy must concur. Adherence to the enemy presupposes an intent to betray. Aid or comfort means an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitors country and an act which weakens or tends to weaken the power of the traitors country to resist or to attack the enemy. The defendants act of giving information to the enemy constituted not only giving aid and comfort, but also adherence to the enemy. Extent of aid and comfort should be manifested by some overt or physical acts and not merely one which is mental. As a general rule, to be treasonous, the extent of the aid and comfort given to the enemies must be to render assistance to them as enemies and not merely as individuals and in addition, be directly in furtherance of the enemies hostile designs. The act committed need not actually strengthen the enemy. It is not the degree of success but rather the aim for which the act was perpetrated, that determines the commission of treason. The aid and comfort given to the enemies must be after the declaration of war. The enemies must be subject of a foreign power. There is no treason thru negligence because the overt act of giving aid or
2. -
TREASON DEFINED: a breach of allegiance to a government, committed by a person who owes allegiance to it. It is a violation by the subject of his allegiance to his sovereign or to the supreme authority of the State. E.O. 44 amended Art.114 in that prior to this order, only Filipino citizens are held liable for treason under EO 44, resident aliens may now be held liable for Treason. Allegiance is the obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive. Allegiance referred to in the crime of Treason may be permanent or temporary. Treason cannot be committed in time of peace; it is a war crime. Treasonable acts may actually be perpetrated during peace, but there are no traitors until war has started. Treason is punished by the State as a measure of self defense and self preservation. The law of Treason is an emergency measure. -
Two modes of committing Treason:

Prepared by the CRIMINAL LAW SECTION Chief ALEC ANTHONY PENA Assistant Chief CRYSTAL VEMIL LAMMAWIN Members 1 LOVILYN ANIBAN, MATHEW DATI, JOHN LABSKY MAXIMO, JOEL PASIWEN, NOELLE DIZON, YZANNE MERCED, ROSANNE RARANG and ENGELBERT SORIANO. All Rights Reserved by the SAINT LOUIS UNIVERSITY COLLEGE OF LAW BAR OPERATIONS 2003.
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comfort to intentional. the enemy must be

Treason by Filipino citizen may be committed outside the Phils., but treason by an alien must be committed within the Phils. Treason is a continuous crime. All overt acts committed by the accused constitute a single offense. Proof of one count is sufficient for conviction.
b.
come to an agreement to levy war against the government or to adhere to the enemies and to give them aid or comfort, and decide to commit it. Proposal to commit treason is committed when in time of war a person who has decided to levy war against the govt or to adhere to the enemies and to give them aid or comfort, proposes its execution to another person.
** 2nd paragraph: Treason cannot be proved by circumstantial evidence or by the extrajudicial confession of the accused ** ways of proving treason: testimony of 2 witnesses, at least (two- witness rule) required to prove the overt act of giving aid or comfort. It is not necessary to prove adherence. This rule is severely restrictive and conviction for treason is difficult. The provision requires that each of the witnesses must testify to the whole overt act; or if it is separable, there must be two witnesses to each part of the overt act. 2. confession of the accused in open court. 1.
** the two-witness rule does not apply to this crime because this is a separate and distinct offense from treason. ART. 116: MISPRISION OF TREASON 1. 2. 3. ELEMENTS: that the offender must be owing allegiance to the Govt and NOT a foreigner; that he has knowledgte or any conspiracy (to commit treason) against the Govt; and that he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or mayor or fiscal of the city in which he resides.
*** DEFENSES: 1. 2. defense of obedience to de facto government defense of duress or uncontrollable fear.
** This crime is an exception to the rule that mere silence does not make a person criminally liable. ART. 117: ESPIONAGE PENALTY: Prision correccional ESPIONAGE is the offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or to the advantage of any foreign nation. TWO WAYS ESPIONAGE: 1. OF COMMITTING
ART.115: CONSPIRACY AND PROPOSAL TO COMMIT TREASON: PENALTY: a. conspiracy to commit treason:
Prision Mayor and a fine not exceeding P 10,000 b. proposal to commit treason: Prision correccional and a fine not exceeding P 5,000 HOW CONSPIRACY AND PROPOSAL ARE COMMITTED: a. conspiracy to commit treason is committed when in time of war, two or more persons
by entering, without authority, a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photos, or other data of a confidential nature relative to the defense of the Philippines.
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** intent to obtain information by the offender is critical. a. b. c. ELEMENTS: that the offender enters any of the places mentioned therein that he has no authority therefore that has purpose is to obtain information, plans, photos etc. of a confidential nature relative to the defense of the Philippines 2. by disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in par. 1 (Art. 117) which he had in his possession by reason of the public office he holds. ELEMENTS:

treason may only be committed in time of war and is only limited in two ways of committing the crime
SECTION TWO: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR ART. 118: INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS PENALTY: 1. 2. Reclusion temporal if offender is a public officer or employee Prision mayor if offender is a private individual
a. that the offender is a public officer b. that he has in his possession the articles, data or information by reason of the public office he holds c. that he discloses their contents to a representative of a foreign nation.
ELEMENTS: 3. 4. that the offender performs unlawful or unauthorized acts that such acts provoke or give occasion for a war involving or liable to involve the Phils. Or expose Filipino citizens to reprisals on their persons or property
COMMONWEALTH ACT 616 AN ACT TO PUNISH ESPIONAGE AND OTHER OFFENSES AGAINST NATIONAL SECURITY ACTS PUNISHABLE UNDER CA 616: a. unlawfully obtaining or permitting to be obtained information affecting national defense unlawful disclosing of information affecting national defense disloyal acts or words in time of peace disloyal acts or words in time of war conspiracy to violate preceding sections harboring or concealing violators of the law AND TREASON
** the crime of inciting to war or giving motives for reprisals is committed IN TIME OF PEACE ART. 119: VIOLATION OF NEUTRALITY PENALTY: Prision correccional ELEMENTS:
b. c. d. e. f.
1. that there is a war in which the Phils. is NOT involved 2. that there is a regulation issued by competent authority for the purpose of enforcing neutrality 3. that the offender violates such regulation NEUTRALITY DEFINED: A nation or power which takes no part in a contest of arms going on between others is referred to as NEUTRAL. WITH
ESPIONAGE DISTINGUISHED: -
espionage as a crime is not conditioned by the citizenship of the offender and may be committed in time of war or in time of peace
ART. 120: CORRESPONDENCE HOSTILE COUNTRY
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1. 2. 3. ELEMENTS: that there is a war wherein the Phils. is involved the offender makes correspondence with the enemy country or territory occupied by enemy troops that the correspondence is either: a. b. c. prohibited by the government, or carried on in ciphers or conventional signs containing notice or information which might be useful to the enemy
** fleeing or going to enemy country must be prohibited by competent authority, otherwise no crime is committed.
SECTION THREE: PIRACY AND MUTINY ON THE HIGH SEAS ART. 122: PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHIL. WATERS
CORRRESPONDENCE DEFINED: It is the communication by means of letters; or it may refer to the letters which pass between those who have friendly or business relations. 1. 2.
PIRACY DEFINED: it is the robbery or forcible depredation in the high seas or in Phil. Water without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. TWO MODES OF PIRACY: by attacking or seizing a vessel on the high seas by seizing the whole or part of the cargo or equipment of the vessel, while on the high seas, OR the personal belongings of its complement or passengers, the offenders not being the members of the complement or passengers ELEMENTS:
** even if correspondence contains innocent matters, if the correspondence has been prohibited by the govt, it is punishable. QUALIFYING CIRCUMSTANCES: a. b. the following must concur: that the notice or information might be useful to the enemy that the offender intended to aid the enemy
** if the offender intended to aid the enemy by giving such information, the crime amounts to treason; hence, both have the same penalty ART. 121: FLIGHT TO ENEMYS COUNTRY ELEMENTS:
1. that a vessel is on high seas 2. that the offenders are strangers to the vessel; meaning, they are not members of the complement or passengers of the vessel 3. that the offenders: (a) attack that vessel, OR (b) seize the whole or part of the cargo of said vessel, its equipment, or the personal belongings of its complement or passengers ** if the offenders who seized the vessel by violence or intimidation, or force upon things are members of the crew or passengers, piracy is NOT committed but robbery in the high seas. MUTINY IN THE HIGH SEAS: it is the (a) unlawful resistance to a superior officer, OR (b) the raising of commotion and disturbances on board a ship against the authority of its commander, while the ship is on the high seas. Distinguished from piracy, offenders in piracy are strangers to the vessels and with intent to gain. HIGH SEAS- refer to any waters on the seacoasts, which are without the boundaries of the
1. that there is a war in which the Phils. is involved 2. that the offender must be owing allegiance to the govt 3. that the offender attempts to flee or go to enemy country 4. that going to the enemy country is prohibited by competent authority ** an alien resident may be guilty of flight to enemy country because the allegiance contemplated under this article may be temporary or permanent. ** mere attempt to flee or go to enemy country consummates the crime
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low-water mark, although such waters may be the jurisdictional limits of a foreign government. PD 532 punishes the act of AIDING or ABETTING PIRACY 3.

4.
REQUISITES:
1. KNOWINGLY: a. aids or protects pirates b. acquires or receives property taken by such pirates, or c. in any manner derives any benefit therefrom 2. directly or indirectly commission of piracy. ART. 123: QUALIFIED PIRACY 1. 2. 3. SPECIAL CIRCUMSTANCES: QUALIFYING abets the
Carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines, flammable, corrosive, explosive or poisonous substances; and Loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, flammable, corrosive, or poisonous substances, IF not done in accordance with the rules and regulations of the Air Transportation Office.
AIRCRAFT IS IN FLIGHT from the moment all exterior doors are closed following embarkation, until such time when any of such doors are again opened for embarkation.
seizure of the vessel by boarding or firing upon the same. abandonment of victims without means of saving themselves crime is accompanied by Murder, Homicide, Physical Injuries, or Rape
Title 2 CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

(ARTS. 124-133) ART. 124 ARBITRARY DETENTION Elements: 1. That the offender is a public officer or employee 2. That he detains a person 3. That the detention is without legal grounds. LEGAL GROUNDS FOR THE DETENTION OR PERSONS: 1. The commission of a crime 2. Violent insanity, or other ailment requiring compulsory confinement of the patient in a hospital. ART. 125 DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES ELEMENTS: 1. That the offender is a public officer or employee 2. That he has detained a person for some legal ground (n.b. warrantless arrest) 3. That he fails to deliver such person to the proper judicial authorities within the prescribed period. 12 hours light penalties or their equivalent. 18 hours correctional penalties or their equivalent 36 hours afflictive penalties or their equivalent
** Qualified Piracy is a special complex crime ** any of said crimes that accompany the commission of piracy becomes an element of qualified piracy. IS THERE QUALIFIED MUTINY? there is qualified mutiny because of Art. 123 which embraces any of the crimes referred to in Art. 122, which are piracy and mutiny. However, the qualifying circumstances for mutiny are limited to pars (2) and (3) of Art. 123.
RA 6235 ANTI-AIRCRAFT PIRACY OR HIJACKING LAW OF 1971 ACTS PUNISHED: usurping or seizing control of aircraft of Philippine registry, while it is in flight, compelling the pilots thereof to change the course or destination. usurping or seizing control of an aircraft of foreign registry, while within Philippine territory, compelling the pilots thereof to land in any part of Philippines territory.
1.
2.
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Shall fail authorities to deliver to proper

ELEMENTS:
- does NOT mean physical delivery, but the making of an accusation or charge, or filing of an information against the person arrested, with the corresponding court or judge. REQUEST FOR PRELIMINARY INVESTIGATION: The person so arrested without a warrant may request for a preliminary investigation, but he must sign a waiver of Art. 126. to avail of this, the penalty must be higher than 4 years and 2 months
1. that the offender is a public officer or employee 2. that he: a. expels any person from the Philippines, (illegal deportation) OR b. compels a person to change his residence 3. that the offender is not authorized by law to do so AUTHORIXED BY LAW:
1. TO DEPORT: Only President of the Philippines is authorized to deport aliens under the RAC, Sec. 69 with (1) investigation by the Deportation Board and (2) recommendation of such Board to the President CHANGE OF
WARRANT OF ARREST: Art. 125 is NOT applicable when the arrest is by virtue of a warrant of arrest, in which case he can be detained indefinitely. an inquest proceeding is done to determine the validity of the arrest
ILLEGAL DETENTION:
2. TO COMPEL RESIDENCE:
1. If the offender is a private individual,

2. then the crime is Illegal detention in illegal detention, the detention is legal from the beginning, but becomes illegal after a certain period of time because the offended party is not delivered to the proper judicial authority within the period specified.
-Only the Court by a final judgment can order a person to change his residence ART. 128: VIOLATION OF DOMICILE PUNISHABLE ACTS:
ART. 126: DELAYING RELEASE 1. 2. ELEMENTS: that the offender is a public officer or employee that (a) there is a judicial or executive order for the release of a prisoner or detention prisoner, OR (b) that there is a proceeding upon a petition for the liberation of such person that the offender without good reason (a) delays the service of the notice of such order to the prisoner, OR (b) the performance of such judicial or executive order for the release of the prisoner, or the proceedings upon a petition for the release of such person
3.
1. ENTERING any dwelling against the will of the owner. The essence of the offense is the breaching of the express or implied opposition of prohibition of the owner. A mere entry without consent will not constitute this crime. 2. SEARCHING papers or other effects found therein without the previous consent of such owner. 3. REFUSING to leave the premises: (a) after having surreptitiously entered said dwelling AND, (b) after having required to leave the same. THE ESSENCE of the offense is the refusal to leave, and not the entrance without consent. COMMON ELEMENTS:
1. that the offender is a public officer or employee 2. and that he is not authorized by judicial order to enter the dwelling, and/or to make a search for papers and for other effects. SPECIAL AGGRAVATING CIRCUMSTANCES:
ART. 127: EXPULSION
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1. committed at nighttime 2. if any papers or effects not constituting evidence of a crime are not returned immediately, after a search is made by the offender. ART. 129: SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED PUNISHABLE ACTS:

b.
c.
1. BY PROCURING a search warrant without just cause; or 2. though having procured the same with jus cause: a. b. BY EXCEEDING his authority OR, BY USING INNECESSARY SEVERITY in executing this search warrant legally procured
same, without legal ground; there is no legal ground to prohibit the meeting, when the danger is not imminent and the evil to be prevented is not a serious one. hindering any person from joining any lawful association or from attending any of its meetings; prohibiting or hindering any person from addressing , either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances
** the offender must be a stranger, and not a participant thereto otherwise the crime committed would be unjust vexation. ** the interruption of a peaceful meeting of a municipal council by a public officer is a crime against a legislative body and not punished under this Article. ART. 132: INTERRUPTION OF RELIGIOUS WORSHIP ELEMENTS:
SEARCH WARRANT DEFINED: it is an order in writing, issued in the name of the people of the Philippines, signed by a judge and directed to a peace officer commanding him to search for personal property described therein and bring it before the court. DOMICILE
ART. 130: SEARCHING WITHOUT WITNESSES ELEMENTS:
1. that the offender is a public officer or employee 2. that he searches the domicile, papers, or other belongings of any person 3. that the owner, or any member of his family, or two witnesses residing in the same locality are not present. ART. 131: PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS ELEMENTS:
1. that the offender is a public officer or employee 2. that religious ceremonies or manifestations of any religion are about to take place or are going on, and 3. that the offender prevents or disturbs the same ** this crime is qualified by violence or threats
ART. 133: FEELINGS 1.
OFFENDING
RELIGIOUS
ELEMENTS: that the acts complained of were performed (a) in a place devoted to religious worship (not necessarily during a religious worship), OR (b) during the celebration of any religious ceremony (not necessarily in he place of worship); that the acts must be notoriously offensive to the feelings of the faithful.
1. that the offender is a public officer or employee 2. that he does any of the following prohibited acts:
2.
a.
Prohibiting or interrupting the holding of a peaceful meeting, or dissolving the
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TITLE III

CRIMES AGAINST PUBLIC ORDER

Chapter I Rebellion, Coup detat, Sedition, and Disloyalty Rebellion or Insurrection Rebellion the object of the movement is to overthrow and supercede the existing government. Insurrection it refers to a movement which seeks merely to effect some change of minor importance, or to prevent the exercise of governmental authority with respect to particular matters or subjects. Elements: 1. That there be: a. public uprising; and b. taking arms against the government 2. That the purpose of the uprising or movement is either a. to remove from the allegiance to said Government or its laws 1) the territory of the Philippines or any part thereof; or 2) any body of land, naval or other armed forces; or b. to deprive the Chief Executive or congress, wholly or partially, of any of their powers and prerogatives. Actual clash of arms with the forces of the Government is not necessary; it is sufficient that the purpose of the uprising must be shown although it was not accomplished. Rebellion v. Treason Rebellion always involves taking up arms against the government, giving aid and comfort is not criminal in rebellion; Treason may be committed by mere adherence to the enemy giving them aid or comfort. Rebellion v. Subversion Subversion is a crime against national security; Rebellion is a crime against public order. Levying war against the government during peacetime for any of the purposes mentioned in Art. 134 (Coup detat) is Rebellion.
How committed: It is a swift attack Accompanied by: violence, intimidation, threat, strategy or stealth Directed against: - duly constituted authorities of the Republic of the Philippines, or - any military camp or installation, - communication networks, - public utilities or - other facilities needed for the exercise and continued possession of power. Singly or simultaneously carried out anywhere in the Philippines By any person or persons: - belonging to the military or police, or - holding any public office or employment With or without civilian support or participation, For the purpose of: seizing or diminishing state power. Rebellion, Insurrection or
Penalty for Coup detat Who are Liable:
A. The leaders: 1. Any person who (a) promotes, (b) maintains, or (c) heads a rebellion or insurrection. 2. Any person who (a) leads, (b) directs, or (c) commands others to undertake coup detat; B. The participants: 1. Any person who (a) participates or (b) executes the commands of others in rebellion, insurrection or coup detat; 2. Any person not in the government service who (a) participates, (b) supports, (c) finances, (d) abets or (e) aids in undertaking a coup detat. Public officer must take active part, to be liable; mere silence or omission is not punishable in rebellion. When rebellion, insurrection or coup detat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts and other documents issue in their name, or performed similar acts, on behalf of the rebels, shall be deemed a leader of such rebellion, insurrection or coup detat.
COUP DETAT
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Rebellion cannot be complexed with other common crimes on the occasion thereof, either as a means to its commission or as an intended effect of an activity that constitutes rebellion.

CONSPIRACY AND PROPOSAL TO COMMIT COUP DETAT, REBELLION OR INSURRECTION.
1. There is Conspiracy when:

2. two or more persons come to an agreement to commit coup detat or rebellion as the case may be, and ecide to commit it. There is Proposal when: 1. There is a person was decided to commit the crime of coup detat or rebellion as the case may be, and 2. proposes its execution to some other person. This is an instance where the law punishes preparatory acts.
DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES Acts of disloyalty which are punished: 1. Failing to resist a rebellion by all the means in their power; or 2. Continuing to discharge the duties of their offices under the control of the rebels; or 3. Accepting appointment to office under them. This act presupposes the presence of rebellion by other persons. The offender must not be in conspiracy with the rebels. Otherwise, his crime is the same as that of his co-conspirators. REBELLION OR
SEDITION Elements: 1. That the offenders rise (a) publicly and (b) tumultuously; 2. That they employ force, intimidation or other means outside of the legal methods; 3. That the offenders employ any of those means to attain any of the following objects: a. To prevent the promulgation or execution of any law or the holding of any popular election; b. To prevent the National Government, or any provincial or municipal government, or any public officer therefrom from freely exercising its or his functions, or prevent the execution of any administrative order; c. To inflict any act of hate or revenge upon the person or property of any public officer or employee; d. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and e. To despoil, for any political or social end, any person, municipality or province, or the National Government of all its property or any part thereof. Public Uprising and an object of sedition must concur. Common crimes are not absorbed in sedition. Treason v. Sedition Treason is the violation by a subject of his allegiance to his sovereign, Sedition is the raising of commotion or disturbances in the state.
INCITING TO INSURRECTION
Persons Liable: 1. The leader of the sedition 2. Other persons participating sedition CONSPIRACY TO COMMIT SEDITION
in
the
Elements: 1. That the offender does not take arms or is not in open hostility against the government; 2. That he incites others to the execution of any of the acts of rebellion; 3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. Rebellion should not be committed.
Only conspiracy to commit sedition is punishable, and not proposal to commit sedition.
INCITING TO SEDITION Punishable Acts: 1. Inciting others to the accomplishment of any of the acts of sedition, by means of speeches, proclamations, writings, emblems, etc. The essence is the inciting of the people to rise publicly and tumultuously. It is the use of
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words, emblemsetc. and not the performance of the act of sedition, which is punished in inciting to sedition. 2. Uttering seditious words or speeches which tend to disturb the public peace. 3. Writing, publishing, or circulating scurrilous libels against the government or any of the duly constituted authorities, which tend to disturb the public peace. Actual disturbance or disorder is NOT necessary to inciting to sedition. Inciting to sedition to accomplish any of its objects; Elements: 1. That the offender does NOT take direct part in the crime of sedition. 2. That he incites others to the accomplishment of any of the act which constitute sedition. 3. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end.

Government and obedient to the laws. CHAPTER II CRIMES AGAINST POPULAR REPRESENTATION ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES Elements: 1. That there be a. a projected meeting or actual meeting, b. of the National Assembly or any of its committees or subcommittees, constitutional commissions or committees or divisions, or of any provincial board or city or municipal council or board. 2. That the offender who may be any person PREVENTS such meeting by force or fraud. DISTURBANCE OF PROCEEDINGS Elements: 1. That there be a meeting of the Congress or any of its committees or subcommittees, Constitutional Commissions or committees, or any provincial board or city or municipal council or board. 2. That the offender does any of the following acts: a. He disturbs any of such meetings b. He behaves while in the presence of any such bodies, in such a manner as to interrupt its proceedings or to impair the respect due it. One who disturbs the proceedings of the Congress, may also be punished for contempt by the Congress. OF PARLIAMENTARY
Uttering seditious words or speeches and writing and publishing or circulating scurrilous libels are punishable when: 1. They tend to disturb or obstruct any lawful officer in executing the functions of his office. 2. They tend to instigate others to cabal and meet together for unlawful purposes. 3. They suggest or incite rebellious conspiracies or riots. 4. They lead or tend to stir up the people against the lawful authorities; or disturb the peace of the community, the safety and order of the Government. There are 2 rules relative to seditious words: 1. The Clear and Present Danger Rule The words must be of such nature that by uttering them there is a danger of a public uprising and that such danger should be both clear and imminent. 2. The Rule Dangerous Tendency
VIOLATION IMMUNITY
- There is inciting to sedition when the words uttered or published could easily produce disaffection among the people and a state of feeling in them incompatible with a disposition to remain loyal to the
Punishable Acts: 1. Using force, intimidation, threats, or fraud to prevent any member of Congress from; a. Attending any meetings of the Congress or any of its committees or subcommittees, Constitutional Commissions or committees or divisions; or
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b. Expressing his opinions; or c. Casting his vote 2. Arresting or searching any member while the Congress is in regular session or special session, except in case such member has committed a crime punishable under the Code by a penalty of Prision Mayor or higher.

