Professional Documents
Culture Documents
Article 114
ELEMENTS OF TREASON:
a. That the offender owes allegiance to the Government of the Philippines
b. That there is a war in which the Philippines is involved
c. That the offender either
d. Levies war against the government,
1. breech of allegiance
2. actual assembling of men
3. for the purpose of executing a reasonable design
e. Adheres to the enemies, giving them aid and comfort
1. breech of allegiance
2. adherence
3. giving aid or comfort to the enemy
Ways of proving treason:
a. 2 witnesses testifying to same overt act
Example: X saw arms landed in La Union and loaded into a motor vehicle. At this
stage, not sufficient to convict yet. Y later saw the arms unloaded in a
warehouse. Will X + Y be sufficient witnesses to convict? Answer: NO. Because
the law requires that 2 witnesses see the SAME OVERT ACT.
b. Confession of the accused in open court. Arraignment, pre-trial, trial OK.
1. If he has pleaded NOT guilty already during arraignment, he can still confess
in open court by stating the particular acts constituting treason.
2. During trial, simply saying Im guilty is not enough.
3. Withdrawing plea of not guilty during arraignment not necessary
4. If during arraignment he pleads guilty, court will ask if the accused
understands is plea. Submission of affidavit during trial, even if assisted by
counsel is not enough.
Treason: breach of allegiance to the government, committed by a person who owes
allegiance to it. Allegiance: obligation of fidelity and obedience. It is permanent or
temporary depending on whether the person is a citizen or an alien.
Evident premeditation, superior strength and treachery are circumstances inherent in
treason, and are, therefore, not aggravating.
Treason cannot be committed in times of peace, only in times of war actual
hostilities. But no need for declaration of war
Levying of war: a) that there be an actual assembling of men; b) for the purpose of
executing a treasonable design by force (deliver the country in whole or in part to the
enemy)
Not Treasonous:
a. Acceptance of public office and discharge of official duties under the enemy
does not constitute per se the felony of treason (exception: when it is policy
determining)
b. Serving in a puppet government (ministerial functions) and in order to serve
the populace is NOT treasonous. But it is treason if: a) there is discretion
involved; b) inflicts harm on Filipinos; c) it is disadvantageous to them.
c. Purpose of offender: to deliver the Philippines to enemy country; if merely to
change officials not treason
On Citizenship
a. Filipino citizens can commit treason outside the Philippines. But that of an
alien must be committed in the Philippines.
b. Only Filipino citizens or permanent resident aliens can be held liable
c. Alien: with permanent resident status from the BID it is neither the length of
stay in the Philippines nor the marriage with a Filipino that matters.
ELEMENTS:
a. In time of war
b. 2 or more persons come to an agreement to
1. levy war against the government, or
2. adhere to the enemies and to give them aid or comfort,
c. They decide to commit it
ELEMENTS OF PROPOSAL TO COMMIT TREASON
a. In time of war
b. A person who has decided to levy war against the government, or to adhere
to the enemies and to give them aid or comfort, proposes its execution to
some other person/s.
Mere agreement and decisions to commit treason is punishable
Mere proposal even without acceptance is punishable too. If the other accepts, it is
already conspiracy.
Article 116
MISPRISION OF TREASON
ELEMENTS:
a. That the offender must be owing allegiance to the government, and not a
foreigner
b. That he has knowledge of any conspiracy (to commit treason) against the
government
c. 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 the mayor or fiscal of the
city in which he resides
Offender is punished as an accessory to the crime of treason
This crime does not apply if the crime of treason is already committed
Crime of omission
To report within a reasonable time depends on time, place and circumstance
the RPC did not fix time.
RPC states 4 individuals, what if you report to some other high-ranking government
official? Ex. PNP Director? Judge Pimentel says any govt official of the DILG is OK.
Article 117
Espionage by entering, without authority therefor, warship, fort, or naval or
military establishments or reservation to obtain any information, plans,
photographs or other data of a confidential nature relative to the defense of the
Philippines.