DIRECT ASSAULTS Kinds: 1. Simple Assault 2. Qualified Assault
Chapter III ILLEGAL ASSEMBLIES Forms of illegal Assembly: 1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code. 2. Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or assault upon a person in authority or his agents. Persons Liable in Illegal Assembly: 1. The organizers or leaders of the meeting 2. Persons merely present at the meeting Persons merely present at the meeting must have a common intent to commit the felony of illegal assembly. It is necessary that the audience is actually incited. If in the meeting the audience is incited the commission of rebellion or sedition, the crimes committed are ILLEGAL ASSEMBLY as regards to the organizers or leaders or persons merely present; INCITING TO REBELLION or SEDITION insofar as the one inciting them in concerned. If any person carries an unlicensed firearm, it is presumed that the purpose of the meeting insofar as he is concerned is to commit acts punishable under the RPC and he is considered a leader or organizer of the meeting.
2 Ways to Commit: 1. Without public uprising, by employing force or intimidation for the attainment of any purposes enumerated in defining the crimes of sedition and rebellion. Offended party need not be a person in authority or his agent, they may be a private individual. 2. Without public uprising, by attacking, by employing force or seriously intimidating or by seriously resisting any person in authority of any of his agents, while engaged in the performance of official duties, or on the occasion of such performance. Direct Assault is Qualified when: 1. Committed with a weapon 2. offender is a public officer or employee 3. Offender lays hands upon a person in authority Additional penalty for attacking an ambassador or minister (RA 75) Knowledge of the accused that the victim is a person in authority or his agent is essential; must have the intent to defy the authorities.
INDIRECT ASSAULT Elements: 1. That a person in authority or his agent is the victim of any of the forms of direct assault defined in Art. 148. 2. That a person comes to the aid of such authority or his agent. 3. That the offender makes use of force or intimidation upon such person coming to the aid of the authority of his agent. Can be committed only when a direct assault is also committed Offended party may be a private person; any person who comes to the aid of a person in authority of his agent.
ILLEGAL ASSOCIATIONS Prohibited Associations: 1. Association totally or partially organized for the purpose of committing any of the crimes punishable under the Code. 2. Association totally or partially organized for some purpose contrary to public morals. Persons Liable: 1. Founders, directors and president of the association. 2. Members of the association
DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY, ITS COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSION, ITS COMMITTEES, SUBCOMMITTEES OR DIVISIONS
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Punishable acts: 1. Refusing, without legal excuse, to obey summons of the National Assembly, its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees and divisions, or by any commission or committee chairman or member authorized to summon witnesses. 2. Refusing to be sworn or placed under affirmation while before such legislative or constitutional body or official. 3. Refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions. 4. Restraining another from attending as a witness in such legislative or constitutional body. 5. Inducing disobedience to summons or refusal to be sworn by any such body or official. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OF THE AGENTS OF SUCH PERSON Elements of Resistance and Serious Disobedience: 1. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender. 2. That the offender resists or seriously disobeys such person in authority or his agent. 3. That the act of the offender is not included in the provisions of 148 150 ( Direct assault, Indirect assault, and Disobedience to summons, respectively) Elements of Simple Disobedience: 1. That an agent of person in authority is engaged in the performance of official duty or gives a lawful order to the offender. 2. That the offender disobeys such agent of a person in authority. 3. That such disobedience is not of a serious nature. The crime consists of the failure to comply with the direct orders issued by the authorities in the exercise of official duties. Distinction:

Resistance 1. Only in actual performance of duties. 2. Use of force is not so serious, as there is no manifest intention to defy the law and officers enforcing it.
Direct Assault 1. The person in authority or his agent must be engaged in the performance of official duties of that he is assaulted by reason thereof. 2. That there is force employed.
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Persons in authority and Agents of persons in authority Person in authority - any person directly vested with jurisdiction, whether as an individual or as a member of some court or government owned or controlled corporation, board or commission. Agent of person in authority - any person who by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as barangay councilman, barangay policeman, barangay leader officers and members of the Barangay Community Brigades, and any person who comes to the aid of persons in authority. A barangay captain and barangay chair are also deemed as persons in authority. Persons in authority include: 1. Municipal mayor 2. Division superintendent of schools 3. Public and private school teachers 4. Teacher; nurse 5. President of Sanitary division 6. Provincial fiscal 7. Justice of peace 8. Municipal councilor 9. Barrio captain and barangay chair. Professors are persons in authority for Art. 148 and 151, but NOT in Art. 149 (Direct assault)

5. Burying with pomp the body of a person who has been legally executed. Serious disturbance must be planned or intended. OUTCRYto shout subversive or provocative words tending to stir up the people to obtain by means of force or violence any of the objects of rebellion or sedition. If TUMULTUOUS, crime is qualified. MEANS OF UNLAWFUL
UNLAWFUL USE OF PUBLICATION AND UTTERANCES
Punishable acts: 1. Publishing or causing to be published, by means of printing, lithography or any other means of publication, as news, any false news which may endanger the public order, or to cause damage to the interest or credit of the State. 2. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches. 3. Maliciously publishing or causing to be published any official resolution or document without authority, or before they have been published officially. 4. Printing, publishing or disturbing (or causing the same) books, pamphlets, periodicals, or leaflets which do not bear the real printers name, or which are classified as anonymous. Actual public disorder or actual damage to the credit of the State is not necessary. Offender must know that the news is false
ALARMS AND SCANDALS Punishable Acts; 1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place calculated to cause alarm or danger (should not be aimed at a person otherwise, shall be liable of Art. 254) 2. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility. 3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements. 4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided 153 is not applicable.
TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER Punishable acts: 1. Causing any serious disturbance in public place, office or establishment. 2. Interrupting or disturbing public performances, functions or gatherings, or peaceful meetings, if the act is not included in 131-132 3. Making an outcry tending to incite rebellion or sedition in any meeting, association, or public place. 4. Displaying placards or emblems which provoke a disturbance of public order in such place.
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The act must produce alarm or danger as a consequence. CHARIVARI includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tin, horns, etc. designed to annoy or insult. If the disturbance is of a serious nature, the case will fall under Art. 153.

3. That the offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny. 4. That the offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity. If the offender fails to give himself up, he gets an increased penalty. If the offender gives himself up, he is entitled to a deduction of his sentence.
DELIVERING PRISONERS FROM JAIL Elements: 1. That there is a person confined in a jail or penal establishment (detention included) 2. That the offender removes such person, or helps the escape of such person. The offender is usually an outsider. Public officer in custody: Infidelity in the custody of a prisoner. Violence, intimidation or bribery is not necessary.
OTHER CASES OF EVASION OF SENTENCE (CONDITIONAL PARDON) Elements: 1. That the offender was a convict 2. That he was granted a conditional pardon by the Chief Executive 3. That he violated any of the conditions of such pardon Violation of Conditional Pardon is a distinct crime; Conditional Pardon is a contract between the convict and the Chief Executive. Conditions extend to special laws Offender must be found guilty of subsequent offense before he can be prosecuted under Art. 159 Offender can be arrested and reincarcerated without trial in accordance with Sec. 64 (1) of the RAC Duration of the conditions subsequent is limited to the remaining period of the sentence.
EVASION OF SERVICE OF SENTENCE Elements: 1. That the offender is a convict by final judgment. 2. That he is serving his sentence, which consists in deprivation of liberty. 3. That he evades the service of his sentence by escaping during the term of his sentence. (by reason of final judgment) Circumstances qualifying the offense: 1. By means of unlawful entry 2. By breaking doors, windows, gates, walls, roofs or floors. 3. By using picklocks, false keys, disguise, deceit, violence, or intimidation 4. Through connivance with other convicts or employees of the penal institution. EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATION, EARTHQUAKES OR OTHER CALAMITIES. Elements: 1. That the offender is a convict by final judgment, and is confined in a penal institution 2. That there is disorder resulting from: a. Conflagration b. Earthquake c. Explosion d. Similar catastrophe e. Mutiny in which he has not participated
COMMISSION OF ANOTHER CRIME DURING THE SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE (QUASI-RECIDIVISM) QUASI-RECIDIVISM, defined. A special aggravating circumstance where a person after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same. Elements: 1. That the offender was already convicted by final judgment 2. That he committed a new felony before beginning to serve such sentence or while serving the same. The first crime which the offender is serving sentence need not be a felony; new offense need not be of different character
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from that of the former offense. (the second crime must be a felony) Does not require that the two offense are embraced in the same title of the Code. As distinguished from REITERACION which requires that the offender against whom it is considered shall have served out his sentences for the prior offenses. Cannot be offset by ordinary mitigating circumstances.

Coin is FALSE or COUNTERFEITED, if it is forged or if it is not authorized by the Government as legal tender, regardless of its intrinsic value. To UTTER is to pass counterfeit coins, includes delivery or the act of giving them away. Former coins withdrawn from circulation may be counterfeited. Coins of foreign country not included.
Who can be PARDONED: 1. At the age of 70 if he shall have already served out his original sentence ( NOT A HABITUAL CRIMINAL); or 2. When he shall complete it after reaching the said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency MUTILATION OF COINS, IMPORTATION AND UTTERANCE OF MUTILATED COINS Punishable Acts: 1. Mutilating coins of the legal currency, with the further requirement that there be intent to damage or to defraud another. 2. Importing or uttering such mutilated coins, with the further requirement that there must be connivance with the mutilator or importer in case of uttering. Mutilation of foreign currency not included. MUTILATION to take off part of the metal either by filling it or substituting it for another metal of inferior quality. Coins must be in legal tender
TITLE IV CRIMES AGAINST PUBLIC INTEREST COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT, THE SIGNATURE, OR THE STAMP OF THE CHIEF EXECUTIVE Punishable Acts: 1. Forging the Great Seal of the Government of the Philippines 2. Forging the signature of the President 3. Forging the stamp of the President USING FORGED SIGNATURE COUNTERFEIT SEAL OR STAMP OR
SELLING OF FALSE OR MUTILATED COIN WITHOUT CONNIVANCE Punishable Acts: 1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated. Elements: a. Possession b. With intent to utter c. Knowledge 2. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated Elements: a. Actually uttering b. Knowledge Does not require legal tender Accused must have knowledge of the fact that the coin is false
Elements: 1. That the Great Seal of the Republic was counterfeited or the signature or stamp of the Chief Executive was forged by another person. 2. That the offender knew of the counterfeiting or forgery. 3. That he used the counterfeit seal or forged signature or stamp. The offender should not be the forger
MAKING AND IMPORTING AND UTTERING FALSE COINS Elements: 1. That there be false or counterfeited coins 2. That the offender either made, imported or uttered such coins 3. That in case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers
FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO THE BEARER; IMPORTING AND UTTERING SUCH FALSE OR FORGED NOTES AND DOCUMENTS Punishable Acts:
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1. Forging or falsification of treasury or bank notes or other documents payable to bearer 2. Importation of such false or forged obligations or notes 3. Uttering of such false or forged obligations or notes in connivance with the forgers or importers. Notes and other Obligations and Securities that may be forged or falsified under 166: 1. Treasury or bank notes 2. Certificates 3. Other obligations and securities, payable to bearer. COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER Elements: 1. That there be an instrument payable to order or other such document of credit not payable to bearer 2. That the offender either forged, imported or uttered such instrument 3. That in case of uttering, he connived with the forger or importer. ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT Elements: 1. That any treasury or bank note or certificate or other obligation and security payable to bearer or any instrument payable to the order or other document of credit not payable to bearer is forged or falsified by another person. 2. That the offender knows that any of those instruments is forged or falsified. 3. That he performs any of these acts: a. Using any of such forged or falsified instruments b. Possession with intent to use of any of such forged or falsified instruments. How Forgery is committed: 1. By giving a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document. 2. By erasing, substituting, counterfeiting or altering by means the figures, letters, words, or sign contained therein. 3. Forgery includes falsification and counterfeiting The accused must exert effort to make it appear like a genuine document.

The crime of falsification must involve a writing which is a document in the legal sense. DOCUMENT is any written statement by which a right is established or an obligation extinguished. Classification of Documents: 1. Public documents a. document created, executed or issued by a public official in response to exigencies of the public service, or in execution of which a public official intervened; b. instrument authorized by a notary public or a competent public official with the solemnities required by law. 2. Official document issued by a public official in the exercise of the functions of his office; also a public document. 3. Commercial document defined and regulated by the Code of Commerce or other Commercial Law. 4. Private document a deed or instrument executed by a private person without the intervention of a notary public or other person legally authorized, by which document, some disposition or agreement is proved, evidenced or set forth. Importance of Classification: 1. In private documents, criminal liability will not arise unless there is damage caused to third person. Mere falsity will not bring about criminal liability. 2. In public or commercial documents, criminal liability can arise although no third person
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suffered damage. FALSIFICATION DOCUMENTS OF LEGISLATIVE
Elements: 1. That there 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 alters the same 3. That he has no proper authority 4. That the alteration has changed the meaning of the document. FORGERY as used in Art. 169 refers to the alteration, substitution or counterfeiting of words, letters, signatures of treasury notes or bank notes or any instrument payable to bearer or to order. Making it appear like a genuine instrument. FALSIFICATION is the commission of any of the acts mentioned in Art. 171 on legislative, public or official, commercial, or private documents. The bill, resolution, ordinance must be GENUINE.
copy of an original document when no such original copy exists, or including in such copy to, or different from that of the genuine original. h. Intercalating any instrument or note relative to the issuance in a protocol, registry or official book. Genuine document in pars. f,g,h is necessary. Falsification may be committed by simulating or fabricating a document. In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons.
IMITATING Feigning to represent by a false appearance; to give a mental existence. PERSONS LIABLE: 1. Any public officer, employee or notary public 2. Ecclesiastical minister ART.172-FALSIFICATIONS BY PRIVATE INDIVIDUALS & USE OF FALSIFIED DOCUMETS PUNISHABLE ACTS: 1. Falsification of public , official, commercial document by a private individual Possessor of a falsified document is presumed to be the author of the falsification. Damage or intent to cause the damage is not necessary in Art.172 par.1 2. Falsification of private document by any person The offender must have counterfeited the false document and he must have performed an independent act which operates to the prejudice of a third person. Use of a falsified document 1. In a Judicial proceeding - as evidence, with knowledge of falsity 2. In any other transaction - with knowledge of falsity, caused or with intent to cause damage to another. FALSIFICATION as a means to commit ESTAFA
FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE; OR NOTARY OR ECCLESIASTICAL MINISTER Elements: 1. That the offender is public officer, employee or notary public 2. That he takes advantage of his official position: (requisites) a. He has a duty to make or prepare or otherwise intervene in the preparation of the document b. He has official custody of the document which he falsifies. 3. That he falsifies a document by committing any of the following acts: a. Counterfeiting or imitating any handwriting, signature or rubric b. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. c. Attributing to persons who have participated in an actor proceeding statements other than those in fact made them. d. Making untruthful statements in a narration of facts. e. Altering true dates. f. Making any alteration or intercalation in a genuine document which changes its meaning. g. Issuing in an authenticated form a document purporting to be a
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When committed on a document through any of the acts of falsification enumerated in Art. 171 as a necessary means to commit another crime, the two crimes form a COMPLEX CRIME But the document falsified as a necessary means to commit another crime must be PUBLIC, OFFICIAL or COMMERCIAL. If one makes use of a private document, which requires another independent act independent of the falsification, which he falsified, to defraud another, there results only one crime FALSIFICATION OF A PRIVATE DOCUMENT If a private document is falsified to conceal the misappropriation of the money or other personal property which has been in the possession of the offender the crime is ESTAFA WITH ABUSE OF CONFIDENCE If the estafa was already consummated at the time of the falsification of the private document, or that the falsification was committed for the purpose of concealing the estafa, the falsification is not punishable because there was no damage or intent to cause damage with regard to the falsification.

The public officer, to be liable, must be engaged in the service of sending or receiving wireless, cable, telegraph or telephone message.
Use of said falsified messages Elements: 1. That the accused knew that wireless, cable, telegraph, or telephone message was falsified by any of the persons specified in the first paragraph of Art. 173. 2. That the accused used such falsified dispatch. 3. That the use of falsified dispatch resulted in the prejudice of a third party, or that the use thereof was with intent to cause such prejudice. Private individuals cannot be a principal by direct participation in falsification of telegraphic dispatches under Art. 173 Act. No. 1851, Sec. 4, punishes private individuals who forge or alter telegram.
FALSIFICATION OF MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERIT OR SERVICE, ETC. CERTIFICATE is any writing by which testimony is given that a fact has or has not taken place. PERSONS LAIBLE FOR FALSIFICATION OF CERTIFICATES: 1. Physician or surgeon who, in connection with the practice of his profession, issued a false certificate. (IT MUST REFER TO THE ILLNESS OR INJURY OF A PERSON) The name of the crime is FALSE MEDICAL CERTIFICATE by a physician.
FALSIFICATION OF WIRELESS, CABLE , TELEGRAPH AND TELEPHONE MESSAGES, AND USE OF SAID FALSIFIED MESSAGES Punishable Acts: 1. Uttering fictitious wireless, telegraph or telephone message. 2. Falsifying wireless, telegraph or telephone message. 3. Using such falsified message. Using fictitious message or falsifying the same Elements: 1. That the offender is an officer or employee of the Government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message. 2. That the offender commits any of the following acts: a. Uttering fictitious wireless, cable, telegraph or telephone message; or b. Falsifying wireless, cable, telegraph, or telephone message.
2.
Public officer who issued a false certificate of merit or service, good conduct or similar circumstances. The name of the crime is FALSE CERTIFICATE OF MERIT OR SERVICE by a public officer.
3.
Private individual who falsified a certificate falling in the classes mentioned in nos. 1 and 2. The crime is FALSE MEDICAL CERTIFICATE by a private individual or FALSE CERTIFICATE OF MERIT OR SERVICE by a private individual.
USING FALSE CERTIFICATES
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Elements: 1. That a physician or surgeon had issued a false medical certificate, or a public officer had issued a false certificate of merit or service, good conduct, or similar circumstances, or a private person has falsified any of said certificates. 2. 3. That the offender certificate was false. knew that the

That he used the same. When any of the false certificates mentioned in Art. 174 is used in the judicial proceeding, Art. 172 does not apply, because the use pf false document in judicial proceeding under Art. 172 is limited to those false documents embraced in Art. 171 and 172.
MANUFACTURING AND POSSESSION OF INSTRUMENT OR IMPLEMENTS FOR FALSIFICATION. Acts punishable: 1. Making or introducing into the Philippines any stamps, dies, marks, or other instruments or implements for counterfeiting of 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. TITLE SIX OF BOOK TWO, RPC CRIMES AGAINST PUBLIC MORALS (Arts. 195-202) Arts. 195-199, Provisions of P.D. 483 and 449 are repealed which are inconsistent with P.D. 1602 or Presidential Decree Prescribing Stiffer Penalties On Illegal Gambling. (a) The penalty of prision correccional in its medium period or a fine ranging from P1,000 to P6,000, and in case of recidivism, the penalty of prision mayor in its medium period or a fine ranging from P6,000 to P10,000 shall be imposed upon: (1) Any person who, in any manner, directly or indirectly takes part in any illegal or unauthorized activities or games of1. cockfighting, jueteng, jaialai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries;
cara y cruz or pompiang and the like; 3. 7-11 and any game using dice; 4. black jack, lucky nine, poker and its derivatives, mote, baccarat, cuajo, pangguingue and other card games; 5. pak que, high and low, mahjong, domino, and other games using plastic tiles and the like; 6. slot machines, roullete, pinball and other mechanical contraptions and devices; 7. dog racing, boat racing, car racing, and other forms of races; 8. basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to include game fixing, point shaving and other machinations; 9. banking or percentage game, or any other game or scheme, whether upon chance or scheme, wherein wagers consisting of money, articles of value or representative of value are at stake or made. (2) Any person who knowingly permits any form of gambling, Nos. (1 to 9), to be carried on in an inhabited or uninhabited place, or in any building, vessel or other means of transportation owned or controlled by him. (b) The penalty of prision correccional in its maximum period and a fine of six thousand pesos shall be imposed upon: (1) any person who shall knowingly permit any form of gambling to be carried on in a place which has a reputation of a gambling place or that prohibited gambling is frequently carried on therein, or in a public or government building or barangay hall; (2) the maintainer or conductor of the gambling schemes. (Note: Banker is not mentioned in the decree.) (c) The penalty of prision mayor in its medium period with temporary absolute disqualification or a fine of P6,000 shall be imposed if the maintainer, conductor or banker of the gambling schemes is a government official, or where such government official is the player, promoter, referee, umpire, judge or
2.
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coach in case of game fixing, point shaving and other machination. (d) The penalty of prision correccional in its medium period or a fine ranging from P400 to P2,000 shall be imposed upon any person who knowingly and without lawful purpose in any hour of any day possesses any lottery list, paper, or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the games of jueteng, jai-alai or horse racing bookies and similar games of lotteries and numbers which have taken place or about to take place. Gambling is a game or scheme the result of which depends wholly or chiefly upon chance or hazard. Playing of monte for money is not a necessary element (U.S. vs. Rafael, 23 Phil. 184). A game or scheme is punishable even if the winning depends upon skill, "when wagers consisting of money, articles or value or representative of value are at stake or made." OFFENSES AGAINST DECENCY AND GOOD CUSTOMS (Arts. 200-202) Art. 200- Grave Scandal Consists of acts which are offensive to decency and good customs which, having been committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same. Elements: 1. That the offender performs an act or acts. 2. That such act or acts be highly scandalous as offending against decency and good customs. 3. That the highly scandalous conduct is not expressly falling within any other article of this Code. 4. That the act or acts complained of be committed in a public place within the public knowledge or view. If the act or acts of the offender are punished under another article of this Code, Art. 200 is not applicable. Distinction should be made as to the place where the offensive act was committed: a. If in public place, there is criminal liability irrespective of whether the immoral act was in open public view; b. If in private place, public view is required. Public view does not require numerous persons. Even if there was only one person
who witnessed the offensive act for as long as the third person was not an intruder, grave scandal is committed provided the acts do not fall under any other crime in the RPC.
Art. 201- Immoral Doctrines, Obscene Publications and Exhibitions, and Indecent Shows (As amended by P.D. 969) Persons liable: 1. Those who shall publicly expound or proclaim doctrines openly and contrary to public morals; 2. The authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners/operators of the establishment selling the same; 3. Those who, in theaters, fairs, cinematographs or any other place, exhibit indecent or immoral plays, scenes, acts or shows, it being understood that the obscene literature or indecent or immoral plays, scenes, acts or shows, whether live or in film, which are proscribed by virtue hereof, shall include those which: a. Glorify criminals or condone crimes b. Serve no other purpose but to satisfy the market for violence, lust or pornography c. Offend any race or religion d. Tend to abet traffic in the use of prohibited drugs and e. Are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts; 4. Those who shall sell, give away, or exhibit films, prints, engravings, sculptures, or literature which are offensive to morals. Test of Obscenity: Whether or not the material charged as obscene has the tendency to deprave and corrupt the minds of those open to the influence, or into whose hands such material may come to (Kottinger Rule). Where such obscenity is made publicly, criminal liability arises. It is more on the effect upon the viewer and not alone on the conduct of the performer. Art. 202- Vagrants and Prostitutes Persons liable: 1. Any person having no apparent means of subsistence, who has the physical ability to work and who
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2. neglects to apply himself or herself to some lawful calling; Any person found loitering about public or semipublic buildings or places, or tramping or wandering about the country or the streets without visible means of support; Any idle or dissolute person who lodges in houses of ill-fame; ruffians or pimps and those who habitually associate with prostitutes; Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose; Prostitutes (women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct).

receives compensation for services rendered is a public officer. CRIMES OF MALFEASANCE AND MISFEASANCE IN OFFICE (Arts. 204-211) MISFEASANCE- improper performance of some act which might lawfully be done MALFEASANCE- the performance of some act which ought not to be done NONFEASANCE- omission of some act which ought to be performed Art. 204judgment Knowingly rendering unjust
3.
4.
5.
Prostitution is a term applicable also to a man if he engages in the same conduct: sex for money does not constitute prostitution but vagrancy. The common concept of a vagrant is a person who loiters in public places without any visible means of livelihood and without any lawful purpose. The law punishes the act involved here as a stepping stone to the commission of other crimes. Without this article, law enforcers would have no way of checking a person loitering in the wrong place at the wrong time.
Elements: 1. That the offender is a judge; 2. That he renders a judgment in a case submitted to him for decision; 3. That the judgment is unjust; 4. That the judge knows that his judgment is unjust. Judgment is a final consideration and determination of a court of competent jurisdiction upon the matters submitted to it, in an action or proceeding. A mere fact that the judge promised to the other party that he would decide the case against the complainant does not prove that the judgment is unjust. It is possible that such judgment is supported by the facts and the law. The rule requires that judgment should be rendered by the judge with conscious and deliberate intent to do an injustice. Art. 205- Judgment negligence rendered through
TITLE SEVEN CRIMES COMMITTED BY PUBLIC OFFICERS Art. 203- Who are public officers Requisites: One must be1. Taking part in the performance of public functions in the Government or performing in said Government or in any of its branches public duties as an employee, agent or subordinate official of any rank or class. 2. That his authority to take part in the performance of public functions or to perform public duties must bea. By direct provision of law b. By popular election c. By appointment by competent authority Under the Anti-Graft and Corrupt Practices Act (AGCPA), the term public officer is broader and more comprehensive because it includes all persons whether an official or an employee, temporary or not, classified or not, contractual or otherwise. Any person who
Elements: 1. That the offender is a judge; 2. That he renders a judgment in a case submitted to him for decision; 3. That the judgment is manifestly unjust; 4. That it is due to his inexcusable negligence or ignorance. Art. 206- Unjust interlocutory order Elements: 1. That the offender is a judge; 2. That he performs any of the following acts: a. Knowingly renders unjust interlocutory order or decree; or b. He renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance.
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Art. 207Malicious delay administration of justice in the

Elements: 1. That the offender is a judge; 2. That there is a proceeding in his court; 3. That he delays the administration of justice; 4. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. Art. 208Prosecution negligence and tolerance of offenses;
BIR officers, agents, or employees who, having knowledge or information of a violation of the Internal Revenue Law, fail to report such knowledge or information to their superiors, shall be punished under that law, not under this provision.
Punishable acts: 1. Maliciously refraining instituting prosecution violators of the law 2. Maliciously tolerating commission of offenses
from against the
Prevaricacion: Dereliction of duty in the prosecution of offenses: 1. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to prosecute offenses. 2. That there is dereliction of the duties of his office; that is, knowing the commission of the crime, he does not cause the prosecution of the criminal or knowing that a crime is about to be committed, he tolerates its commission. 3. That the offender acts with malice and deliberate intent to favor the violator of the law. Persons liable: 1. Public officer 2. An officer of the law Prevaricacion used to be a crime under the Spanish Codigo Penal wherein a public officer, regardless of his duty, violates the oath of his office by not carrying out the duties of his office for which he was sworn to office thus amounting to dereliction of duty. The thrust of prevaricacion is the breach of the oath of office by the public officer who does an act in relation to his official duties. The crime committed by the law violator must be proved first. If the guilt of the law-violator is not proved, the person charged with dereliction of duty under this article is not liable.
Art. 209- Betrayal of trust by an attorney or solicitor Punishable acts: 1. Causing damage to his client, either: a. By any malicious breach of professional duty; or b. Inexcusable negligence or ignorance. -there must be damage to the client 2. Revealing any of the secrets of his client learned by him in his professional capacity. -damage is not necessary 3. Undertaking the defense of the opposing party in the same case, without the consent of his first client, after having undertaken the defense of the said first client, or after having received confidential information from said client. -if there is consent, no crime "With a view to engaging-" disclosure here is already confidential (Revised Rules on Evidence). The nominal liability under this article may be constituted either from breach of professional duties in the handling of the case or it may arise out of the confidential relation between the lawyer and the client. Breach of professional duty- tardiness in the prosecution or the case for which reason the case was dismissed for being non-prosecuted; or tardiness on the part of the defense counsel leading to declaration of default and adverse judgment. Breach of confidential relationrevealing information obtained or taking advantage thereof by accepting the engagement with the adverse party. There is no need to prove that the client suffered damages. The mere breach of confidential relation is punishable.
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Art. 210- Direct bribery Punishable acts: 1. Agreeing to perform, or by performing, in consideration of any offer, promise, gift or presentan act constituting a crime, in connection with the performance of his official duties. 2. Accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty. 3. Agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in consideration of gift or promise. Qualified bribery- committed by public officers entrusted with the enforcement of law and whose duty is to arrest and prosecute those who violate them where the penalty for the same is reclusion perpetua or higher. For purposes of punishing bribery, the temporary performance of public functions is sufficient to constitute a person a public officer. The gift may be received by the public officer himself or through a third person. The gift or present must be capable of pecuniary estimation. The crime of direct bribery may be committed only in the attempted and consummated stages, because in frustrated felony, the offender must have performed all the acts of execution which would produce the felony as a consequence.

DIRECT BRIBERY Public officer receives a gift There is an agreement between the public officer and the giver of the gift or present The offender agrees to perform or performs an act or refrains from doing something because of the gift or promise 3.
INDIRECT BRIBERY Public officer receives a gift Usually no such agreement
Not necessary that the officer would do any particular act or even promise to do an act, as it is enough that he accepts gifts offered to him by reason of his office That the said gifts are offered to him by reason of his office.
-No attempted or frustrated stage Art 212- Corruption of public officials Elements: 1. That the offender makes offers or promises or gives gifts or presents to a public officer. 2. That the offers or promises are made or the gifts or present given to a public officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery. Art. 213- Frauds against the public treasury and similar offenses Punishable Acts: 1. Entering into an agreement with any interested party or speculator or making use of any other scheme, to defraud the Government, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds. 2. Demanding, directly or indirectly, the payment of sums different from or larger that those authorized by law, in the collection of taxes, licenses, fees, and other imposts. 3. Failing voluntarily to issue a receipt as provided by law, for any sum of money collected by him officially, in the collection of taxes, licenses, fees, and other imposts. 4. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law, in the collection of taxes, licenses, fees, and other imposts. Elements of frauds against public treasury (par. 1): 1. That the offender be a public officer.
In Direct bribery, consider whether the official act which the public officer agreed to do is a crime or not: 1. If it will amount to a crime, it is not necessary that the corruptor should deliver the consideration on the doing of the act. 2. If it is not a crime, the consideration must be delivered by the corruptor before a public officer can be prosecuted for bribery. Bribery refers to the act of the receiver and the act of the giver is Corruption of Public Official.
Art. 211- Indirect bribery Elements: 1. That the offender is a public officer. 2. That he accepts gifts.
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2. That he should have taken advantage of his office, that is, he intervened in the transaction in his official capacity. That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (1) furnishing supplies (2) the making of contracts, or (3) the adjustment or settlement of accounts relating to public property or funds. That the accused had intent to defraud the Government.

with the amount being demanded. That will not affect the consummation of the crime. Second form: Shall collect payment due the government without issuing an official receipt or receipt prescribed by law. The act of receiving payment due the government without issuing a receipt will give rise to illegal exaction even though a provisional receipt has been issued. What the law requires is a receipt in the form prescribed by law, which means official receipt. Third form: shall accept by way of payment due to the government that which is not in the form prescribed by law. Under the rules and regulations of the government, payment of checks not belonging to the taxpayer but that of checks of other persons, should not be accepted to settle the obligation of that person. Art. 214- Other frauds The offender is a public officer who takes advantage of his official position. Art. 215- Prohibited transactions Elements: 1. That the offender is an appointive public officer. 2. That he becomes interested, directly or indirectly, in any transaction of exchange or speculation. 3. That the transaction takes place within the territory subject to his jurisdiction. 4. That he becomes interested in the transaction during his incumbency. It is sufficient under this article that the appointive officer has an interest in any transaction of exchange or speculation, such as, buying and selling stocks, commodities, land, etc., hoping to take advantage of an expected rise or fall in price.
3.
4.
Crime of frauds against public treasury is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any other scheme to defraud the Government.
Elements of illegal exactions: 1. The offender is a public officer entrusted with the collection of taxes, licenses, fees, and other imposts. 2. He commits any of the following acts: a. Demanding, directly or indirectly, the payment of sums different from or larger that those authorized by law; b. Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially; or c. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law. Mere demand for larger or different amount is sufficient to consummate the crime. When there is deceit in demanding greater fees than those prescribed, the crime is ESTAFA and NOT ILLEGAL EXACTION. Officers or employees of the Bureau of Internal Revenue or Bureau of Customs not covered by this article. The National Internal Revenue Code or the Administrative Code applies. The essence of the crime is not misappropriation of any of the amounts but the improper making of the collection which would prejudice the accounting of collected amounts by the Government. First form: shall demand an amount different from what the law provides payable to the Government. In this form, mere demand will consummate the crime, even if the taxpayer shall refuse to come across
Art. 216- Possession of prohibited interest by a public officer Persons liable: 1. Public officer who, directly or indirectly, became interested in any contract or business which it was his official duty to intervene. 2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the appraisal, distribution or adjudication of which they had acted.
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3. Guardians and executors with respect to the property belonging to their wards or the estate.

Actual fraud is not necessary. Intervention must be by virtue of the public office held. Correlate with Art. VI Sec. 14 of the 1987 Constitution; Art. VII Sec. 13 and Art. IX-A Sec. 2.
CRIMES CALLED MALVERSATION OF PUBLIC FUNDS OR PROPERTY (Arts. 217221) Art. 217- Malversation of public funds or property Punishable Acts: 1. Appropriating public funds or property 2. Taking or misappropriating the same 3. Consenting or through abandonment or negligence, by permitting any other person to take such public funds or property 4. Being otherwise guilty of the misappropriation or malversation of such funds or property Common elements: 1. That the offender is a public officer who has: a. official custody of public funds or property or the duty to collect or receive funds due to the Government b. the obligation to account for them to the Government. 2. That he had the custody or control of funds or property by reason of the duties of his office. 3. That those funds or property were public funds or property for which he was accountable. 4. That he appropriated, took, misappropriated or consented or through abandonment or negligence, permitted another person to take them. Malversation may be committed by private individuals in the following cases: 1. Those in conspiracy with public officers guilty of malversation; 2. Those who are accessory or accomplice to a public officer; 3. Custodian of public funds or property in whatever capacity; 4. Depositary or administrator of public funds or property. Damage not necessary to the Government. The crime bears a relation between the offender and the funds or property
involved, for the crime can be committed only by an officer accountable for the funds or property which is appropriated. Accountable officer does not refer only to cashier, disbursing officers, property custodian. It is the nature of the duties, not the relatively important name given to the office, which is the controlling factor in determining whether or not the accused is an accountable public officer. A public officer having only a qualified charge of government property without authority to part with physical possession of it, unless, upon order from his immediate superior, cannot be held liable for malversation. If the offender is not the one accountable but somebody else, the crime committed is theft. It will be qualified theft if there is abuse of confidence. When private property is attached or seized by public authority and the public officer accountable therefor misappropriates the same, malversation is also committed. Any overage or excess in the collection of an accountable public officer should not be extracted by him and it is commingled with the public funds. Malversation may be committed by abandonment or negligence. The measure of negligence is the standard of care commensurate with the occasion, and then endeavor to ascertain how far short of this standard falls the act or omission in question. When an accountable public officer makes a wrong payment through honest mistake as to the law or to the facts concerning his duties, he is not liable for malversation. He is only civilly liable. Lack of criminal intent or good faith is a defense in malversation not committed through negligence. Presumption of misappropriation- when a demand is made upon an accountable officer and he cannot produce the fund or property involved, there is prima facie presumption that he had converted the same to his own use. Presumption arises only if at the time the demand to produce the public funds was made, the accountability of the accused is already determined and liquidated. There can be presumption unless and until the amount of his accountability is already known.
Art. 218- Failure of accountable officer to render accounts Elements:
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That the offender is a public officer, whether in the service or separated therefrom. 2. That he must be an accountable officer for public funds or property. 3. That he is required by law or regulation to render accounts to the Commission on Audit, or to a provincial auditor. 4. That he fails to do so for a period of 2 mos. After such accounts should be rendered. Misappropriation is not necessary. Demand for accounting is not necessary. It is sufficient that there is a law or regulation requiring him to render account. Art. 219- Failure of a responsible public officer to render accounts before leaving the country Elements: 1. That the offender is a public officer. 2. That he must be an accountable public officer for public funds or property. 3. That he unlawfully left (or be on the point of leaving) the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled. The act of leaving the country must be unauthorized or not permitted by law. When an accountable officer leaves the country without first settling his accountability or otherwise securing a clearance from the COA regarding such accountability, the implication is that he left the country because he has misappropriated the funds under his accountability. Art. 220- Illegal use of public funds or property This crime is known as technical malversation because the fund or property is already earmarked or appropriated for a certain public purpose. Elements: 1. That the offender is a public officer. 2. That there is public fund or property under his administration. 3. That such public fund or property has been appropriated by law or ordinance. 4. That he applies the same to a public use other than that for which such 1.

fund or property has been appropriated by law or ordinance. Art. 221- Failure to make delivery of public funds or property Punishable Acts: 1. Failing to make payment by a public officer who is under obligation to make such payment from Government funds in his possession. 2. Refusing to make delivery by public officer who has been ordered by competent authority to deliver any property in his custody or under his administration. (Refusal must be malicious) Art. 222- Officers included in the provisions Private individuals who may be liable under Arts. 217-221: 1. Private individuals who, in any capacity whatever, have charge of any national, provincial or municipal funds, revenue, or property. 2. Administrator or depository of funds or property, attached, seized, or deposited by public authority even if such property belongs to a private individual. Art. 223- Conniving with or consenting to evasion Elements: 1. That the offender is a public officer. 2. That he had in his custody or charge, a prisoner, either detention prisoner or prisoner by final judgment. 3. That such prisoner escaped from his custody. 4. That he was in connivance with the prisoner in the latter's escape. The crime is infidelity in the custody of prisoners if the offender involved is the custodian of the prisoner. When a chief of police released a detention prisoner/s, because he could not file a complaint against them within the time fixed in Art. 125, he is not guilty of infidelity in the custody of prisoners. There is real and actual evasion of service of a sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment and to escape the punishment of being deprived of his liberty, thus making the penalty ineffectual, although the convict may not have fled. If the jailguard who allowed the prisoner to escape is already off-duty at that time and he is no longer the custodian of the prisoner, the crime committed by him is delivering prisoners from jail.
MALVERSATION ILLEGAL USE Offenders are Offenders are accountable public accountable public officers officers Offenders in certain Offenders do not derive cases profitthefrom theLAW SECTION gain or ALEC ANTHONY PENA Assistant Chief CRYSTAL VEMIL LAMMAWIN Members personal Chief profit 27 Prepared by CRIMINAL proceedsANIBAN, crime DATI, JOHN LABSKY MAXIMO, JOEL PASIWEN, NOELLE DIZON, YZANNE MERCED, ROSANNE LOVILYN of the MATHEW RARANG and ENGELBERT The All The public fund is to SORIANO. public Rights Reserved by the SAINT LOUIS UNIVERSITY COLLEGE OF LAW BAR fund or OPERATIONS be applied 2003. the property is applied to to personal use and another public use benefit of the offender or of another person
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The crime can be committed also by a private person if the custody of the prisoner has been confided to a private person.

Art. 224- Evasion through negligence Elements: 1. That the offender is a public officer. 2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment. 3. That such prisoner escapes through negligence. What is punished under this is such a definite laxity as all but amounts to deliberate non-performance of duty on the part of the guard. The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation.
be the custodian thereof, this crime is not committed. With respect to official documents, infidelity is committed by destroying the documents, or removing the document or concealing the document. Damage to public interest is necessary. However, material damage is not necessary. The simple act of retaining the mail without forwarding the letters to their destination, even though without opening them or taking the moneys they contained, already constitutes infidelity on the part of the post office official.
Art. 227- Officer breaking seal Elements: 1. That the offender is a public officer. 2. That he is charged with the custody of papers or property. 3. That these papers or property are sealed by proper authority. 4. That he breaks the seal or permits them to be broken. Where documents are sealed by competent authorities, it is evident that the purpose thereof is to ensure their preservation. It is not required that there be damage caused or that there be intent to cause damage.
Art. 225- Escape of prisoner under the custody of a person not a public officer Elements: 1. That the offender is a private person. 2. That the conveyance or custody of a prisoner or person under arrest is confided to him. 3. That the prisoner or person under arrest escapes. 4. That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence. This article does not apply the principle in conspiracy that "the act of one is the act of all." If the offender is not the custodian of the prisoner, he is guilty of the crime of delivering prisoners from jail.
Art. 228- Opening of closed documents Elements: 1. That the offender is a public officer. 2. That any closed papers, documents, or objects are entrusted to his custody. 3. That he opens or permits to be opened said closed papers, documents or objects. 4. That he does not have proper authority. Art. 229- Revelation of secrets by an officer Punishable Acts: 1. Revealing any secrets known to the offending public officer by reason of his official capacity. 2. Delivering wrongful papers or copies of papers of which he may have charge and which should not be published. This article does not include the revelation of secrets of the State to belligerent nation, because such acts are already defined and punished as espionage in Art. 117 or CA No. 616. Damage is an element of an offense.
Art. 226- Removal, concealment, or destruction of documents Elements: 1. That the offender be a public officer. 2. That he abstracts, destroys or conceals a document or papers. 3. That the said document or papers should have been entrusted to such public officer by reason of his office. 4. That damage, whether serious or not, to a third party or to the public interest should have been caused. Removal intention a. b. c. must be for illicit purpose with the either to: tamper with it profit by it commit an act constituting a breach of trust in the official care thereof. If the officer was placed in possession of the document but it is not his duty to
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Art. 230- Public officer revealing secrets of private individual Elements: 1. That the offender is a public officer. 2. That he knows of the secrets of a private individual by reason of his office. 3. That he reveals such secrets without authority or justifiable reason. Revelation to one person is sufficient, for public revelation is not required. Damage to private individuals is not necessary.