ELEMENTS:
a. 1. That the offender enters any of the places mentioned therein
2. That he has no authority therefore;
b. That his purpose is to obtain information, plans, photographs or other data of a
confidential nature relative to the defense of the Philippines
Article 118
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
ELEMENTS:
a. That the offender performs unlawful or unauthorized acts
b. That such acts provoke or give occasion for a war involving or liable to involve
the Philippines or expose Filipino citizens to reprisals on their persons or
property
Crime is committed in time of peace, intent is immaterial
Inciting to war offender is any person
Reprisals is not limited to military action, it could be economic reprisals, or denial of
entry into their country. Example. X burns Chinese flag. If China bans the entry of
Filipinos into China, that is already reprisal.
Article 119
VIOLATION OF NEUTRALITY
ELEMENTS:
a. That there is war in which the Philippines is not involved
b. That there is a regulation issued by competent authority for the purpose of
enforcing neutrality
c. That the offender violates such regulation
Govt must have declared the neutrality of the Phil in a war between 2 other countries
It is neutrality of the Phil that is violated
Congress has the right to declare neutrality
Article 120
CORRESPONDENCE WITH HOSTILE COUNTRY
ELEMENTS:
a. That it is in time of war in which the Philippines is involved
Article 121
FLIGHT TO ENEMYS COUNTRY
ELEMENTS
a. That there is a war in which the Philippines is involved
b. That the offender (Filipino or resident alien) must be owing allegiance to the
government
c. That the offender attempts to flee or go to enemy country
d. That going to enemy country is prohibited by competent authority
Mere attempt consummates the crime
There must be a prohibition. If none, even if went to enemy country no violation
Alien resident may be guilty here.
Article 122
PIRACY
Piracy
Robbery or forcible degradation on the
high seas, without lawful authority and
done with animo furandi and in the spirit
Mutiny
Unlawful resistance to a superior officer, or
the raising of commotion and disturbances
on board a ship against the authority of its
commander
CIRCUMSTANCES:
a. Whenever they have seized a vessel by boarding or firing upon the same
b. Whenever the pirates have abandoned their victims without means of saving
themselves
c. Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape. (the above may result to qualified mutiny)
Parricide/infanticide should be included (Judge Pimentel)
Note the new rape law. Death is imposed in certain types of rape
There is a conflict between this provision and the provision on rape. Ex. If rape is
committed on someone below 7 death under the new rape law. But if rape
committed on someone below 7 during the time of piracy RP to death.
Irreconcilable.
Murder/rape/homicide/physical injuries must have been committed on the
passengers or complement
TITLE TWO
ELEMENTS:
a. That the offender is a public officer or employee (whose official duties include the
authority to make an arrest and detain persons; jurisdiction to maintain peace
and order).
b. That he detains a person (actual restraint).
c. That the detention was without legal grounds (cannot be committed if with
warrant).
Detention: when a person is placed in confinement or there is a restraint on his
person.
Though the elements specify that the offender be a public officer or employee,
private individuals who conspire with public officers can also be liable.
Legal grounds for the detention of any person:
a. commission of a crime
b. violent insanity or other ailment requiring compulsory confinement of the patient
in a hospital
Without legal grounds:
a. he has not committed any crime or no reasonable ground of suspicion that he
has committed a crime
b. not suffering from violent insanity or any other ailment requiring compulsory
confinement in a hospital
Know grounds for warrantless arrest:
Article 125
DELAY IN THE DELIVERY OF DETAINED PERSONS
ELEMENTS:
a. That the offender is a public officer or employee
b. That he has detained a person for some legal grounds
c. That he fails to deliver such person to the proper judicial authority within:
1. 12 hours, if detained for crimes/offenses punishable by light penalties, or their
equivalent
2. 18 hours, for crimes/offenses punishable by correctional penalties, or their
equivalent or
3. 36 hours, for crimes/offenses punishable by capital punishment or afflictive
penalties, or their equivalent
Really means delay in filing necessary information or charging of person detained in
court. May be waived if a preliminary investigation is asked for.
Does not contemplate actual physical delivery but at least there must be a complaint
filed. Duty complied with upon the filing of the complaint with the judicial authority
(courts, prosecutors though technically not a judicial authority, for purposes of this
article, hes considered as one.)
The filing of the information in court does not cure illegality of detention. Neither does
it affect the legality of the confinement under process issued by the court.
To escape from this, officers usually ask accused to execute a waiver which should
be under oath and with assistance of counsel. Such waiver is not violative of the
accused constitutional right.
What is length of waiver? Light offense 5 days. Serious and less serious offenses
7 to 10 days. (Judge Pimentel)
Article does not apply when arrest is via a warrant of arrest
If offender is a private person, crime is illegal detention
Article 126
DELAYING RELEASE
ELEMENTS:
a. That the offender is a public officer or employee
b. That there is a judicial or executive order for the release of a prisoner or
detention prisoner, or that there is a proceeding upon a petition for the liberation
of such person
c. That the offender without good reason delays:
Article 127
EXPULSION
ELEMENTS:
a. That the offender is a public officer or employee
b. That he expels any person from the Philippines, or compels a person to change
his residence
c. That the offender is not authorized to do so by law
2 acts punishable:
a. by expelling a person from the Philippines
b. by compelling a person to change his residence
(The crime of expulsion absorbs that of grave coercion. If done by a private person,
will amount to grave coercion)
i.e.,Villavicencio v. Lukban: prostitutes case
Does not include undesirable aliens; destierro; or when sent to prison
If X (Filipino) after he voluntarily left, is refused re-entry is considered forcing him to
change his address here
Threat to national security is not a ground to expel or change his address.
Article 128
VIOLATION OF DOMICILE
ELEMENTS:
a. That the offender is a public officer or employee
b. That he is not authorized by judicial order to enter the dwelling and/or to make a
search therein for papers or other effects
c. That he commits any of the following acts:
1. entering any dwelling against the will of the owner thereof
2. searching papers or other effects found therein without the previous consent
of such owner
3. refusing to leave the premises, after having surreptitiously entered said
dwelling and after having been required to leave the same
Aggravating Circumstance (medium and maximum of penalty imposed):
a. offense committed at nighttime
b. papers or effects not constituting evidence of a crime be not returned
immediately
If the offender who enters the dwelling against the will of the owner thereof is a
private individual, the crime committed is trespass to dwelling (Art 280)
When a public officer searched a person outside his dwelling without a search
warrant and such person is not legally arrested for an offense, the crime committed
by the public officer is grave coercion, if violence or intimidation is used (Art 286), or
unjust vexation, if there is no violence or intimidation (Art 287)
A public officer without a search warrant cannot lawfully enter the dwelling against
the will of the owner, even if he knew that someone in that dwelling is having
unlawful possession of opium
3 acts punishable:
a. person enters dwelling w/o consent or against the will
b. person enters and searches for papers and effects
c. person entered secretly and refuses to leave after being asked to
Being authorized by law means with search warrant, save himself or do some
things good for humanity
There must be expression that entry is denied or that he is asked to leave
Papers and effects need not be part of a crime.
Article 129
SEARCH WARRANTS MALICIOUSLY OBTAINED
ELEMENTS:
a. That the offender is a public officer or employee
b. That he procures a search warrant
c. That there is no just cause
ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING AUTHORITY OR USING
UNNECESSARY SEVERITY IN EXECUTING A SEARCH WARRANT LEGALLY
PROCURED
ELEMENTS:
a. That the offender is a public officer or employee
b. That he has legally procured a search warrant
c. That he exceeds his authority or uses unnecessary severity in executing the
same
Search warrant is valid for 10 days from its date
Search warrant is an order in writing issued in the name of the People, signed by the
judge and directed to a public officer, commanding him to search for personal
property described therein and bring it before the court
No just cause warrant is unjustified
Search limited to what is described in the warrant, all details must be with
particularity
Malicious warrant. Example. X was a respondent of a search warrant for illegal
possession of firearms. A return was made. The gun did not belong to X and the
witness had no personal knowledge that there is a gun in that place.
Abuse examples:
a. X owner was handcuffed while search was going-on.
b. Tank was used to ram gate prior to announcement that a search will be made
c. Persons who were not respondents were searched
Article 130
ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES:
a. That the offender is a public officer or employee
b. That he is armed with a search warrant legally procured
c. That he searches the domicile, papers or other belongings of any person
d. That the owner, or any member of his family, or two witnesses residing in the
same locality are not present
Order of those who must witness the search:
a. Homeowner
b. Members of the family of sufficient age and discretion
c. Responsible members of the community (cant be influenced by the searching
party)
Validity of the search warrant can be questioned only in 2 courts: where issued or
where the case is pending. Latter is preferred for objective determination.