Art. 231- Open disobedience Elements: 1. That the offender is a judicial or executive officer. 2. That there is a judgment, decision or order of a superior authority. 3. That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities. 4. That the offender without any legal justification openly refuses to execute the said judgment, decision or order, which he is duty bound to obey. Art. 232- Disobedience to order of superior officer when said order was suspended by inferior officer Elements: 1. That the offender is a public officer. 2. That an order is issued by his superior for execution. 3. That he has for any reason suspended the execution of such order. 4. That his superior disapproves the suspension of the execution of the order. 5. That the offender disobeys his superior despite the disapproval of the suspension. The order of the superior must be legal, otherwise, this article is inapplicable.
3. That he maltreats such prisoner in either of the following manners: a. By overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either(1) by the imposition of punishments not authorized by the regulations, or (2) by inflicting such punishments (those authorized) in a cruel and humiliating manner; or b. By maltreating such prisoner to extort a confession or to obtain some information from the prisoner. The maltreatment (1) must relate to the correction or handling of the prisoner, or (2) must be for the purpose of extorting a confession or of obtaining some information from the prisoner. If the public officer is not the custodian of the prisoner and he manhandled the latter, the crime is physical injuries. If the maltreatment was done in order to extort confession therefor, the constitutional right of the prisoner is further violated. The penalty is qualified to the next higher degree.
Art. 236- Anticipation of duties of a public office Elements: 1. That the offender is entitled to hold a public office or employment, either by election or appointment. 2. That the law requires that he should first be sworn in and/or should first give a bond. 3. That he assumes the performance of the duties and powers of such office. 4. That he has not taken his oath of office and/or given the bond required by law. Art. 237- Prolonging performance of duties and powers Elements: 1. That the offender is holding a public office. 2. That the period provided by law, regulations or special provisions for holding such office, has already expired. 3. That he continues to exercise the duties and powers of such office. Art. 238- Abandonment of office position Elements: 1. That the offender is a public officer. or
Art. 233- Refusal of assistance Elements: 1. That the offender is a public officer. 2. That a competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service. 3. That the offender fails to do so maliciously Art. 235- Maltreatment of prisoners Element: 1. That the offender is a public officer 2. That he has under his charge a prisoner or detention prisoner
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2. That he formally resigns from his position. 3. That his resignation has not yet been accepted. 4. That he abandons his office to the detriment of the public service. Art. 239- Usurpation of legislative powers Elements: 1. That the offender is an executive or judicial officer. 2. That he (a) makes general rules or regulations beyond the scope of his authority or (b) attempts to repeal a law or (c) suspends the execution thereof. Art. 240Usurpation of executive functions Elements: 1. That the offender is a judge. 2. That he (a) assumes a power pertaining to the executive authorities, or (b) obstructs the executive authorities in the lawful exercise of their powers. Art. 241- Usurpation of judicial functions Elements: 1. That the offender is an officer of the executive branch of the Government. 2. That he (a) assumes judicial powers, or (b) obstructs the execution of any order or decision rendered by any judge within his jurisdiction. The purpose of this article is to maintain the separation and independence of the 3 departments of the government and to keep the 3 branches within the legitimate confines of their respective jurisdictions and the officers thereof within the scope of their lawful authority. Art. 242Disobeying request for disqualification Elements: 1. That the offender is a public officer. 2. That a proceeding is pending before such public officer. 3. That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided. 4. 5. That he has been lawfully required to refrain from continuing the proceeding. That he continues the proceeding.

3.
That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice.
Art. 244- Unlawful appointments Elements: 1. That the offender is a public officer. 2. That he nominates or appoints a person to a public office. 3. That such person lacks the legal qualifications therefor. 4. That the offender knows that his nominee or appointee lacks the qualifications at the time he made the nomination or appointment. Art. 245- Abuses against chastity Elements: 1. That the offender is a public officer. 2. That he solicits or makes immoral or indecent advances to a woman. 3. That such woman must bea. interested in matters pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior officer; or b. c. under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest; or d. the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender. The essence of the crime is mere making of immoral or indecent solicitation or advances. The crime is also committed if the woman is a prisoner and the offender is her jail warden or custodian.
Art. 243- Orders or requests by executive officers to any judicial authority Elements: 1. That the offender is an executive officer. 2. That he addresses any order or suggestion to any judicial authority.
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CRIMES AGAINST PERSONS A. DESTRUCTION OF LIFE PARRICIDE Elements: 1. that a person is killed 2. that the deceased is killed by the accused 3. that the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse of the accused. Relationship of the offender with the victim is the essential element. The child should not be less than 3 days old, otherwise the crime is infanticide. Relationship is essential element 1. Only relatives by blood and in the direct line, except spouse, is considered in parricide. There is no parricide in the killing of brothers or sisters being merely collateral. 2. It must be a legitimate relationship except for parent and child where relationship could either be legitimate or illegitimate. 3. By blood except for husband and wife, there is no parricide in the killing of the adopter of the adoptee of vice versa. Cases when a person committed a parricide but not imposed the severe penalty (reclusion perpetua to death).
PARRICIDE Based on relationship Committed only by relatives enumerated Conspiracy cannot be applied because relationship is an element. Separate information must be filed for parricide the murder or homicide on the part of the nonrelative conspirator as the case may be. To conceal dishonor of the mother is not a mitigating circumstance.
INFANTICIDE Based on age of the child May be committed by strangers Conspiracy is applicable but only one information shall be prepared for all the conspirators.
To conceal mothers dishonor is mitigating.
1) DEATH or Physical Injuries Inflicted Under Exceptional Circumstances a) a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse with another; b) he or she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter; and c) he has not promoted of facilitated prostitution of his wife or daughter, or that he or she has not consented to the infidelity of the other spouse. Applicable if the daughter is still single. Take note that the discovery, the escape, the pursuit and the killing must all form part of one continuous act. Elements:
Parricide though negligence (Art. 365). Parricide by mistake (rt. 249). PARRICIDE UNDER EXCEPTIONAL CIRCUMSTANCES In the killing of a spouse, there must be a valid subsisting marriage at the time of the killing. Also the information should allege the fact of such marriage between accused and the victim. Marriage certificate is the best evidence, in the absence oral evidence of the fact of marriage may be considered by the trial court if such proof is not objected to. (People v. Malabago Dec. 1196) The fact of marriage is necessarily included in the information, failure to allege the same, the accused can not be convicted of parricide as the accused was denied information of the nature of the charge against him.
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This Article does not define a crime but provides a privilege, the rationale for this is that the killing or injury was without sufficient intelligence because of the overwhelming passion. Destierro is not a penalty because there is no criminal liability, it is simply provided for the protection of the accused against retaliation or vendetta. Where mere physical injuries were inflicted there is no liability to speak of. Note that the killing must always be the direct by product of the accused rage, the same being continuous even though the killing took place at a latter time. Where third persons were injured in the course of the firing by the accused of the paramour, the accused cannot be held liable as inflicting death under the exceptional circumstances is not murder. (People v. abarca September 1987)

Treachery and evident premeditation are inherent in murder by means of poison, and as such they cannot be considered as aggravating. Where the circumstances alleged in the information are not the circumstances proved in the trial, it is not murder because any of the qualifying circumstances in Art. 248 is an ingredient of murder and not merely qualifying circumstances.
Rules for the application of the circumstances which qualify the killing to murder: 1. That murder will exist with only one of circumstances described in Art. 248. a. When more than one of said circumstances are present, the others must be considered as generic aggravating. 2. That when the other circumstances are absorbed or included in one qualifying circumstance, they cannot be considered as generic aggravating; 3. That any of the qualifying circumstance under Art. 248 must be alleged in the information. HOMICIDE Elements: 1. a person was killed; 2. accused killed him without any justifying circumstance; 3. accused had intention to kill, which is presumed; and 4. killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. Intent to kill, conclusively presumed when death resulted, when the victim does not die, intent to kill becomes a specific criminal intent which must be established beyond reasonable doubt, otherwise the crime shall fall under physical injuries. Evidence of intent to kill is important only in attempted or frustrated homicide. It is a hornbook doctrine that an accused cannot be charged of an offense unless it is clearly charged in the complaint or information. A person charged with homicide by stabbing cannot be convicted when the cause of
ISSUES to be resolved: 1. Was the surprising made while the intercourse is taking place, 2. Was the killing made during that time or immediately thereafter. MURDER Elements: 1. A person was killed; 2. The accused killed him; 3. Killing was accompanied by any of the qualifying circumstances mentioned in Art. 248; 4. Killing is not parricide or infanticide. Qualifying Circumstances: 1. with treachery, taking advantage superior strength , with the aid armed men, or employing means weaken defense, or of means persons to insure or afford impunity; of of to or
2. in consideration of price, reward, or promise; 3. by means of fire, poison, explosion, etc. 4. on occasion of any calamities enumerated in the preceeding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, or any other public calamity; 5. with evident premeditation. 6. with cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpose.
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death is drowning. (People v. Ortega, Jr., July 1997) How should homicide committed with the use of an unlicensed firearm be dominated? The crime should be homicide, aggravated by illegal possession of firearm, and not illegal possession of firearm, aggravated by homicide as ruled by the trial court as it is the former offense which aggravates the homicide under amendatory law. (People v. Castillo, Feb. 2000) RA 8294 amended PD 1866, it now provides that if homicide or murder is committed with the use of an unlicensed firearm, such use of unlicensed firearm shall be considered as aggravating circumstance.

1. there is tumultuous affray; 2. a participant or some participants thereof suffer serious physical injuries or physical injuries or less serious physical injuries only; 3. person responsible thereof cannot be identified; and 4. all who appear to have used violence upon offended party are known. Injured party must be one or some of the participants in the tumultuous affray. Only one who used violence is liable. Penalty is one degree lower than that for physical injury inflicted. Slight injuries excluded.
GIVING ASSISTANCE TO SUICIDE Act Punishable: 1. assisting another to commit suicide, whether same is consummated or not; 2. by lending his assistance to another to commit suicide to the extent of doing the killing himself. Euthanasia- mercy killing - the practice of painlessly putting to death a person suffering from some incurable disease. Not considered as lending assistance to suicide because the person killed does not want to die. A doctor who resorts to mercy-killing of his patient may be liable for murder. DICHARGE OF FIREARM Elements: 1. offender discharges a firearm against or at another person; and 2. offender has no intention to kill that person. If there was no intent to kill and the person shot at was hit, the crime would be a complex crime of illegal discharge of firearm with serious physical injuries. If the injury was slight, two crimes are committed, illegal discharge of firearm and slight physical injury.
DEATH CAUSED IN A TUMULTOUS AFFRAY Elements: 1. there be several persons; 2. they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally; 3. these several persons quarreled and assaulted one another in a confused and tumultuous manner; 4. someone was killed in the course of the affray; 5. it cannot be ascertained who actually killed the deceased; and 6. person or persons who inflicted serious physical injuries or who use violence can be identified. Tumultuous affray exists when at least four persons took part; Person killed in the course of the affray need not be one of the participants thereof. If person who inflicted fatal wound is known, crime is not homicide in tumultuous affray but homicide under ART. 249.
Persons liable for death in tumultuous affray: 1. person or persons who inflicted serious physical injuries; 2. if not known who inflicted serious physical injuries on the deceased, all persons who used violence upon the person of the victim are liable. The someone that is killed may be a participant in the affray or a mere passerby. INFLICTED IN
INFANTICIDE Elements: 1. a child was killed; 2. deceased child was less than 3 days (72 hrs.) of age; and 3. accused killed the child. Concealing dishonor is not an element of infanticide but the same may mitigate liability only of the mother or maternal grandparents.
PHYSICAL INJURIES TUMULTOUS AFFRAY Elements:
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What is required if the victim is fetus? The fetus must already be viable, otherwise the crime is not infanticide but abortion. If the fetus had an intra-uterine life of less than seven months and it was destroyed within 24 hours after its complete separation from the womb, it is still abortion. INTENTIONAL ABORTION ACTS PUNISHABLE: 1. by using any violence upon a pregnant woman; 2. by acting but without using force, without the consent of the woman, ( by administering drugs or beverages upon such pregnant woman without her consent); 3. By acting, (by administering drugs or beverages) with the consent of pregnant. ELEMENTS: 1. there is a pregnant woman; 2. violence is exerted, or by administering drugs and beverages, or accused otherwise acts upon such pregnant woman; and 3. as a result of such violence or by administering drugs or beverages, or any acts of the accused, foetus dies, either in the womb or after having been expelled therefrom. Note: If foetus could sustain an independent life and is killed, it is infanticide; otherwise it is abortion.

1. there is pregnant woman who suffered abortion; 2. abortion is intended; 3. abortion is caused by: a. the pregnant woman herself; b. any other person with her consent; c. any other person with her consent for the purpose of concealing her dishonor. If the same is sought to conceal dishonor, same may mitigate liability of the mother only.
ABORTION PRACTICED BY PHYSICIAN OR MIDWIFE IN DISPENSING ABORTIVES ELEMENTS; 1. there is a pregnant woman who suffered abortion; 2. abortion is intended; 3. offender, who must be physician or midwife, caused or assists in causing abortion; 4. physician or midwife takes advantage of his/her scientific knowledge or skill. ELEMENTS WITH RESPECT TO PHARMACIST: 1. offender is a pharmacist; 2. no proper prescription from a physician; 3. offender dispenses any abortive. RA # 4729 regulates sale dispensation and distribution of contraceptive drugs and devises.
UNINTENTIONAL ABORTION ELEMENTS: 1. there is pregnant woman; 2. violence is used upon such pregnant woman; 3. violence is intentionally committed; and 4. as a result of such violence fetus dies, either in the womb or after having been expelled therefrom. INTENTIONAL With or without violence May be by strangers or by the woman herself or the parents Stranger knows of the pregnancy of the woman UNINTENTIONAL With violence (physical) By strangers only Stranger may not know the pregnancy WOMAN
ABORTION Fetus is still drawing life from its mother Umbilical cord is not yet cut The baby had an intrauterine life of less than seven months and is killed within 24 hours
INFANTICIDE Victim is already a person Umbilical chord is cut and the infant is still alive The baby had an intra-uterine life of less than 7 months and it is killed after 24 hours
ABORTION PRACTICED BY A HERSELF OR BY HER PARENTS ELEMENTS;
In both cases, the killing by the woman to conceal dishonor is an extenuating circumstance only in the case of mother and grandparents. The intentional or unintentional refer to the kind of abortion and not the ways of committing it whether by dolo or culpa. If when committing intentional abortion, the woman turned out to be not pregnant, it is an impossible crime of abortion. If the non-pregnant woman suffered physical injuries, then the liability is for physical injuries and not
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for impossible crime which is crime of last resort. The woman cannot commit unintentional abortion against herself, it is always intentional.

reproduction to deprive him of that part of the body. ELEMENTS: 1. that there be a castration, that is, mutilation of organs necessary for generation such as pen 2. is and ovarium; 3. that mutilation is caused purposely and deliberately, that is to deprive the offended party of some essential organ of reproduction. The common mistake is to associate this with reproductive organs only. Mutilation includes any part of the human body that is not susceptible to grow again. (Mayhem)
RESPONSIBILITY OF PARTICIPANTS IN A DUEL DUEL- formal or regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on its side, who make selection of arms and fix all other conditions of the fight. ACTS PUNISHABLE: 1. by killing ones adversary in a duel; 2. by inflicting upon such adversary physical injuries; and 3. by making a combat although no physical injuries have been inflicted. Persons Liable: 1. person who killed or inflicted physical injuries upon his adversary, or both combatants any other case as principals; 2. seconds and accomplices. CHALLENGING TO DUEL ACTS PUNISHED; 1. by challenging another to duel; 2. inciting another to give or accept a challenge to duel; 3. scoffing or decrying another publicly for having refused to accept a challenge to fight in a duel. If one is moved by ill-feeling or hatred it is not challenging to duel.
2. PHYSICAL INJURIES It is a formal crime because it is penalized on the basis of the gravity of the injury. What is punished is the consequence and not the stage of execution. Hence it cannot be committed in an attempted or frustrated stage. Serious Physic al Injury Incapacity for work is beyond 30 days. Less serious PI 10-30 days duration of healing or treatment, incapacitated from work for less than 30 days. Slight PI
Persons Responsible: 1. challenger 2. instigator A person who challenges another to a duel commits grave coercion. If killing occurs, it is homicide or murder as the case may be.
PHYSICAL INJURIES 1. MUTILATION KINDS: 1. Intentionally mutilating another by depriving him, either totally or partially of some essential organ for reproduction; 2. Intentionally making other mutilation that is by looping or clipping off any part of the body of the offended party other than the essential organ for
Deformity is created upon the offended party, healing duration or period of treatment is disregarded. Deformity; a) The injury brought about an ugliness upon the offende d; b) Such ugliness would not
1-9 days duration of healing or treatment, however if medical treatment exceeds 9 days it would qualify as Less Serious. This involves ill treatment where there is no sign of injury requiring medical treatment. Illtreatment- is committed by inflicting of pain although there is no wound but the pain suffered gives rise to slight physical injuries.
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disappe ar through natural healing process . Physical Injuries The means employed is not capable of resulting to death. Attempted frustrated homicide/murder Intent to kill determined, or is
How? Determined by the means employed, an overt act to kill must be established and it cannot simply be manifested by oral threats.
RAPE (R.A. 8353) How committed? 1. By a man who shall have carnal knowledge of a woman under any of the following circumstances: a) Through force, threat or intimidation; b) When the offended party is deprived of reason or otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority; and d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above is present. 2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another persons mouth or anal orifice, or any instrument or object, into genital or anal orifice of another person. Aggravating/Qualifying Circumstances increases penalty to DEATH 1. Victim is under 18 and offender is the parent, ascendant, step-parent, and guardian, relative by consanguinity or affinity within the 3rd civil degree, or the common-law of the parent of the victim. 2. Victim is under the custody of the police or military authorities or any law enforcement or penal institution. 3. Rape is committed in full view of the spouse, parent, any of the children or other relatives within the 3rd civil degree. NOTE: Jurisprudence used
presence instead of full-view, therefore, hearing distance is possible, relation by affinity not included. 4. Victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before the time of the commission of the crime. 5. Victim is under 7 years old. 6. Offender knows that he has AIDS or any STD and the virus or disease is transmitted to the victim. 7. When committed by any member of then AFP or paramilitary 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. 8. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability. 9. When the offender knew of the pregnancy of the offended party at the time of the commission of the crime. 10. When the offender knew of the mental disability, emotional disorder and or physical handicap of the offended party at the time of the commission of the crime. NOTE: The above stated circumstances must be alleged in the information to be appreciated as such. The Supreme Court did not impose death on the following: 1. age of the victim was not alleged in the information; 2. relationship of the offender and offended not alleged though proved; 3. minority and relationship not alleged; 4. where the accused was alleged as stepfather in the information but proved later that he is merely a common-law spouse of the parent of the offended. Pardon by the offended party? The valid marriage between the offender and the offended party shall extinguish the action or penalty imposed. Force in Rape It does not mean violently, but with the description of force which must be exercised in order to accomplish the act for there is no doubt that unlawful connection with a woman in a state of consciousness, produced by profound sleep, stupor or otherwise amounts to rape. Force may not be irresistible, all that is necessary that the force used by the accused is sufficient to consummate his evil purpose, or that it was successfully used.
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Intimidation in rape This includes moral kind that is, threatening the victim with knife. Intimidation is addressed to the mind of the victim and is, therefore subjective. Its presence cannot be tested by any hard and fast rule, but must be viewed in the light of the victims perception and judgment at the time of the crime. The working of the human mind under emotional state are unpredictable, people react differently in such situations. Statutory Rape This is carnal knowledge of a woman below 12 years old. Force and intimidation need not be proved, sweetheart defense is not a defense. The birth certificate is the best evidence. Consent is immaterial, what is at stake is that the child is of tender age and does not have a will of her own.

of the crimes under Title IX, the crime is also one committed under this title and not under Title II. KIDNAPPING AND SERIOUS ILLEGAL DETENTION Elements: 1) that the offender is a private individual 2) that he kidnaps or detains another, or in any manner deprives the latter of his liberty 3) that the act of detention or kidnapping must be illegal. 4) that in the commission of the offense, any of the ff. circumstances is present. a. that the kidnapping or detention lasts for more than 3 days b. that it is committed simulating public authority c. that any serious physical injuries are inflicted upon person kidnapped or detained or threats to kill him are made. d. That the person kidnapped or detained is a minor, female or a public officer. Detention for more than 3 days not necessary when any of the other circumstances is present Victim need not be placed in an enclosure restraint need not be permanent. Death Penalty
Some doctrinal principles: 1. Full or complete penetration of the private parts is not necessary as the only essential point to prove is the entrance r at least the introduction of the male organ in the labia of the pudendum. 2. The absence of medical findings by the medico-legal officer does not disprove the commission of rape, neither is the presentation of the victims torn panty fatal to the prosecutions case. The purpose of the medical examination is corroborative in nature. Furthermore, the presence of a laceration in the vagina is not an essential prerequisite to prove that a victim has been raped. 3. So long as the testimony of the victim meets the test of credibility, the accused may be convicted of the offense. 4. In incestuous the moral ascendancy of the parent takes the place of force or violence.
Qualifying Circumstance:
1. Purpose is to extort ransom 2. If victims is killed, raped or tortured as a consequence Ransom: Money, price or consideration paid or demanded for redemption of a captured person that would release then from captivity. Kidnapping connotes the idea of transporting the offended party from one place to another Illegal detention connotes the idea, that is restrained of his liberty without necessarily transporting him from one place to another When victim is killed because of his refusal to pay the ransom kidnapping being necessary to commit the murder it is complex crime of kidnapping with murder. But where he was taken for the purpose of killing him and not for detaining him, crime committed is murder. RA 7659 modified Art. 267, the amendment brings about a composite crime of Kidnapping with Homicide when it is the victim of the kidnapping who was killed , or dies as a consequence of the detention and thus only one penalty is imposed which is
CRIMES AGAINST LIBERTY If there is any crime under Title IX, which has no corresponding provision with crimes under Title II, then the offender may be a public officer or a private person. If there is a corresponding crime under Title II , the offender under Title IX for such similar crime is a private person. When a public officer conspires with a private person in the commission of any
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death. Art 48 on complex crimes does not govern In kidnapping , it is not only that of transporting one person from one place to another , the criminal intent must be established. FORCIBLE ABDUCTION- if a woman is transported from one place to another by virtue of her of her liberty and that act is coupled with lewd designs. In KIDNAPPING FOR RANSOM voluntary release will not mitigate the crime because this crime is penalized with the extreme penalty of death Ransom- it is the money, price or consideration paid or demanded for redemption of the victim/ payment in exchange of the liberty of the victim Arbitrary Detention Committed by a public officer or employee who detains a person without legal ground.

Note: When the victim is a female, the detention is punished under Art. 267. Voluntary release is not mitigating circumstance under Art. 267. UNLAWFUL ARREST Elements: 1) that the offender arrests or detains another person 2) that the purpose of the offender is to deliver him to the proper authorities. 3) that the arrest or detention is not authorized by law or there is no reasonable ground therefore. offender is any person, whether public officer or private individual. No period of detention is filed by law, but the motive of the offender is controlling Must be with intention to deliver detainee to proper authorities. Art. 269 Detention is not authorized by law Committed by making an arrest not authorized by law
Illegal Detention Committed by a private individual who unlawfully kidnaps, detains or otherwise deprives a person of liberty. Crime is against personal liberty and security
Crime against the fundamental law of the state.
SLIGHT ILLEGAL DETENTION Elements: 1) that the offender is private individual 2) that he kidnaps or detains another, or in any manner deprives him of his liberty 3) that the act of kidnapping or detention is illegal 4) that the crime is committed without the attendance of any of the circumstances enumerated in 267 The same liability is incurred by an accomplice who furnished the place for the perpetration of the crime
Art. 125 Detention is for some legal ground Crime is committed by failing to deliver such person to the proper judicial authority within a certain period of time even if the arrest be for a legal ground.
Privileged Mitigating Circumstances If the offender: a) voluntarily releases the person so kidnapped or detains within three days from the commencement of the detention b) without having attained the purpose intended c) before the institution of criminal proceedings against him.
KIDNAPPING AND FAILURE TO RETURN A MINOR Elements: 1. that the offender is entrusted with the custody of a minor person (over or under 7 but less than 21) 2. that he deliberately fails to restore the said minor to his parents or guardian. When committed by either parents, penalty is arrest to major or a fine not exceeding P300, or both Art 267 does not apply ; Art 270/ 271 applies. If any of the foregoing elements is absent , the kidnapping of the minor will then fall under Art. 267 If the taking is with the consent of the parents, the crime is committed under this article.
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INCLUDING A MINOR TO ABANDON HIS HOME Elements: 1. that minor (whether over or under 7 years of age) is living in the home of his parents or guardian or the person entrusted with his custody. 2. that the offender induces said minor to abandon such home. Inducement must be actual, committed with criminal intent and determined by a will to cause damage. Father or mother may commit crimes under Art. 270 and Art. 271 where they are living separately and the custody of their minor child having been given to one of them, the other parent of such minor child from the one having the lawful custody of said child or induces such minor to leave his home.

Elements: 1. 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. does not distinguish whether the victim is a minor or not. Art. 275: Abandonment of Persons in danger and Abandonment of ones own victim Punishable Acts: 1. failure to render assistance to any person whom the offender finds in an uninhabited place, wounded or in danger of dying when he can render such assistance without to himself, unless such omission shall constitute a more serious offense elements: 1. the place is not inhabited 2. the accused found there a person wounded or in danger of dying - it is immaterial that the offender did not know that the child is under 7 yrs. old 3. the accused can render assistance without detriment to himself 4. the accused failed to render assistance 2. failing to help/render assistance to another whom the offender has accidentally wounded or injured. 3. failing to deliver a child, under seven years whom the offender has found abandonment, to the authorities or to his family, by failing to state him to a safe place. - it is immaterial that the offender did not know that the child is under 7 yrs. old paragraph 2 of Art. 275 applies only when someone is accidentally injured by the accused Art. 276: Abandoning a Minor Elements: 1. that the offender custody of a child has the
SLAVERY Elements: 1. that the offender purchases, sells, kidnaps or detains a human being 2. that the purpose of the offender is to enslave such human being. If the purpose of the offender is to assign the offended party to some immoral traffic (prostitution), the penalty is higher. this is committed if anyone shall purchase, kidnap, or detain a human being for the purpose of enslaving him. the penalty is increased if the purpose of the offender is to assign the offended party to some immoral traffic the employment or custody of a minor with the consent of the parent or guardian although against the childs own will cannot be considered involuntary servitude. Art. 273: Exploitation of Child Labor Elements: 1. the offender retains a minor in his service 2. that it is against the will of the minor 3. that it is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian a person entrusted with the custody of such minor. Art. 274: Services Rendered Compulsion in Payment of Debt. Under
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2. that the child is under seven years 3. that he abandons such child 4. that he has no intent to kill the child when the latter is abandoned where there is intent to kill, this article does not apply.

Obligation to educate children terminates, if mother and children refuse without good reason to live with accused. Art. 278: Exploitation of Minors Acts Punished: 1. Causing any boy or girl under 16 to perform any dangerous feat of balancing, physical, or contortion, the offender being any person. 2. Employing children 16 who are not children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver or wild animal tamer, the offender being an acrobat, etc. or circus manager or engaged in a similar calling. 3. Employing any descendant under 12 years of age in dangerous exhibitions enumerates in the next preceding paragraph, the offender being engaged in any of the said calling. 4. Delivering a child under 16 gratuitously to any person in any of the callings enumerated, 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. 5. Inducing any child under 16 to abandon the home of its ascendants, guardians, curators or teachers to fallow any person engaged in any callings mentioned or to accompany any habitual vagrant or beggar, the offender being any person. Circumstance Qualifying the Offense If the offense is committed by means of violence or intimidation, the penalty is higher. Note: RA. 7610 punished abuse, exploitation and discrimination of minors. - the exploitation of minors must refer to act endangering the life or safety of the minor. the offender is engaged in a kind of business that would place the life or limb of the minor in danger, even though working for him is not against the will of the child.
Intent to kill cannot be presumed from the death of the child The ruling that the intent to kill is presumed from the death of the victim of the crime is applicable only to crimes against person, and not to crimes against security, particularly the crime of abandoning a minor. A permanent, conscious and deliberate abandonment is required in this article.
Circumstances Qualifying the Offense 1. When the death of the minor resulted from such abandonment 2. If the life of the minor was in danger because of the abandonment If the offender is the parent of the minor who is abandoned he shall be deprived of parental authority of Minor by his Custody;
Art. 277: Abandonment Person Entrusted with indifference of parents
Elements of the Abandonment of Minor: 1. That he delivers said minor to a public institution or other persons 2. 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. Elements Parents: of the Indifference of
1. That the offender is a parent 2. That he neglects his children by not giving them education 3. That his station in life requires such education and his financial condition permits it. 4. Failure to give education must be due to deliberate desire to evade such obligation
Art. 280: Qualified Trespass to Dwelling Elements:
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1. That the offender is a private person 2. That he enters the dwelling of another 3. That such entrance is against the latters will Circumstance qualifying the offense If the offense is committed by means of violence or intimidation, the penalty is higher. Dwelling includes room when occupied by another person

b) when the purpose of the offender in entering is to render some service to humanity or justice c) anyone who shall enter cafes, taverns, inns and other public houses while they are open. Art. 281: Other Forms of Trespass Elements: 1. That the offender enters the closed premises or the fenced estate of another. 2. That the entrance is made while either of them is uninhabited. 3. That the prohibition to enter be manifest. 4. That the trespasser has not secured the permission of the owner or the caretaker thereof. Premises defined - signifies distinct and definite locality. It may mean a room, shop, building or definite area, but in either case, locality is fixed. Entering a warehouse may be trespass under this article because the warehouse is a closed premise.
Dwelling defined any building or structure exclusively devoted for rest and comfort, as distinguished from places devoted to business, offices etc.
Absolutely Causes: 1) If the entrance to anothers dwelling is made for purpose of preventing some serious harm to himself, the occupants of the dwelling or third person; 2) If the purpose is to render some service to humanity or justice; and 3) If the place where entrance is made is a caf, tavern, inn and other public house, while the same are open. Prohibited is implied in entrance through the window Prohibited must be in existence prior to or at the time of entrance Prohibited, not necessary when violence or intimidation is employed by the offender. All trespassers, ordinarily have intention to commit another crime, but if there is no overt act of the crime intended to be committed the crime is only trespass to dwelling. Against The Will- means that the entrance is either expressly or impliedly prohibited or the prohibition is presumed. Fraudulent entrance may constitute trespass. The prohibition to enter may be made at any time and not necessarily at the time of the entrance Cases when Art 280 does not apply: a) when the purpose of the entrance is to prevent serious harm to himself, the occupant or third persons
Art. 280 Offender is a private person Offender enters a dwelling house Place entered is inhabited Act constituting the crime is entering the dwelling against the will of the owner
Prohibition enter express implied
to is or
Art. 281 Detention is not authorized by law Offender enters closed premises or fenced estate. Place enter is uninhabited It is entering the closed premises or the fenced estate without securing the permission on of the owner or care taker thereof. Prohibition to enter must be manifest.
P.D 772: Penalizes squatting and other similar acts
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Art. 282: Punishable Acts: 1. By threatening another with the infliction upon his person honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful, and the offender attained his purpose. 2. By taking such without the offender attaining his purpose. 3. By threatening another with the infliction upon this person, honor or property or that of his family of any wrong amounting to a crime, the threat is not being subject to a condition. Essence of the crime of threats is intimidation Qualifying Circumstances: if threat was made in writing or through a middleman The act threatened must be wrong The crime is consummated as soon as the threats come to the knowledge of the person threatened, not necessary that the offended party was present at the time the threats were made. Threats made in connection with commission of other crimes are absorbed by the latten; but if the threat was made with the deliberate purpose of creating in the mind of the person threatened the belief that the threat would be carried into effect, the crime is Grave Threats, and the minor crime which accompanied it should be disregarded. The offender in grave threats does not demand the delivery on the spot of the money or offer personal property asked by him, otherwise the crime is robbery with intimidation.

Element: 1. that the offender makes a threat to commit a wrong. 2. that the wrong does not constitute a crime. 3. that there is a demand for money or that other condition is imposed, even though not unlawful. 4. that the offender has or, has not attained his purpose light are committed in the same manner as grave threats, except that the act threatened to be committed should not be a crime. Blackmailing may be punished under Art. 283
Art 284: Band for Good Behavior Cases when a person is obliged to file the bond 1. When the threatens another under circumstances mentioned in 282 2. when the threatens another under circumstances mentioned under 283
Penalty to be imposed: if the offender attained his purpose, the penalty one degree lower of the penalty for the crime threatened to be committed shall be imposed if the threat is not subject to a condition, the penalty is fixed.
Art. 283: Light Threats

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Art. 35 bond to keep the peace not made applicable to any particular case Art. 284 bond for good behavior applicable only to cases of grave threats and light threats.

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Art. 285 Other light threats Prohibited Acts: 1. Threatening another with a weapon, or by inducing such weapon in a quarrel, unless it is in lawful self-defense. 2. Orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in his threat. 3. by orally threatening to do another any harm not constituting a felony. Other light threats can be committed even the person to whom it is directed is absent o Where the threats are directed to a person who is absent and uttered in a temporary fit of anger, the offense is only light threats. ROBBERY Intimidation is actual and immediate Intimidation is personal Refers to personal property There in intent to gain Imminent victim to the

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. In grave coercion, the act of preventing by force must be made at the time the offended party was doing or about to do the act to be prevented. If the act was already done when violence is exerted, the crime is unjust vexation. coercion is consummated even if the offended party did not accede to the purpose of the coercion. grave coercion arises only if the act which the offender prevented to do so is not prohibited by law or ordinance the violence employed must be immediate, actual or imminent. The essence of coercion is an attack on individual liberty
THREATS The intimidation is clear and conditional It maybe through an intermediary Refers to a person, honor or property Gain is not an essential element The danger to the victim is not instant
ART 286: Grave Coercions: Two ways of committing Grave Coercions: 1. By preventing another, by means of violence, threats or intimidation, from doing something not prohibited by law . 3. By compelling another, by means of violence, threats or intimidation, to do something against his Will, whether it be right or wrong. Elements: 1. that a person presented another from doing something not prohibited by law, or that he compelled him to do something against his will, be it right or wrong. 2. that the prevention or compulsion be effected by violence, threats or intimidation; and 3. that the person that restrained the will and liberty of another had not the authority of law or
Art. 287: Light Coercion Elements: 1. that the offender must be a creditor 2. that he seizes anything belonging to his debtor 3. that the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation. 4. that the purpose of the offender is to apply the same to the payment of the debt. If there is no violence employed, the act is punishable under paragraph 2 of article 287 Unjust includes any human conducts which although not productive of some physical or material would, however, unjustly annoy or vex an innocent person. kissing a girl, without performing acts of lasciviousness, is unjust vexation. There is no violence or intimidation in unjust vexation
Art
288: Other similar coercions (compulsory purchase of merchandise and payment of wages by means of tokens) Punishable Acts:
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1. forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind from him. 2. paying the wages due his laborer or employee by means of tokens or objects other that the legal tender currency of the Phil., unless expressly requested by such laborer or employee. Elements of Act. No. 1 a) that the offender is any person, agents or officer of any association or corporation. b) That he or such firm or corporation has employed laborers or employees. c) 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 of commodities of any kind from him or from said firm or corporation Elements of Act. No. 2 a) That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects. b) That these tokens or objects one other than the legal tender currency of the Philippines. c) That such employee or laborer does not expressly request that he be paid by means of tokens or objects. Art 289: Formation, maintenance, and prohibition of combination of capital or labor through violence or threats. Elements: 1) 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 employers. The act should mot be a more pervious offense Peaceful picketing, not prohibited

Peaceful picketing is part of freedom of speech and therefore, cannot be prohibited Employing violence or making threat by piketers may make them liable for coercion. Preventing employee from joining any registered labor organization is punished under the labor code, not under the revised penal code o
Art. 290: Discovering secrets through of correspondence Elements: 1. that the offender is a private individual or even a public officer not in the exercise of his official function. 2. that the seizes the papers of letters of another 3. that the purpose is to discover the secrets of such another person 4. that offender is informed of the contents of the papers of letters seized. This article does not require that the offended party be prejudiced. Circumstance qualifying the offense: o When the offender reveals the contents of such paper or letters of another to a third person, the penalty is higher. *this article is inapplicable to: a) parents b) guardians c) or persons entrusted with the custody of minors under their care d) spouse e) teachers or other persons entrusted with the care and education of the minor
Art 291: Revealing secrets with abuse of Office Elements: 1. that the offender is a manager, employee or servant
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2. that the learns the secrets of is principal of master in such capacity. 3. that he reveals such secrets. the secret must have come to their knowledge by reason of their office or position. Damage is not necessary

of value which has been the subject of robbery thievery shall be prime facie evidence of fencing. Clearance/Permit to sell used Secondhand Articles For purpose of this act, all stores, establishments or entities dealing in the buy and sell of any good, article, item, objects or anything of value obtained from an unlicensed dealer or supplier theory, shall before offering the same for sale to the public, secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store, establishment or entity is located. Any person who fails to secure the clearance or permit requires by this section or who violates any of the rules and regulations promulgated hereunder shall upon conviction be punished as Fence.
Art. 292: Revelation of Industrial Secrets Elements: 1. That the offender is a person in charge, employee or workman of a manufacturing or industrial establishment. 2. That the manufacturing or industrial establishment has a secret of the industry which the offender has learned. 3. That the offender reveals such secrets. 4. That prejudice is caused to the owner. - Secrets must relate to manufacturing processes - The revelation of the secret might be made after the employee or workman had ceased to be connected with the establishment. - Prejudice is an element of the offense. Anti Fencing Law (P.D. 1612) Fencing = is that act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft. Fence = includes any person, firm, association, corporation, or partnership or other organization who/which commits the act of fencing. Liability of Officials of Juridical Persons If the fence is a partnership, firm, corporation, or association, the president or the manager or any officer thereof who knows or should have known the commission of the offense shall be liable. Presumption of Fencing Mere possession of any good, article, item, object, or anything
CRIMES AGAINST PROPERTY

ROBBERY IN GENERAL ROBBERY, Defined: Robbery is the taking of personal property belonging to another, with intent to gain, by means of violence against, or intimidation of any person, or using force upon anything, shall be guilty of robbery. CLASSIFICATION OF ROBBERY: 1. Robbery with violence against, or intimidation of persons. (Articles 294,297 and 298) 2. Robbery by the use of force upon things. (Articles 299 and 302) ELEMENTS OF ROBBERY IN GENERAL a. That there be of (1)personal property (2) belonging to another; b. That there is (3) unlawful taking of the property; c. That the taking must be (4) with intent to gain;
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d. That there is (5) violence against or intimidation of any person or force upon anythings. In the commission of the crime of robbery, it is not necessary that the person for whom the property is taken by means of threats and violence, shall be the owner thereof. It is sufficient if the property is taken from him by such means, for the purpose of gain, on the part of the person appropriating it. Even the owner of the property may be guilty of robbery when, for a instance he takes it from the possession of a bailee, with the intent to charge the bailee with its value. I. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

applies only when a complex crime is not punished with a specific penalty. ROBBERY WITH HOMICIDE The form HOMICIDE is used in the generic sense and the complex crime there in contemplated comprehends not only robbery with homicide in its restricted sense but also with robbery with murder. Any and all forms of killing (murder, parricide, infanticide) is referred to as HOMICIDE. As long as there is only one (1) robbery, regardless of the persons killed, the crime will only be one count of robbery with homicide. The fact that there multiple killings committed in the course of the robbery will be considered only as AGGRAVATING so as to call for the imposition of the maximum penalty prescribed by law. If somebody is killed and physical injuries are also inflicted by reason or on the occasion of the robbery, the physical injuries inflicted are only considered AGGRAVATING CIRCUMSTANCES in the crime of robbery with homicide. If in the course of the robbery another robber is killed by his companion, the crime committed is still robbery with homicide. The law does not require that the person killed is the owner of the property taken. The same is true even if the person killed was an innocent bystander and not the person robbed. When homicide is not proved, the crime is only robbery. ROBBERY WITH RAPE This is usually committed when, while some robbers are ransacking for personal property in the house, the other is raping a woman in the same house. If is not necessary that the rape be committed prior to our simultaneously with the robbery. For the law says, in the definition of the crime, that when the robbery is accompanied by rape on mutilation, etc. N.B. If the rape is committed against a woman in a house other than that the robbery is committed, the rape should be considered a separate offense.
Kinds of Robbery with violence against or intimidation of persons: 1. When by reason of robbery or on occasion of the robbery homicide shall have been committed; or when robbery is accompanied by rape or intentional mutilation or arson. 2. When or by reason or on occasion of such robbery serious physical injuries penalized in subdivision 1 of Article 2003 shall have been inflicted. 3. When by reason on occasion of such robbery serious physical injuries penalized in subdivision 2 of Article 263 shall have been inflicted. 4. If the violence or intimidation employed shall have been carried to a degree unnecessary for the commission of the crime, or when in the course of its execution, the offender inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 or Article 263. 5. Other cases of violence or intimidation The phrases on the occasion and by reason of the robbery mean that the homicide, rape a serious physical injuries defined in paragraphs 1 and 2 of Article 263 must be committed in the course or because of the robbery. Robbery is a complex crime because there one penalty prescribed, even if two crimes are committed. Article 48
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There is no such crime as robbery with attempted rape, because a robbery cannot be a necessary means to commit attempted rape; nor attempted rape, to commit robbery. Both crimes cannot be the result of a SINGLE ACT. The rape must be consummated. If rape was the primary objective of the occurred, and his taking of the jewels of the victim was NOT WITH INTENT TO GAIN but just to have some tokens of her supposed consent to the coition, the accused committed two district crimes of rape and unjust vexation. If the woman raped pardoned or married the robber, the crime remains robbery with rape. The rape is not erased, because the crime is robbery which is a crime against property. ROBBERY INJURIES WITH PHYSICAL

ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS IS QUALIFIED WHEN: If any of the offenses defined in subdivisions 3, 4 and t of Article 294 is committed 1. in an uninhabited place, or 2. by a band; 3. by attacking a moving train, street car, motor vehicle, or airship, or 4. by entering the passengers compartments in a train, or in any manner taking the passengers there of by surprise in the respective conveyances, or 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 maximum periods of the proper penalties prescribed in Article 294. any of these five (5) QUALIFYING CIRCUMSTANCES of robbery with physical injuries or intimidation most be alleged in the information and proved during the trial. It cannot be offset by GENERIC MITIGATING CIRCUMSTANCES. The qualifying circumstances does not apply with Robbery with Homicide, Rape or with Serious Physical Injuries under subdivision 1 of Article 263. If said circumstances are present, they are only GENERIC AGGRAVATING CIRCUMSTANCES. BAND, Defined. When at least four (4) armed malefactors take part in the commission of a robbery, it is denied committed by a band. When any of the arms used in the commission of, The robbery is not licensed, The penalty upon all the malefactors shall be the maximum of the corresponding penalty provided by law, without prejudice to the criminal liability for illegal possession of such firearms. Any number of the band who was present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it is shown that he attempted to prevent the same. But when there is CONSPIRACY to commit homicide and robbery, all the conspiration, even if less than four armed men, are liable for the special complex
If an the occasion of the robbery, one of the offenders inflicted upon another robber physical injuries, there is no crimes of robbery with physical injuries because the wording of the law says UPON ANY PERSON NOT RESPONSIBLE FOR ITS COMMISSION. However, if the physical injuries inflicted are those falling under subdivision 1 and 2 of Article 263, even though the physical injuries were inflicted upon one of the robbers themselves, and even though it had been inflicted after the robbery was already consummated, the crime will still be robbery with serious physical injuries. There will only be one count of accusation. The physical injuries must always be serious. If they are only LESS SERIOUS OR SLIGHT. They are absorbed in the robbery. The crime becomes morely robbery. But if the less serious physical injuries are committed after the robbery was already consummated, there will be a separate charge for less serious physical injuries.
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crime of robbery with homicide, rape, etc. Article 297 provides, that whether the robbery is attempted or frustrated, The penalty is still the same. However, in an attempted or frustrated robbery, The killing of the victim is qualified by treachery or relationship, The proper penalty for murder or parricide shall be imposed because it is more severe. Robbery with Homicide and/or Attempted or Frustrated Robbery with homicide are SPECIAL COMPLEX CRIME not governed by Article 48, but by the special provisions of Articles 297, respectively. However, when the offense committed is attempted or frustrated robbery with serious physical injuries, Article 48 is applicable. EXECUTION OF DEEDS BY VIOLENCE OF INTIMIDATION ELEMENTS: 1. That the offender has intent to defraud another. 2. That the offender compels him to sign, execute, or deliver any public instrument or document. 3. That the compulsion is by means of violence or intimidation. The document need not be PUBLIC. The Spanish test of this article says ESCRITURA PUBLICA O DOCUMENTO. The adjective PUBLIC must therefore describe the word INSTRUMENT only. Hence, delivered is a private or commercial paper. not applicable document is VOID. if the MEANS OF

1. By mere entering alone, a robbery will be committed if any personal property is taken from within. 2. The entering will not give rise to robbery even if something is taken inside. Its the breaking of the receptacle or closet or cabinet where the personal property is kept that will give rise to robbery. UNDER THE FIRST ELEMENTS ARE: PREDICATE THE
1. That the offender entered (a) an inhabited house, or (b) public building, or (c) edifice devoted to religious worship. 2. That the entrance was effected by any of the following means: a. Through an opening not intended for entrance or egress; b. By breaking any wall, roof, or floor or breaking any door or window; c. By using false keys, picklocks or similar tools; or d. By using any fictitious name or pretending the exercise of public authority. 3. That once inside the building, the offender took personal property belonging to another with intent to gain. The offender must ENTER house or building in which the robbery is committed. There must be evidence or the facts must show that the accused entered the dwelling, house or building by any of the means enumerated. Thus, if the offender merely inserted his hard through an opening in the wall or used a pole through the window to get the clothes inside the room, while the offender remained outside the house or building, the crime committed is THEFT, not ROBBERY. If the entering was done through the window, even if the window is not broken, that would characterize the taking of personal property inside as robbery, because the window is not an opening intended for entrance. Ordinarily, the interpretation was that in order that there be a breaking of the door in contemplation of law, there must be save damage. If the door was not damaged but only the lack attached to the door was broken, the taking from within is only THEFT. BUT THE RULING IS NOW ABANDONED BECAUSE THE DOOR IS CONSIDERED USELESS WITHOUT THE LOCK.
II. ROBBERY BY THE USE OF FORCE UPON THINGS The force upon things contemplated requires some element of trespass into the establishment where the robbery was committed. The offender must have _____ the premises when the robbery was committed. If no entry was effected even through force may have been employed actually in the taking of the property from within the premises, the crime will only be THEFT. TWO (2) PREDICATES THAT WILL GIVE RISE TO THE CRIME AS ROBBERY:
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Of the picklock of false key was used not to enter the premises because the offender had already entered but was used to un-luck an interior door or even a receptacle where the valuable or personal belonging was taken, the use of false keys or pick lock will not give rise to by robbery with force upon thing sentrance, and not to extract personal belongings from the place where it is biro kept.

UNDER THE SECOND ELEMENTS ARE:
PREDICATE,
THE
b. A wall, roof, floor, or outside door or window was broken; c. The entrance was effected through the use of false keys, picklocks or other similar tools; d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken; or e. A closed or sealed receptacle was removed, even if the same be broken open elsewhere. 3. That with intent to gain, the offender took therefrom personal property belonging to another. The use of fictitious name or pretending the exercise of public authority is not a means of entering the building under this article, because the place uninhabited and 20 no problem could be deceived. Thereby.
1. That the offender is inside a dwelling house, publick building or edifince development to religious workship regardless ok the circumstansces: 2. That he offend personal property belonging to another, with the initial to gain, under any other following; a. by the breaking of doors wardrobe, changes, or any my other kind of locked or sealed furniture or receptacle; or b. by taking much furniture or objects way to be broken as forced open the pace of the group. DISTINCTION BETWEEN THE TWO (2003)CLASSES OF ROBERRYPLSEASE AND BY INTIMIDATION OF PERSONS MUST BE COMMITED IN AN UNINBA (HEATER) ROBBERY WITH FORCE UPON THINGS (299), in order to be qualified, must be committed in an UNINHABITED PLACE and BY INTIMIDATION OF PERSONS must be committed in an (1.)UNINHABITED PLACE or (2) BY A BAND (Art. 295) DEPENDENCIES, Defined: Are all interior courts, corrals, warehouses, granaries or inclosed places contiguous to the building or edifice, having an interior entrance connected therewith, and which form part of the whole. ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING ELEMENTS: 1. That the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifies devoted to religious worship. 2. That any of the following circumstances was present: a. The entrance was effected through an opening not intended for entrance or egress;
ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING: When the robbery described in Articles 299and 302 consists in the taking of cereals, fruit, or firewood. The penalty next loaner mi degree than that prescribed in said articles shall be imposed ILLEGAL POSSESSION OF PICKLOCKS OF SIMILAR ELEMENTS: 1. That the offender has in his possession pick/labels on similar tools. 2. That they are especially adopted 3. That the offender does not have lawful cause for such possession. 4. It is not necessary that they actually used to commit flattered. CHAPTER II BRIGANDAGE THERE IS BRIGANDAGE WHEN: 1. There be at least four (4) armed person. 2. They formed a band of robbers. 3. The purpose is any or the following: a. To commit robbery in the highway; or b. To kidnap persons for the purpose of extortion or to obtain ransom; or c. To attain by means of force and violence ay other purpose. The existence of any of the purposes mentioned is sufficient. It would not be necessary to show in a prosecution under this article that a member or members of the band actually committed highway robbery, etc., in order to convict them, because the main
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object of law is to prevent formation of band of robbers. AIDING AND BRIGANDS ABETTING A BAND OF

ELEMENTS: 1. That, there is a band of brigands. 2. That the offender knows the land to be brigands. 3. That the offender does any of the following acts: a. He is any manner aids, abets or protects such band of brigands; b. He gives information of the police or other please qualification. c. He acquires or receives often property taken by finish brigands. PRESUMPSION: It shall be pressured that the poem per burning and of the acts provided has performed them, knowingly. Unless the contrary us problem CHAPTER III THEFT THEFT, Defined: Theft is committed by any person, who intent to gain but without violence against or intimidation of a persons nor force upon things, shall take personal property of another without the latters consent. PERSONS LIABLE FOR THEFT: 1. Those who, (a) with intent to gain, (b) but without violence against or intimidation of persons nor force upon things, (c)take (d) personal property (e) of another (f) without the latters consent. 2. Those who, (a) having found lost property, (b) fail to deliver the same to the local authorities or to its owner. 3. Those who, (a) after having maliciously damaged the property of another, (b) remove or make use of the fruits or objects of the damage caused by them. 4. Those who (a) enter an inclosed estate or a field where (b)trespass is forbidden or which belongs to another and, without the consent of its owner, (c) hunt or fish upon the same or gather fruits, cereals or other forest or farm products. ELEMENTS OF THEFT: 1. That there be taking of personal property. 2. That said property belongs to another. 3. That the taking be done with intent to gain.
4. That the taking be done without the consent of the owner. 5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things. (U.S. vs. De Vera, 43 Phil. 1000; People vs. Yusay, 50 Phil. 598) BASIS OF PENALTY ARE THE FF: 1. The value of the things stolen; 2. The value and also the nature of the property taken; or 3. The circumstances or causes that impelled the culprit to commit the crime. Theft is consummated when the offender/s were able to take possession of the thing taken by them. It is not an indispensable element of Theft that the thief carry, more or less away, the thing token by him from its owner. The taking is considered complete only when the offender is able to place the thing taken under his control and in such a situation as he could dispose of it at once. On other cases, it was held that asportation is complete from the moment the offender had full possession of the thing, even if he did not have an opportunity to dispose of the same. Intent to gain is presumed from the unlawful taking of personal property belonging to another. It is not necessary that there was real or actual gain in the part of the offender or that he removed the stolen animals in order to make use of or device some benefit from them. It is enough that on taking them, he was then actuated by the desire or intent to gain.
PRESUMPTION(DOCRTINE OF POSSESSION) when a person has in his possession, part of the recently stolen property, he is pressured to be the thief of all, in the absence of satisfactory explanation of his possession. FINDER OF LOST PROPERTY, Things to be considered/proved: 1. The time of seizure of the thing; 2. That he accused having the opportunity to return or deliver the lost property to its owner or to the local authorities, refrained from doing so. Intent to gain is inferred, from the deliberate failure to deliver
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the lost property to the proper person, the finder knowing that the property does not belong to him. HUNTING, FISHING, OR GATHERING FRUITS, etc., IN ENCLOSED ESTATE: ELEMENTS: 1. That there is an enclosed estate or a field where trespass is forbidden or which belongs to another; 2. That he offender enters the same; 3. That the offender hunts or fishes upon the same or gathers fruits, cereals or other forest or farm products in the estate or field; and 4. That the hunting or fishing or gathering of products is without the consent of the owner. THEFT IS QUALIFIED IF: 1. If the theft is committed by a domestic servant. 2. If the theft is committed with grave abuse of confidence. 3. If the property stolen is a (a) motor vehicle, (b) mail matter, or (c) large cattle. 4. If the property stolen consists of coconuts taken from the premises of a plantation. 5. If the property stolen is fish taken from a fishpond or fishery. 6. If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity vehicular accident or civil disturbance. It is not necessary that the domestic servant committed the crime with grave abuse of authority. That there not be allegation in the information the proof of relation by reason of dependence, guardianship or vigilance, between the accused and the offended parts, that has created a high degree of confidence between then, which the accused abused. CHAPTER V USURPATION OCCUPATION USURPATION PROPERTY OF REAL PROPERTY OF REAL RIGHTS OR IN b. c.

2. By usurping any real rights in property to another by means of violence against or intimidation of persons. ELEMENTS: a. That the offender takes possession of any real property or usurpas any real rights in property. That the real property or real rights belong to another. That violence against or intimidation of persons is used by the offender in occupying real property or usurping real rights in property. That there is intent to gain. Criminal action for asurpation or real property is not a far for the filing of civil action for FORCIBLE ENTRY. ALTERING BOUNDARIES OF LANDMARKS ELEMENTS: 1. That there be boundary marks or monuments of towns provinces, or states, or any other marks intended to designate the boundaries of the same. 2. That eh offender alters said boundary marks. Intent to gain is not necessary. Mere alteration is punishable.
d.
CHAPTER V CULPABLE INSOLVENCY CULPABLE INSOVENCY ELEMENTS: 1. That the offender is a debtor; that is, he has obligation due and payable. 2. That he absconds with his property, real or personal. 3. That there be prejudice to his auditors. Fraudulent concealment of property is not sufficient in the debtor has some other property/ies with which to satisfy his obligation. CHAPTER VI SWINDLING AND OTHER DECEITS ELEMENTS OF ESTAFA IN GENERAL:
ACTS PUNISHABLE: 1. By taking possession of any real property belonging to another by means of violence against or intimidation of persons.
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1. That the accused defrauded another (a) by abuse of confidence, or (b) by means of deceit; and 2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. It is necessary that the damage or prejudice be capable of pecuniary estimation, because the amount or damage or prejudice is the basis of the penalty of estafa. THE FIRST ELEMENT COVERS THE TREE DIFFERENT WAYS OF COMMITTING ESTAFA UNDER ARTICLE 315, NAMELY: 1. with unfaithfulness or abuse confidence; 2. by means of false pretenses fraudulent acts; or 3. through fraudulent means. ELEMENTS OF UNFAITHFULNESS: ESTAFA of or

property by the offender, or denial on his part of such receipt; 3. That such misappropriation or conversion or denial is the prejudice of another; and 4. That there is a demand made by the offended party to the offender. JUDICIAL POSSESSION, Defined; Means a possession which gives the transfer a right over the thing which the transferee set up even against the owner. THREE (3) WAYS OF COMMITTING ESTAFA WITH ABUSE OF CONFIDENCE: 1. By misappropriating the thing received. means to own; to take something for ones own benefit. 2. By converting the thing received. The act of using or disposing of anothers property as if it were ones own. Devoting the property to a purpose or use different from that agreed upon. 3. By denying that the thing was received. This is the kind of estafa under Article 315, where DEMAND may be required, because in estafa with abuse of confidence, the offender receives the thing from the offended party under a lawful transaction, unlike in estafa in by means of deceit, demand is not necessary, because the offender obtains delivery of the thing wrongfully from the beginning. DEMAND is not required by law; but it is necessary because failure to account, upon demand, is circumstantial evidence of misappropriation. It must be to the prejudice of the offended party to the prejudice of another not necessarily of the owner of the property. There is not estafa through NEGLIGENCE. ELEMENT OF ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE IN BLANK: 1. That the paper with the signature of the offended party be in blank. 2. That the offended party should have delivered it to the offender. 3. That above the signature of the offended party a document is written
WITH
1. That the offender has an onerous obligation to deliver something of value. 2. That he alters his substances, quantity or quality. 3. That damage or prejudice is caused to another. ILLUSTRATION: Altering the Substances Pedro sold 500 tin cans of condensed milk to Juan, when they were delivered, 200 cans contained evaporated milk. ILLUSTRATION: Altering the Quantity Pedro who, after having agreed to the sale of 500 cans of milk, and having received the payment thereof, delivers to Juan 450 can only. ILLUSTRATION: Altering the Quality Pedro agreed to sell to Juan imported condensed milk and received from Juan the purchase price thereof. But when they were delivered to Juan, it was found to be locally made. The damage consists in the difference in the value of the milk. ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE: 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
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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. ELEMENTS DECEIT: OF ESTAFA BY MEANS OF

3. That the offender should have executed an act of ownership (selling, leasing, encumbering or mortgaging in the real property) 4. That the act be made to the prejudice of the owner or a third person. The real property must be existing, if not, the offense is estafa by means of false pretense under paragraph 2(a) of Article 315. PARAGRAPH 2 ELEMENTS: 1. That the thing disposed of be real property. 2. That the offender knew that the real property was encumbered, whether the encumbrance is recorded or not. 3. That there must be express representation by the offender that the real property is free from encumbrance. 4. That the act of disposing of the real property be made to the damage of another. ENCUMBRANCE, Defined: Includes every right or interest in the land which exist in favor of third person/s. The offender must know that the real property is encumbered. An enforceable verbal agreement, previously made, to mortgage. The real property as a security for a loan is an encumbrance on the property, because a promise to mortgage is not an encumbrance.
a. That there must be a false pretense, fraudulent act or fraudulent means. b. That such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud. c. 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. d. That as a result thereof, the offended part suffered damage. ESTAFA ACTS: BY MEANS OF FRAUDULENT
The acts must be characterized by or founded on deceit, trick or cheat. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENT: 1. That the offender induced the offended party to sign a document; 2. That deceit be employed to make him sign the document; 3. That the offended party personally signed the document. 4. That prejudice be caused. The offender must induce the offender party to sign the document. If the offended party is WILLING and READY from the beginning to sign the document and there is deceit as to the character or contents of the document, because the content are different from those which the offended part told the accused to state in the document, the crime is FALSIFICATION. OTHER FORMS OF SWINDLING PARAGRAPH 1 ELEMENTS: 1. That the thing be immovable, such as a parcel of land or a building. 2. That he offender who is not the owner of said property should represent that he is the owner thereof.
PARAGRAPH 3 ELEMENTS: 1. That the offender is the owner of personal property. 2. That said personal property is in the lawful possession of another. 3. That the offender wrongfully takes it from its lawful possessor. 4. That prejudice is thereby caused to the possessor or third person. The offender must be the owner of the personal property. If he is a third person and his purpose in taking it is to return it to the owner, it is THEFT, since the abstracting was made with the intent that another might profit thereby.
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PARAGRAPH 4 By executing any fictitious contract to the prejudice of another. The crime of estafa by executing a fictitious contract to the prejudice of another may be illustrated in the case of a person who SIMULATES a conveyance of his property to another, for the purpose of defrauding his creditors. If the conveyance is real and made for a consideration and not simulated, to prejudice a creditor, the case would be FRAUDULENT INSOLVENCY. PARAGRAPH 5 The crime in this paragraph consists in accepting any compensation given the accused who did not render the service or perform the labor for which payment was made. But this kind of estafa requires fraud as an important element. If there is no fraud, it becomes payment not owing, known as solution indebiti under the Civil Code, with civil obligation to return the wrong payment. It will seem that what constitutes estafa under this paragraph is the malicious failure to return the compensation wrongfully received. If the money in payment of a debt was delivered to a wrong person, Art. 316, par.5, is not applicable, in case the person who received it later refused or failed to return it to the owner of the money, Art. 315, subdivision 1 (b), is applicable. PARAGRAPH 6 By selling, mortgaging or encumbering real properties with which the offender guaranteed the fulfillment of his obligation as surety. ELEMENTS: 1. That the offender is a surety in a bond given in a criminal or civil action. 2. That he guaranteed the fulfillment of such obligation with his real property or properties. 3. That he self, mortgages, or, in my other manner encumbers said real property. 4. That such sale, mortgage, or encumbrance is (a) without express authority from the court, or (b)made before the cancellation of his bond, or (c)before being relieved from the obligation contracted by him. SWINDLING A MINOR ELEMENTS:

1. That the offender takes advantage of the inexperience or emotions or feeling of a minor. 2. That he induces such minor (1) to assume an obligation, or (2) to give release, or (3) to execute a transfer of any property right. 3. That the consideration is (1) some loan of money, (2)credit or (3)other personal property. 4. That the transaction is to the detriment of such minor. Real property is not induced because it cannot be made to disappear, since a minor cannot convey real property without judicial authority. OTHER DECEITS ARE: 1. By defrauding or damaging another by any other deceit not mentioned in the preceding articles. 2. By interpreting dreams, by making forecasts, by telling fortune, or by taking advantage of the credibility of the public in any other similar manner, for profit or gain. CHAPTER VII CHATTEL MORTGAGE ACTS PUNISHABLE: 1. By knowingly removing any personal property mortgaged under the Chattel Mortgage Law to any proving or city other than the one in which it was located at the time of execution of the mortgage, without the written consent of the mortgages or his executors, administrators or assigns. 2. By selling or pledging personal property already pledged, or any part thereof, under the terms of the Chattel Mortgage Law, without the 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 of the province where such property is located. It is essential that there be a valid and subsisting chattel mortgage. If the chattel mortgage does not contain an affidavit of good faith and is not registered, it is void and cannot be the basis of a criminal prosecution under Art. 319. The offender can be any person who shall knowingly remove the mortgaged personal property to another province or city without the
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WRITTEN CONSENT of the mortgage. Article 2140 of the NCC makes it indispensable that the document REGISTERED. If the chattel mortgage is not registered, there is no violation of Article 139.

4. Causing damage to the property of the National Museum, National Library, or to any achieve or registry, waterworks, road, promenade, or any other thing and in common by the public. DAMAGE AND OBSTRUCTION TO MEAN S OF COMMUNICATION It is committed by damaging any railway, telegraph or telephone lines. If the damage shall result in any derailment of cars, collision and other accidents, a higher penalty shall be imposed. CHAPTER X EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY PERSONS EXEMPT: 1. Spouses, ascendants and descendants, or relatives by affinity in the same line; 2. The windowed spouse with respect to the property which belonged to the deceased spouse before the same shall passed into the possession or another; and 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together. The exemption established shall not be applicable to strangers participating into the commission of the crime. CRIMES INVOLVED: 1. Theft 2. Swindling (Estafa) 3. Malicious Mischief No criminal; but only CIVIL LIABILITY shall result from the commission of any said crimes, committed or caused mutually by those persons. Stepfather, adapted father, natural children, concubine and paramour are INCLUDED. stepfather and stepmother are included as a ascendants by affinity. An adopted or natural child are included in the form relatives. Concubine a paramour within the form spouse.
CHAPTER VIII ARSON AND OTHER CRIMES INVOLVING DESTRUCTION ATTEMPTED ARSON When the offender is about to set fire to the rag full of gasoline beside, the building, he is discovered by another who chases him away. CONSUMMATED ARSON If the fire had burned part of the building. It is not necessary that the wood should be ablaze, were charring of the wood is sufficient. CHAPTER IX MALICIOUS MISCHIEF MALICIUOS MISCHIEF ELEMENTS: 1. That the offender deliberately caused damage to the property of another. 2. That such act does not constitute arson or other crimes involving destruction. 3. That act of damaging anothers property be committed merely for the sake of damaging it. It cannot be committed through NEGLIGENCE. The offender should act under the impulse of a specific desire to inflict injury to another. If there is no malice in causing the damage< the obligation to repair or pay for damages is only civil. SPECIAL CAUSES OF MALICIOUS MISCHIEF or QUALIFIED MALICIOUS MISCHIEF: 1. Causing damage to obstruct the performance of public functions. 2. Using any poisonous or corrosive substance. 3. Spreading any infection or contagion among cattle.
TO BE EXCEPT FROM CRIMINAL LIABILITY, THE WIDOWED SPOUSE WHO COMMITS THEFT,
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ESTAFA OR MALICIOUS REQUIRED THAT: MISCHIEF, IT IS

1. The property belongs to the deceased spouse; and 2. It has not passed into the possession of a third person.
CRIMES AGAINST CHASTITY ADULTERY Committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void. Will the doctrine of pari delicto applicable in adultery? In the Guinucud case where the husband agreed with the wife that they live separately and free to marry other persons, the husband cannot file a complaint against his wife for having adulterous relationship. The concept of pari delicto is not present in the Revised Penal Code but only in Art.1411 of the Civil Code. CONCUBINAGE Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place. ADULTERY - A single act of sexual intercourse by a married woman is enough. CONCUBINAGE Prove the ffg: - husband keeping the mistress in the conjugal dwelling, or - by having sexual intercourse, under scandalous circumstances with a woman who is not his wife; - by cohabiting with her in any other place. - complaint from the offended spouse is necessary.
Elements: 1. offended party is a virgin, which is presumed if she is unmarried and of good reputation; 2. that she must be over 12 and under 18 years of age; 3. that the offender had sexual intercourse with her, and 4. that there is abuse of authority, confidence, or relationship on the part of the offender. Simple Seduction QUALIFIED SEDUCTION - the woman is virgin (morally) - offender is any person in public authority, priest, house servant, domestic, guardian, teacher or any person entrusted with the education of custody of the woman seduced. - when the offender is the brother or an ascendant, the victim may be over 18, the age and reputation of the girl is not material. SIMPLE SEDUCTION - the woman is single, widow of good reputation. - offender may be any person.
- the victim is always over 12 but under 18.
- a woman may no longer be a virgin or a widow and deceit employed is the very factor that persuaded the woman to yield. RAPE - the age is less than 12 (statutory), or if 12 but less than 18, there is force and intimidation, or the girl may or may not be a virgin. Virginityis not physical but moral, i.e., that the woman does not have sexual experience. Corruption of Minors committed where a minor is used to satisfy the lust of another and not the corruptors own lust. SEDUCTION -the girl maybe more than 12 but less than 18 and the crime is by means of cajolery. In qualified seduction: the girl must be a virgin.
-Complaint from the offended spouse is necessary. - each act of sexual intercourse is a single count of adultery.
Acts of Lasciviousness Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances under rape i.e. without consent. Qualified Seduction
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White Slave Trade Engaging in any manner, or under any pretext, shall engage in the business or shall profit by prostitution or shall enlist the services of any other person for the purpose of prostitution. In relation to RA 7160-Child Abuse Law the ffg. are punishable; 1. Promote, facilitate or induce child prostitution which include, but are not limited to the following: a. acting as procurer of a child prostitute; b. Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; c. Taking advantage of influence or relationship to procure a child as prostitute; d. Threatening or using violence towards a child to engage him as a prostitute; e. Giving monetary consideration, goods or other pecuniary benefit to a child with the intent to engage such child in prostitution. 2. Those commit act of sexual intercourse or lascivious conduct with a child exploited in prostitution; 3. Those who derive profit or advantage therefrom; 4. Attempt to commit child prostitution. Forcible abduction Abduction of any woman against her will with lewd designs. Elements Forcible Abduction with Rape: 1. that the person abducted is any woman, regardless of her age, civil status or reputation; 2. that the abduction is against her will; and 3. that the abduction is with lewd design. lewd design- obscene, lustful, lascivious, lecherous. It signifies that form of immorality which has relation to moral impurity, one carried in a wanton manner. Where the girl is under 12, the crime is always forcible abduction with or without the consent of the child. The law presumes that the abduction is against her will. Sexual intercourse is not an element of abduction, it is enough that that the woman is taken against her will with lewd designs. Only when the rape is consummated can the complex crime of forcible abduction with rape be committed or if the taking of the woman amounts to

forcible abduction and thereafter she was abused. CONSENTED ABDUCTION - the gravamen of the crime is the alarm and disturbance to the parents and the family of the victim and the infringement of their rights. SEDUCTION - the gravamen of the offense is the wrong done to the woman.
When should pardon be given by the offended party? To be effective, pardon must be given before the prosecution of the crime. What are the effects of pardon by the offended party? It does not extinguish criminal liability. An exception would be marriage under the antirape law. The civil liability shall be extinguished by express waiver of the offended. In rape cases the pardon must be granted not only by the parents of the offended but also the offended herself.
Title Twelve Crimes against Civil State of Persons

Simulation of births, substitution of one child for another, and concealment or abandonment of a legitimate child. Acts Punished under Art. 347 1. Simulation of births 2. Substitution of one child for another 3. Concealing or abandoning any legitimate child with intend to cause such child to lose into civil states. Object of the crime under Art. 347 is the creation of false or causing of the loss of civil states.
Simulation of Birth Takes place when the women pretends to be pregnant when in fact she is not
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and on the day of the supposed delivery takes the child of another as her own. The simulation which is a crime is that which alters the civil status of a person. Fact that the child will be benefited by the simulation of its birth is not a defense.

3. that he contracts a second marriage or subsequent marriage. 4. that the second or subsequent marriage has all the essential requisites for validity. Nullity of first marriage, not a defense in bigamy charge
Concealing or abandoning any legitimate child Requisites: 2. The child must be legitimate 3. The offender conceals or abandons such child, and 4. The offender has the intent to cause such child to lose its civil status. Abandonment of a child should be understood under Art. 347 as leaving the child a public place where other people may find it, and causing the child lose it civil status. Concealing a legitimate child before the purpose of causing it to lose its civil status.
The Supreme Court held that there is need of a judicial declaration of the fact that the marriage of a person is void before that person can marry again; otherwise the second marriage be void. (Wiegel vs. Sempio-Dig) 143 SCSS 499 The second marriage must have all the essential requisites for validity Validity of second marriage is a prejudicial question to liability for bigamy.
Liability of Physician or Surgeon A physician or surgeon or public officer, who cooperates in the executive of any of these crimes, is also liable if he acts in violation of the duties of his profession. Usurpation of Civil Status Usurping the civil status of another is committed by assuming the filiations, or the parental or conjugal rights of another. Civil Status Includes ones public station or the rights, duties, capabilities and incapabilities which determine a person to a given class, i.e usurpation of a profession. There must be intent to enjoy the right arising from the civil status of another. The Purpose of defrauding the offended party or his heirs qualifies the crime. Illegal Marriages BIGAMY Elements: 1. that the offender has been legally married 2. that the marriage has not been dissolved or, in case of his or her spouse is absent, the absent spouse could not yet presumed dead according to the civil code.
Bigamy not a private offense: the crime of bigamy does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party. The offense is committed not only against the first and second wife but also against the state. A person convicted of bigamy may still be prosecuted for concubinage. The second spouse who the first marriage accomplice, as well person who vouched capacity of either contracting parties. know of is an as the for the of the
A judicial declaration of the nullity of a marriage Ab Initio is now required. Failure to exercise due diligence to ascertain the whereabouts of the first wife is bigamy through reckless Imprudence. Good faith Bigamy. is a defense in
MARRIAGE CONTRACTED AGAINST PROVISION OF LAWS Elements: 1. that the offender contracted marriage 2. that he knew at the time that a) the requirements of the law were not complied with or ex. Marriage is solemnized by a minister/priest who does not have
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the required authority to solemnize marriage. b) the marriage was in disregard of a legal impediment 3. the marriage does not constitute bigamy.

qualifying Circumstance: Is either of the contracting parties obtains the consent of the other by means violence, intimidation or fraud.
2. That the imputation must be made publicly. 3. That it must be malicious. 4. That the imputation must be directed at a natural or juridical person, or one who is dead. 5. That the imputation must tend to cause dishonor, discredit or contempt of the person defamed. When a person in an article imputes upon the person mentioned therein, lascivious and immoral habits, that article is of a libelous nature as it tends to discredit the persons libeled in the minds of those reading the article. Publication is the communication of the defamatory matter to some third person or persons. Writing a letter to another person other than the person defamed is sufficient to constitute publication, for the person to whom the letter is addressed is a third person in relation to its writer and the person defamed therein. THERE IS NO CRIME IF THE IMPUTATION IS NOT PUBLISHED. But the publication need not refer by name to the offended party. It is sufficient if it is shown that the offended party is the person meant or alluded to therein. The defamatory remarks directed at a group of persons is not actionable unless the statements are allembracing or sufficiently specific for the victim to be identifiable.
PREMATURE MARRIAGES Persons liable for Premature Marriage 1. A widow who married within 301 days from the date of the death of her husband, or before having delivered if she is pregnant at the time of his death. 2. a woman who, her marriage having been annulled or dissolved, married before delivery or before expiration of the period of 301 days after the date of legal separation. Period may be disregarded if the first husband was impotent or sterile. Period of 301 days is important only for cases where the woman is not pregnant of without knowledge of such pregnancy. If the woman is pregnant, prohibition is good only up to time of delivery.
PERFORMANCE OF ILLEGAL MARRIGE CEREMONY Priest, or ministers of any religious denomination or sect or civil authorities who shall perform or authorize any legal marriage ceremony. Offender must be authorize to solemnize marriages, otherwise he is liable under Art. 177 for usurpation of authority. CRIMES AGAINST HONOR Libel- defamation Is a public and malicious imputation of a crime, or of a vice or defect real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead. ELEMENTS: 1. 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 circumstance.
How are the elements of publication and identification satisfied? There is publication if the material is communicated to a third person. It is not required that the person defamed has read or heard about the libelous remark. What is important is that a third person has read or heard of the libelous statement, for a mans reputation is the estimate in which others hold him, not the good opinion which he has in himself. As regards identification, it must be shown that at least a third person or a stranger was able to identify him as the object of the defamatory statement. Instances where defamatory statement is a defense 1. A private communication made by any person to another in the performance of any legal, moral or security duty;
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2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or any other official proceedings which are not of confidential nature, or of any statement, report of speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their function. Rule of Actual Malice This rule states that even if the defamatory statement is false, no liability can attach if it relates to official conduct, unless the public official concerned proves that the statement was made with actual malice, that is, with knowledge that it was false or with reckless disregard of whether it was false or not. TEST TO DETERMINE WHETHER WORDS USED ARE LIBELOUS If they tend to induce hearers to suppose and understand that persons against whom they were uttered was guilty of certain offenses, or are sufficient to impeach his honesty, virtue or reputation, or to hold him up to public ridicule. Libel By Means of Writings or Similar Means Committed by means of the following: 1. writing; 6. phonograph; 2. printing; 7. painting; 3. lithography; 8. theatrical exhibition; 4. engraving; 9. cinematographic exhibition; 5. radio; 10. any similar means. Threatening to Prevent such Compensation Publish and Publication Offer for to a

1. offender is a reporter, editor or manager of a newspaper, daily or magazine; 2. he publishes facts connected with private life of another; and 3. such facts are offensive to the honor, virtue and reputation of said person. This provision constitute the socalled Gag Law.
Slander- oral defamation KINDS: 1. Simple slander 2. Grave Slander Slander By Deed ELEMENTS: 1. offender performs any act not included in any other crime against; 2. such act is performed in the presence of other person or person or persons; and 3. such act casts dishonor, discredit or contempt upon the offended party. The commission of this crime depends upon the social standing of the offended party, the circumstances under which the act was committed, the occasion and others.
Incriminating Innocent Person ELEMENTS: 1. offender performs an act; 2. that by such act he directly incriminates or imputes to an innocent person the commission of a crime; and 3. such act does not constitute perjury. In cases of planted evidence.
ACTS PUNISHED: 1. By threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his family; or 2. By offering to prevent the publication of such libel for compensation or money consideration. Blackmail- is defined as any unlawful extortion of money by threats of accusation or exposure. It is possible in light threats under Art. 283, and threatening to publish, or offering to prevent the publication of libel for compensation, under Art. 356. Prohibited Publication of Acts Referred To In The Course Of Official Proceedings ELEMENTS:
Intriguing Against Honor ELEMENTS: 1. committed by any person; 2. such person makes any intrigue; and 3. purpose is to blemish honor or reputation of another person. May the court impose a penalty of fine instead of imprisonment? Yes. Under, Article 355, the court is given the discretion to impose the penalty of imprisonment or fine or both for the crime of libel. Humanitarian reasons as held in Torralba v. CA 1996.
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What are the different crimes of defamation? They are the oral defamation or slander, written defamation or libel, and defamation by overt acts or slander by deed. Malice in law It is malice which the law presumes to be present where the offender cannot establish justifiable reasons or good motives therefore. Hence, the complainant here does not have to prove the existence because it is presumed by law. Malice in fact It is malice which the complainant have to prove to exist. The offender must prove the existence of malice in order to hold the offender criminally and civilly liable. What court has jurisdiction in libel cases? The Regional Trial Court have the exclusive jurisdiction over libel cases, hence, the expanded jurisdiction conferred by R.A. 7691 to inferior courts cannot be applied to libel cases. When is truth a defense in defamation? The interest of society and the maintenance of a good government demands a full discussion of public affairs. Complete liberty to comment on the conduct of public men is a scalpel in the case of free speech. Men in public life may suffer under a hostile and unjust accusation; the wound can be assuaged with the balm of a clear conscience. May evidence proving the truthfulness of the imputation be received? No, Evidence proving the imputation is objectionable because such is inadmissible. Exceptions: 1. Imputation against a public officer and the same relates to his public function. (Art. 361, par.2b) The offended may adduce evidence of the truth of such imputation. 2. Imputation of crime against any person. (art. 361, par.2a)But the mere fact that the truth is proved, the accused must show that he acted out of good motives and justifiable end. Truth alone is not enough, in some cases truth is not a defense at all. What is the nature of fair commentaries on matters of public interest? They are privileged and constitute a valid defense in an action for slander or libel. The Doctrine of Fair Comment means that while in general every discernible imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is directed against a public person

in his public capacity, it is not necessarily actionable. Who is a public figure? One who by his accomplishments, fame, mode of living, or by adopting a profession or calling which gives the public a legitimate interest in his doings, his affairs and his character has become a public personage. He is in other words a celebrity. QUASI-OFFENSES Reckless Imprudence ELEMENTS: 1. offender does or fails to do an act; 2. the doing of or failure to do the act is voluntary; 3. that it be without malice; 4. that material damage results; and 5. there is inexcusable lack of precaution on the part of the offender, taking into consideration: a. his employment or occupation; b. degree of intelligence, physical condition, and c. other circumstances regarding persons, time and place. Simple Imprudence ELEMENTS: 1. lack of precaution on the part of the offender; and 2. the damage impending to be cause used is not immediate or danger is not clearly manifest.
Imprudence 1. deficiency of action 2. failure precaution of
Negligence 1. deficiency perception 2. failure advertense
of in
Reckless Imprudence It is the inexcusable lack of precaution of a person taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding time, person and place Such inexcusable negligence results in material damage to another.
Simple Imprudence It consists of the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate or the danger clearly manifests
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It is just that you are not splitting the criminal negligence because the real basis of the criminal liability is the negligence. Since this is the mode of incurring criminal liability, if there is only one carelessness, even if there are several results, the accused may only be prosecuted under one count for criminal negligence. So there would only be one information to be filed, even if the negligence may bring about resulting injuries which are slight. NOTE: Do not separate the accusation from the slight physical injuries from the other material result of the negligence. If you split the criminal negligence, that is when double jeopardy will arise. Punishable Quasi-offenses 1. Committing through reckless imprudence any act which, had it been intentional, would constitute a grave or less grave felony or light felony. 2. Committing through simple imprudence or negligence an act which would otherwise constitute a grave or less serious felony. 3. Causing damage to the property of another through reckless imprudence or negligence; 4. Causing through simple imprudence or negligence some wrong which if done maliciously, would have constituted a light felony.
Illustration: If the criminal negligence resulted in homicide, serious physical injuries and slight physical injuries do not join only the homicide, physical injuries in one information for the slight physical injuries. You are not complexing slight when you join it in the same information.
SUMMARY OF BOOK TWO

Treason (134) Crime against National Security Can only be committed in times of war Maybe committed by mere adherence to the enemy, giving him aid or comfort There are only two ways of proving treason: a) t estimony of 2 witnesses, at least, to the same overt act b) c onfession of the accused in open court
Rebellion (134) Crime against Public Order Maybe committed in times of peace Always involves taking up of arms against the government
Sedition (139) Crime against Public Order
Subversion (PD 885) Special Law
Direct Assault 1st part (148) Crime against Public Order
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There is a public uprising but there must be taking up of arms against the government Violation by a subject of his allegiance to his sovereign or the Supreme Authority of the State There is a public uprising but it is sufficient that such is tumultuous

Punishes mere affiliation or membership in a subversive organization
Offender employs force or intimidation to attain any of the purposes of rebellion or sedition but with NO public uprising
Raising of commotion or disturbances in the State
Piracy (122) There is intent to gain The manner of committing the crime is through violence against or intimidation of persons or force upon things The offender is an outsider
Robbery on the High Seas (Title X, Chapter 1) There is intent to gain The manner of committing the crime is through violence against or intimidation of persons or force upon things The offender is a member of the complement or a passenger of the vessel
Arbitrary Detention (124) and Delay in the delivery of detained persons to the proper judicial authorities (125) Maybe committed only by public officers and employees who are acting as such (BUT private individuals who conspire with public officers are guilty of this crime)
Illegal Detention (267 & 268)
Committed by private individuals or public officers and employees acting in their private capacity
Violation of Domicile (128 130) Maybe committed only by public officers and employees who re acting as such (BUT private individuals who conspire with public officers are guilty of this crime)
Trespass to dwelling (280) Committed by private individuals or public officers and employees acting in their private capacity
Prohibition, interruption and dissolution of peaceful meetings (131) Maybe committed only by public officers and employees who are acting as such (BUT private individuals who conspire with public officers are guilty of this crime)
Disturbance of public order (1530 Committed by private individuals or public officers and employees acting in their private capacity.
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1st way of committing the crime of Illegal Assembly (146) That there is a meeting, a gathering or group of persons, whether in a fixed place or moving That the meeting is attended by armed persons That the purpose is to commit any of the crimes punishable under the RPC
2nd way of committing the crime of Illegal Assembly (146) That there is a meeting, a gathering or group of persons, whether in a fixed place or moving It doesnt matter whether the audience is armed or not That the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault.
Illegal Assembly (146) There is an actual meeting or assembly Meeting and attendance at such meeting is punished That the purpose is to commit any of the crimes punishable under the RPC
Illegal Association (147) It is not necessary that there be an actual meeting That there is a meeting, a gathering or group of persons, whether in a fixed place or moving That the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault
Illegal Assembly (146) There is an actual meeting or assembly Meeting and attendance at such meeting is punished The persons liable are: a. organizers or leaders of the meeting b. persons present at the meeting
Illegal Association (147) It is not necessary that there be an actual meeting The act of forming or organizing and membership in the association is punished The persons liable are: 1. the founders, and president 2. the members directors
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Direct (148)
Assault
Indirect (149)
There are 2 ways of committing direct assault. a) without public uprising, by employing force or intimidation for the attainment of the purposes of rebellion and sedition b) with out public uprising, by attacking, by employing force or by seriously intimidating or be seriously resisting any person in authority or any of his agents, while engaged in the performance of official duties, or on the occasion of such performance In the 2nd form of Direct Assault, the offended party is a person in authority or his agent The force employed of the agent of a person in authority must be serious. It need not be serious when the offended party is a person in authority The person in authority or his agent can either be: a)engaged in the actual performance of official duties; or
Resistance & Simple CRIMINAL LAW REVIEWER Serious Disobedience 67 SAINT LOUIS UNIVERSITY BAR OPERATIONS Disobedience (151, par. 2) (151, par.1) Committed only No force is when a direct employed in assault is also resisting or committed disobeying
Assault
The offended party is a person who comes to the aid of a person in authority or his agent
The offended party is a person in authority or his agent
The offended party is a person in authority or his agent.
The person in authority must be in the actual performance of his official duties
The person in authority must be in the actual performance of his official duties or gives a lawful order thereof
b) he is assaulted by reason of the past performance of official duties Prepared by the CRIMINAL LAW SECTION Chief ALEC ANTHONY PENA Assistant Chief CRYSTAL VEMIL LAMMAWIN Members 67 The resistance The resistance here LOVILYN ANIBAN, MATHEW DATI, JOHN LABSKY MAXIMO, JOEL PASIWEN, NOELLE DIZON, YZANNE MERCED, ROSANNE RARANG and ENGELBERT SORIANO. All Rights Reserved is not SAINT LOUIS UNIVERSITY COLLEGE OF LAW BAR by the serious employed must be OPERATIONS 2003. serious The disobedience The disobedience is here must be not serious serious
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Person in authority Any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission, shall be deemed a person in authority
Agent of a person in authority One who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, and any person who comes to the aid of persons in authority
Alarms
and
Disturbance
of
Grave
Scandal
Discharge
of
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Scandals (155) Crime against Public Order The disturbance must NOT be serious in nature (par.4) The discharge of the firearm should NOT be aimed at a person (par.1) Public Order (153) Crime against Public Order The disturbance must be serious in nature (200)

Firearm (254) Crime against Public Persons
Crime against Public Morals
The discharge of firearm is aimed at a person but without intent to kill That the highly scandalous conduct is NOT expressly falling with any other article in the Code
Delivering Persons from jail (156) The officer removes or helps in the escape of a prisoner The prisoner may be a detention prisoner or a prisoner by final judgment
Evasion of Service of Sentence (157) The offender is the prisoner The prisoner must be a convict by final judgment
Conniving with or consenting to evasion (223) The offender is a public officer The prisoner may be a detention prisoner or a prisoner by final judgment The public officer was in connivance with the prisoner
Evasion through negligence (224) The offender is a public officer The prisoner may be a detention prisoner or a prisoner by final judgment The prisoner escapes through the public officers negligence
Recidivism 14, par. 9)
(Art.
Reiteracion (Art. 14, par. 10) It is necessary that the offender shall have served out his sentence for the 1st offense Previous and subsequent offenses must not be embraced in the same title of the Code Serves to increase the penalty into its maximum No period of time between the former conviction and the last conviction is fixed by law
It is enough that a final judgment has been rendered in the 1st offense
Multi-recidivism or Habitual Delinquency (Art. 62, par. 5) The accused must be found guilty the 34d time or oftener of any of the crimes specified below Only the crimes of robbery, theft, estafa, falsification and physical injuries are taken into consideration An additional penalty is also imposed Offender is found guilty of any of the crimes specified within 10 years from his last
Quasi-recidivism (Art. 160) The accused are yet to serve or are serving their sentences at the time of the commission of the crime Previous and subsequent offenses do not need to be embraced in the same title of the Code Punished by the maximum penalty prescribed by law for the new felony Period of the commission must be before serving out the sentence or during the service
Requires that the offenses be included in the same title of the Code Serves to increase the penalty into its maximum No period of time between the former conviction and the last conviction is fixed by law
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Ordinary mitigating circumstance which can be offset by a mitigating circumstance
Ordinary mitigating circumstance which can be offset by a mitigating circumstance
release or last conviction Special aggravating circumstance which cannot be offset by a mitigating circumstance
of such sentence Special aggravating circumstance which cannot be offset by a mitigating circumstance
Making, importing and uttering false coins (163) The coin uttered (passed) maybe currency of a foreign country or that which has been withdrawn from circulation In case of uttering, the offender connived with the counterfeiters or importers
Mutilation of coins and importation and utterance of mutilated coins (164) The coin must be of legal tender and does not include foreign coins There is connivance with the mutilator or importer in case of uttering
Selling of false or mutilated coins without connivance (165) The coin must be legal tender
There is no connivance but there is knowledge that the coin is false
Falsification of legislative documents (170)
The offender is any person
Offender alters a legislative document and such alteration changes the meaning of the document
Falsification by public officer, employee or notary or ecclesiastical minister (171) The offender is a public officer, employee or notary public who takes advantage of his official position (in case the offender is an ecclesiastical minister, the falsification affects the civil status of a person) Offender falsifies a public or official document
Falsification by private individuals and use of falsified documents (172, par.10 The offender is a private individual or a public officer or employee who does not take advantage of his position
Falsification by private individuals and use of falsified documents (172, par.2) The offender is any person
Offender falsifies a public, official or commercial document Damage or intent to cause damage is NOT necessary
Offender falsifies a private document
The falsification must cause damage or at least there was an intent to cause damage NOTE: If falsification is committed as a means to commit other crimes (e.g. estafa, theft or malversation) the 2 crimes form a complex crime. HOWEVER, this applies only to public, official or commercial documents. There is no complex crime when it is a private document because damage or intent to cause it is an essential element.
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Using fictitious name (178, par. 1) Element of publicity must be present The purpose is to counsel a crime, evade an execution of a judgment or cause damaged to public interest
Concealing true name (178, par.2) Element of publicity need not be present Element of publicity need not be present the purpose is merely conceal ones identity
Estafa ()315, subdivision2, par.a) The purpose is to cause damage
False testimony in a criminal case against defendant (180)
False testimony in a criminal case favorabel to the defendant (181) There is criminal proceeding a
False testesmonies in civil cases (182)
False testimony in other cases and perjury (183)
Offering false testimony in evidence (184)
There is criminal proceeding
The testimony is given in a civil case
The testimony is under oath but NOT in a judicial proceeding
There is judicial proceeding
Defendant must be sentenced at last to a correctional penalty, a fine or must acquitted
Conviction or acquittal of the defendant is NOT necessary, it is sufficient that the defendant is prosecuted for a felony Offender knows the falsity of the witness, presented him and the latter testified falsely WITHOUT INDUCEMENT. If there is inducement,
72

Arts. 180 183 in relation to Art. 7 par.2 will apply
Infringement of Trademarks (188) Limited range, so one who fails to establish the exclusive property right which is essential to the validity of a trademark, may yet obtain relief on the ground of unfair competition The offended party here has identified peculiar symbol or mark with his goods and thereby has acquired a property right in such symbol or mark
Unfair competition (189) Broader and more inclusive
Offender was the trademark or trade name of another manufacturer or dealer and sells his goods on which on which the trademark is affixed
The offended party has identified in the mind of the public the goods he manufactures are deals in from those of others, whether or not a mark or trade name is employed, and has a property manufacturer or dealer and sells the same. Offender gives his good the general appearance of the goods of another manufacturer or cleanser and sells the same.
Knowingly rendering unjust judgement (204) Offender is a judge The judgemental is unjust and that judge knows that it is unjust
Judgment rendered through negligence (205) Offender is a judge The judgment is manifested unjust and due to his inexcusable negligence or ignorance
Unjust interlocutory order (206) Offender is a judge He knowingly rendered an unjust interlocutory order or rendered one manifestly unjust through in excusable negligence of ignorance
Malicious delay in the administration of justice (207) Offen0der is a judge The delay is caused with deliberate with intent to inflict damage on either party
Direct Bribery (210) Agreement between the officer and the giver of the gift or present Offender agrees to perform or performs act or refrains from doing something because of the gift to promise
Indirect Bribery (211) No agreement It is not necessary that the officer should do any particular act or even promise to do an act as it is enough that he accepts gifts offered to him by reason of his office
Anti-Graft and Corrupt Practices Act (RA 3019)
In par. (a), it is NOT required that there is a requesting or receiving of any gift, present or benefit. In par. (b), the public officer requesting or receiving has to intervene under the law in any contract or transaction between the government and any other party. In par. (c), the public officer requesting or receiving is in connection
73

with securing or obtaining a government permit or license. Under the 2nd paragraph of Art. 210, the act executed must be unjust The act here is not unjust
Prohibited transactions (215) Offender is an appointive public officer
Possession of prohibited interest by a public officer (216) Offender is a public officer who has an official duty to intervene in the contract or business He is directly or indirectly interested in any contract or business in which it was his official duty to intervene
Anti-Graft and Corrupt Practices Act (RA 3019, par. g and h) Any public officer
Anti-Graft and Corruption Practices Act (RA 3019, par 1) Public appearance who is a member of a board, pane or group which exercises discretion in the approval of any transaction or act Directly or indirectly becoming interested, for personal again, or having material interest in any transaction or act requiring the approval of such board panel or group.
He becomes interested, directly or indirectly, or nay transaction exchange of speculation
In par. (g) the pubic officer enters into ANY transaction manifestly and grossly disadvantageous to the government, weather or not the public officer will profit. In par. (h), the public officer directly or indirectly has financial or pecuniary interest in a business, contract or transaction which is prohibited by the constitutional any law
Malversation of public funds or property (217) a) The public officer appropriate s public funds or property b) The public officer takes or misappropriate a public funds
Failure of accountable officer to render accounts (218) The public officer is required by law or reputation render accounts to the Commission on Adult, or to a provincial auditor and he
Failure of a responsible officer to render before leaving the country (219) The public officer has unlawfully left the Philippines without securing from cure from the commission on Audit a certificate showing that his accounts
Illegal use of public funds or property (220)
Failure to make delivery of public funds or property (221) Public officer MALICIOUSLY Fail maliciously fails to make plan payment when he is under obligation make sure payment from government
The public officer applied a public fund or property to a public use other than that for which such has been approach by law of ordinance to a public use
74
of property c) The public officer consents or through abandonme nt or negligence, permits any other person to take such public funds or property The public officer is other wise guilty of the misappropr iation or malversatio n of such funds or property. fails to do so for a period of 2 such accounts render accounts to the Commission on Audit, or to a provincial auditor and he fails to do so for a period of 2 months after such accounts should be rendered have finally settled without securing from Commission on Audit a certificate showing that his accounts have been finally settled.

other than that to which such has been appropriated by law or ordinance
d)
buy here refuses to make delivery even though ordered by competent authority to property o him payment when he is under obligation to make such payment from government funds in his possession, or the refuses to make delivery even though ordered by competent authority to deliver in his custody administration
Revelation of secrets by an officer (229) The secret affects public interest Damage is caused to public interest
Public officer revealing secrets of private individuals (2300 The secret is that of a private individual and public revelation is NOT required Damage is NOT necessary
Usurpation of legislative powers (239) Offender is an executive or judicial officer
Usurpation of executive functions (240) Offender is a judge
a) makes a) assumes a power general rules or pertaining to the regulations beyond the executive authorities scope of his authority b) obstructs the executive b) attempts to authorities in the lawful repeal a law exercise of their powers c) suspends the execution thereof
Usurpation off judicial functions (241) Offender is an officer of the executive branch of the government a) assumes judicial powers b) obstructs the execution of any order or decision rendered by any judge within his jurisdiction
Parricide (246)
Death under exceptional circumstance s (247)
Murder (248)
Homicide (249)
Infanticide (255)
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Offender is ANY person The deceased is the father, mother, or child whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse of the accused Intentional Abortion (256) Offender is a legally married person or a parent The deceased or victim of serious physical injury is the spouse or daughter of the accused and his paramour Offender is ANY person The deceased was killed with the presence of qualifying aggravating circumstances

Offender is ANY person The decrease was killing without me attendance of any of eh qualifying circumstances of murder, parricide or infanticide
Offender is ANY person The decreased is a child which was less than 3 days of age
Unintentional Abortion (257)
Abortion practiced by the woman herself by her parents (258) The offender may be a) b) a pregnant woman
The offender is NOT the pregnant woman
The offender is NOT the pregnant woman
Abortion practiced by a physician or midwife and dispensing of abortives (259) The offender msut be a physician or midwife
Intent to commit abortion Way of commission: a) violence using
NO intent to commit abortion Way of commission: Intentional violence is exerted
any of her parents, with her consent, but he purpose must be to conceal her dishonor Intent to commit abortion Way of commission: Any method
Intent to commit abortion Way of commission: The physician or midwife takes advantage of his or her scientific knowledge or skill
b) actin g without using violence, without the consent of the pregnant woman c) actin g with the consent of the pregnant woman Mutilation (262) Serious Physical Injuries (2630 Less Physical (265) Serious Injuries
Slight Physical injuries and Maltreatment (266)
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The mutilation of organs necessary for generation or any other part of the body must be for the purpose of depriving the victim of the part of his body The purpose is to inflict injury

The purpose is to inflict injury
The purpose is to inflict injury
a) Victi m becomes insane, imbecile, impotent or blind b) Victi m loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg, or loses the use of any such member, or becomes incapacitated for the work in which he was therefore habitually engaged c) Victi m becomes deformed, or loses any other member of his body, or loses the use thereof, or becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days d) Victi m becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days
a)
Victim is incapacitated for labor for 10 days or more (but not more than 30 days), or needs medical attendance for the same period of time The physical injuries must not be those described in the preceding articles Qualified less serious physical injuries (1) there is a manifest intent to insult or offend the inured person; (2) there are circumstance adding ignominy to the offense; (3) victim is the parent, ascendant, guardian, curator or teacher of the offender; (4) offended party is a person of rank or a person in authority provided the crime is NOT direct assault
a) Victim is incapacitated for labor from 1 9 days, or required medical attendance during the same period b) Victim was not prevented form engaging in his habitual work or did not require medical attendance c) Victim was illtreated by deed without causing any injury
b)
c)
Physical Injuries Offender inflicts physical injuries
Attempted or Frustrated Homicide Attempted homicide may be committed even without physical injuries
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Offender has not offended party Kidnapping and Serious Illegal Detention (267) Offender is a private individual Officer kidnaps or detains another, or in any manner deprives the latter of his liberty Offender kidnaps or detains another, or in any manner deprives the latter of his liberty The act of kidnapping is illegal intent to kill the

Offender has an intent to kill the offended party Kidnapping and Failure Return a Minor (2700 Offender is entrusted with the custody of minor person Offender deliberately fails to restore the said minor to his parents or guardians Slavery (272)
Slightly Illegal Detention (268) Offender is private individual a
Unlawful Arrest (269)
Offender is ANY person
Offender is ANY person
Offender kidnaps or detains another, or in any manner deprives the latter of his liberty
Purpose of the offender is to deliver him to the proper authorities
The purpose is to enslave the victim
The act detention kidnapping illegal
of or is
The arrest or detention is not authorized by law circumstances no reasonable ground thereof
The following circumstance are present: a) it lasts for more than 3 days b) It is committed simulating public authority c) Any serious physical injuries are inflicted upon the victim or threats to kill him are made d) Victim is a minor, female, or a public officer
The circumstances in kidnapping and serious illegal detention is not present
Slavery (272)
White Slavery (341)
78
Crime against Personal Liberty and Security Offender purchases, sells, kidnaps or detains a human being Purpose is to enslave

Crime Against Chastity Offender either engages in the business of prostitution, profits by it, or enlists the series of women Purpose is for prostitution
Abandoning a minor (276) Custody of the offender is stated in general Minor is under 7 years of age Minor is abandoned in such a way as to deprive him of the care and protection that his tender years need
Abandoning a minor by a person entrusted with his custody; Indifference of parents (277) Custody of the offender is specific, that is the custody for rearing or education of the minor Minor is under 21 years of age Minor is delivered to a public institution or other person
Grave Threats (282) Threatening another with infliction upon his person, honor, or properly or that of his family of any wrong Such wrong amounts to a crime
Light Threats (283) Offender makes a threat to commit a wrong The wrong does constitute a crime not
Other (285)
Light
Threats
Acts: a) a demand for money and any condition is imposed even though not unlawful and the offender attains his purpose b) the offender does not attain his purpose
Acts: a) a demand for money and any other condition is imposed even though not unlawful and the offender attains his purpose b) the offender does not be subject to a condition
Threats under par. 3 here is similar to light threats because the harm threatened to be committed is NOT a crime. But the difference is that here, there is no demand, for money or no condition is imposed or the threat is not deliberate Threats under par. 2 here is the same as the 3rd form of grave threats because the harm to be committed is a crime. But it should be made in the heat of anger
c)
the threat is not subject to a condition but it must be deliberate
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Qualified trespass to dwelling (280) Offender is a private person Offender enters a dwelling house Place entered is inhabited The act constituting the crime is entering the dwelling against the will of the owner Prohibition to enter is express or implied
Other forms of trespass (281) Offender is ANY person Offender enters closed premises or fenced estate Place entered is uninhabited The act is entering the closed premises or the fenced estate without securing the permission of the owner or caretaker thereof Prohibition to enter must be manifest
Grave Coercion (286) Offender is any person that restrains the will and liberty of another and who has no authority or the right to do so Offender prevented another from doing something not prohibited by law or that he compelled him to do something against his will be it right or wrong The prevention or compulsion be effected by violence, threats or intimidation
Light Coercion (287) Offender is a creditor who seizes anything belonging to his debtor
Other similar coercion (288, par.1) Offender is any person, agent or officer of any association or corporation which has employed employees Offender forces or compels, directly or indirectly, or knowingly permits to be forced or compelled any employee to purchase merchandise of any kind from the corporation
Other similar coercion (288, par. 20 Offender pays the wages due an employee by means of tokens or objects other than legal tender The employee or laborer does not expressly request than the paid by means of tokens or objects
Coercion affecting labor capital (289) Offender is ANY person
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
The seizure of the thing be accomplished by means of violence or a display of
80
material force producing intimidation Purpose of the offender is to apply the same to the payment of the debt

Purpose is organize, maintain prevent coalitions capital labor, strike laborers lockout employers
to or of or of or of
Grave Coercion (286) Offender may have any other purpose
Illegal Detention (267) The purpose of the offender is clear and it is deprivation of liberty
Maltreatment of Prisoners (235) The offender is a public officer who must have actual charge of the prisoner Offended party is a prisoner
Execution of Deeds by means of Violence or Intimidation (298) Offender has an intent to defraud another Offended party is NOT under obligation to sign, execute or deliver the document under the law, but the offender makes him thorough violence or intimidation
Offended person
is
ANY
Discovering secrets through seizure of correspondence (290) Offender is a private individual or even a public officer NOT in the exercise of his official function Offender seizes the papers or letters of another for the purpose of discovering the secrets of such person Offender is informed of the contents of the papers or letters signed
Revealing secrets with abuse of confidence (291) Offender is a manager, employee or servant Offender learns the secrets of his principal or master in such a capacity Offender secrets reveals such
Revealing of industrial secrets (292) Offender is a person incharge employee or workman of a manufacturing or industrial establishment
Offender reveals a secret of the industry and prejudice is caused to the owner
Robbery (294-305) Taking of personal property belonging to another with intent to gain by means of: Violence against or intimidation of persons If this is employed, the taking of personal property belonging to another is always Force upon things The taking is robbery ONLY if the force is used either to enter the building or to break doors,
Theft (308-311) Taking of personal property belonging to another with intent to gain and without the latters consent
81
robbery wardrobes, chests, or any other kind of locked or sealed furniture or receptacle inside the building or to force them open outside after taking the same from the building Value of the property taken is considered

Value of the property taken is immaterial
Robbery (294 305) With Homicide (294): Intent to gain is the main purpose Thru Intimidation (294): a) There is intimidation and the purpose is to obtain gain b) Intimidation is actual and immediate c) Intimidation is personal
Distinguished from other crimes Homicide (249): To kill is the main purpose Threats to extort money (282): a) There is intimidation and the purpose is to obtain gain
b)
Intimidation is conditional or future, that is, NOT immediate c) Intimidation may be made through an intermediary d) Intimidation may refer to any person, honor or property of the offended party or that of his family Gain of the culprit is NOT intent to gain Grave Coercion (280): a) There is violence used by the offender
d) Intimidation is directed only to the person of the victim e) Gain immediate of the culprit is
e)
With Violence(294): a) There is violence used by the offender b) There is intent to gain
b)
There is NO intent to gain
Robbery (294 305) When the victim did not commit a crime and he is intimidated with arrest and/or prosecution to deprive him of his personal liberty Victim is deprived of his money or property by force or intimidation
Bribery (210) When the victim has committed a crime and gives money or gifts to avoid arrest or prosecution Victim pats with his money or property voluntarily
Robbery with force upon things (299 305) If a false key is used to enter a building, it is robbery
Theft (308 311) If the false key or picklock was used to open a door inside the building, then it is only theft. But if the room opened is a separate dwelling place, it may give rise to robbery If a false key is used to open a wardrobe, locked receptacle or drawer, it is merely
It is robbery when a wardrobe, locked receptacle or drawer is broken to get a
82
property inside theft.

Robbery with force upon things (299 305) The locked or sealed receptacle is forced open in the building where it is kept or taken therefrom to be broken outside Offender takes the locked receptacle without the owners consent with force upon things
Estafa (315) A person opens by force certain locked receptacle which has been confided into his custody and takes the money contained therein. Offender receives the thing from the offended party
Theft (308 311) A locked receptacle is found on the side street and forcibly opened and the contents thereof taken Offender takes the locked receptacle without the owners consent
83

84
By fire means of By means explosion of

When the crime is Arson (320 and PD 613 as amended by RA 7659), this is not an aggravating circumstance, since it is inherent in the crime When something is set on fire for the purpose of killing another, this becomes a qualifying aggravating circumstance in accordance with Art. 248, par. 3 When the crime committed is Arson, and someone is killed in the process, but there was not intent to kill, this is still not considered an aggravating circumstance, but the penalty would be reclusion perpetua to death in accordance with PD 1613 When someone is killed, and then the house is set on fire, there are two separate crimes of arson and murder (or homicide)
When a person uses a hand grenade to create an explosion, the crime is one that involves destruction (324) When an explosion is used for the purpose of killing another person, this becomes a qualifying aggravating circumstance in accordance with Art. 248 par. 3 When the crime committed is one involving destruction, and someone is killed in the process, but there was no intent to kill, the crime is still destruction and this circumstance is inherent in that offense. However, the penalty would be death When someone is killed, and then an explosion is done, there are two separate crimes of destruction and murder (or homicide)
By means of derailment of a locomotive When property is damaged as a result of the derailment of a locomotive, the crime committed is damage to means of communication (330) When derailment of a locomotive is used for the purpose of killing another person, this becomes a qualifying aggravating circumstance in accordance with Art. 248, par. 3 When the crime committed is one involving derailment of a locomotive, and someone is killed in the process, but there was no intent to kill, there is a complex crime of damage to means of communication with homicide (or murder) When someone is killed, and derailment of a locomotive is done after the killing, there are two separate crimes of derailment of locomotive and murder (or homicide) This becomes an aggravating circumstance ONLY when there is another aggravating circumstance which already qualifies the crime
By means poison
of
When poison is used for the purpose of killing another person, this becomes a qualifying aggravating circumstance in accordance with Art. 248, par. 3
This becomes an aggravating circumstance ONLY when there is another aggravating circumstance which already qualifies the crime
85

Estafa be means of deceit (315, subdivision 2 & 3) Funds or property are always private Offender is a private individual or public officer who is not accountable for public funds or property Committed by misappropriating, converting or denying having received money, goods or other personal property
Malversation (217) Usually public funds or property Offender is usually a public officer who is accountable for public funds or property Committed by appropriating, taking or misappropriating or consenting, or through abandonment or negligence, permitting any other person to take the public funds or property
Estafa be means of deceit (315, subdivision 2 & 3) Offender postdated a check, or issued one in payment or an obligation. It cant apply to guarantees Damage or prejudice is caused
BP 22 Mere act of issuing a check is punished not the non-payment of an obligation May apply to a guarantee Damage is NOT an essential element
Estafa by removing, concealing, or destroying, in whole or in part, any court record, office files, documents or any other papers (315, No. 3 (c)) Offender is a private individual or even a public officer who is not officially entrusted with the documents There is an intent to defraud
Infidelity in the documents (226)
custody
of
Offender is a public officer who is officially entrusted with the documents Intent to defraud is NOT necessary
86

Adultery (3330 Offender is a married woman
Concubinage (334) Offender is a married man
Acts of Lasciviousne ss (336)
Rape (266 A)
Unjust Vexation (287, par. 20
Acts of the offender do not clearly indicate that he wants to lie with the offended woman Lascivious acts are themselves the final objective of the offender The acts are committed under circumstances which had there been carnal knowledge, would amount to rape
Acts performed by the offender clearly indicate that his purpose was to lie with the offended woman Lascivious acts are but the preparatory acts to the commission of rape
There are NO acts of lasciviousness
Acts of Lasciviousne ss with the consent of the offended party Acts of the offender do not clearly indicate that he wants to lie with the offended woman Lascivious acts are themselves the final objective of the offender The acts are committed under circumstances which had there been carnal knowledge, would amount to either qualified or simple seduction. Consent is present but there must be either abuse of confidence, of authority, relationship or deceit There is no sexual intercourse Acts of Lasciviousne ss (336) Offended party maybe ANY person
Qualified or Simple seduction (377 & 338)
In qualified seduction, there abuse of confidence, of authority or relationship. In simple seduction there must be deceit
There is not sexual intercourse Forcible Abduction (342) Offended party must be a woman
There is sexual intercourse Consented Abduction (343) Offended party must be over 12 and under 18 years of age and was taken away with her
Grave Coercion (286) Offended party be ANY person
Corruption of Minors (340) Offended party must be a minor
87

There is an element of lewd designs It is enough that libidinous designs may exist, actual commission of acts of lasciviousness is NOT necessary
There is NO lewd design
There is NO lewd design
There is an element of lewd designs Lecherous acts must have actually been committed
consent after solicitation or cajolery from the offender There is an element of lewd designs
Bigamy (349)
That a legally married offender contracts a subsequent marriage which has all the essential requisites for validity when the 1st marriage has not been legally dissolved or in case of an absent spouse, such spouse could not yet be presumed dead
Marriage contracted against provisions of laws (350) That the offender knew at the time of marriage that requisites of the law were not complied with or the marriage was in disregard of a legal impediment
Premature marriages (351)
Adultery Concubinage (333 or 334)
or
The offender may either be: a) a woman who married within 301 days from the date of the death of her husband, or before having delivered is she is pregnant at the time of his death b) a woman who, her marriage having annulled or dissolved, married before her delivery or before the expiration of the period of 301 days after the date of the legal separation Crime against civil status of persons Slander (358)
Crime against civil status of persons Libel d(3530
Crime against civil status of persons
Crime against Chastity, so it is a distinct offense
88
A public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead

Oral defamation
Slander by deed (359) The offended party suffered from shame or humiliation cause by the maltreatment In addition to irritation or annoyance, there is attendant publicity and dishonor or contempt
Maltreatment (266, par. 30 No dishonor caused was
Unjust Vexation (287, par. 2)
Acts of Lasciviousness (3360
Anything that annoys or irritates another without justification
In addition to irritation or annoyance, there was lewd designs done by using force or intimidation, or when the offended party is deprived of reason or otherwise unconscious or when the offended party is another person of either sex.

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1

CRIMINAL LAW REVIEWER

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Two modes of committing Treason:

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ART. 120: CORRESPONDENCE HOSTILE COUNTRY

SAINT LOUIS UNIVERSITY BAR OPERATIONS

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Title 2 CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

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1. If the offender is a private individual,

ART. 127: EXPULSION

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ART. 130: SEARCHING WITHOUT WITNESSES ELEMENTS:

ART. 133: FEELINGS 1.

Prohibiting or interrupting the holding of a peaceful meeting, or dissolving the

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CRIMES AGAINST PUBLIC ORDER

Penalty for Coup detat Who are Liable:

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CONSPIRACY AND PROPOSAL TO COMMIT COUP DETAT, REBELLION OR INSURRECTION.

1. There is Conspiracy when:

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DIRECT ASSAULTS Kinds: 1. Simple Assault 2. Qualified Assault

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UNLAWFUL USE OF PUBLICATION AND UTTERANCES

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SAINT LOUIS UNIVERSITY BAR OPERATIONS

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USING FALSE CERTIFICATES

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from against the

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INDIRECT BRIBERY Public officer receives a gift Usually no such agreement

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Art. 218- Failure of accountable officer to render accounts Elements:

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To conceal mothers dishonor is mitigating.

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PHYSICAL INJURIES TUMULTOUS AFFRAY Elements:

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ABORTION PRACTICED BY A HERSELF OR BY HER PARENTS ELEMENTS;

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