Article 131
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS
ELEMENTS:
a. Offender is a public officer or employee
b. He performs any of the ff. acts:
1. prohibiting or interrupting, without legal ground the holding of a peaceful
meeting, or dissolving the same (e.g. denial of permit in arbitrary manner).
2. 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
If the offender is a private individual, the crime is disturbance of public order (Art 153)
Meeting must be peaceful and there is no legal ground for prohibiting, dissolving or
interrupting that meeting
Meeting is subject to regulation
Offender must be a stranger, not a participant, in the peaceful meeting; otherwise,
its unjust vexation
Interrupting and dissolving a meeting of the municipal council by a public officer is a
crime against the legislative body, not punishable under this article
The person talking on a prohibited subject at a public meeting contrary to agreement
that no speaker should touch on politics may be stopped
But stopping the speaker who was attacking certain churches in public meeting is a
violation of this article
Prohibition must be without lawful cause or without lawful authority
Those holding peaceful meetings must comply with local ordinances. Example:
Ordinance requires permits for meetings in public places. But if police stops a
meeting in a private place because theres no permit, officer is liable for stopping the
meeting.
Article 132
INTERRUPTION OF RELIGIOUS WORSHIP
ELEMENTS:
a. That the officer is a public officer or employee
b. That religious ceremonies or manifestations of any religion are about to take
place or are going on
c. That the offender prevents or disturbs the same
Circumstance qualifying the offense: if committed with violence or threats
Reading of Bible and then attacking certain churches in a public plaza is not a
ceremony or manifestation of religion, but only a meeting of a religious sect. But if
done in a private home, its a religious service
Religious Worship: people in the act of performing religious rites for a religious
ceremony; a manifestation of religion. Ex. Mass, baptism, marriage
X, a private person, boxed a priest while the priest was giving homily and while the
latter was maligning a relative of X. Is X liable? X may be liable under Art 133
because X is a private person.
When priest is solemnizing marriage, he is a person in authority, although in other
cases, hes not.
Article 133
OFFENDING RELIGIOUS FEELINGS
ELEMENTS:
a. That the acts complained of were performed
1. in a place devoted to religious feelings, or (for this element, no need of
religious ceremony, only the place is material)
2. during the celebration of any religious ceremony
b. That the acts must be notoriously offensive to the feelings of the faithful
(deliberate intent to hurt the feelings)
c. The offender is any person
d. There is a deliberate intent to hurt the feelings of the faithful, directed against
religious tenet
If in a place devoted to religious purpose, there is no need for an ongoing religious
ceremony
Example of religious ceremony (acts performed outside the church). Processions
and special prayers for burying dead persons but NOT prayer rallies
Acts must be directed against religious practice or dogma or ritual for the purpose of
ridicule, as mocking or scoffing or attempting to damage an object of religious
veneration
There must be deliberate intent to hurt the feelings of the faithful, mere arrogance or
rudeness is not enough
CRIME
Prohibition,
Interruption and
Dissolution
of
Peaceful
Meeting (131)
Interruption
of
Religious
Worship (132)
Nature of Crime
Who are Liable
If Element Missing
Crime against the Public officers, If not by public officer =
fundamental law of Outsiders
tumults
the state
ELEMENTS:
a. That there be
1. public uprising and
2. taking arms against the government (force/violence)
b. That the purpose of the uprising or movement is either
1. to remove from the allegiance to said government or its laws
i. the territory of the Philippines or any part thereof, or
ii. any body of land, naval or other armed forces, or
2 To deprive the chief executive or congress, wholly or partially, of any of their
powers or prerogatives
Persons liable for rebellion
a. Any person who:
1. promotes
2. maintains, or
3. heads a rebellion or insurrection; or
b. Any person who, while holding any public office or employment, takes part
therein by:
1. engaging in war against the forces of the government
2. destroying property or committing serious violence
3. exacting contributions or diverting public funds from the lawful purpose for
which they have been appropriated (Note: diverting public funds is
malversation absorbed in rebellion);
4. Any person merely participating or executing the command of others in
rebellion
Success is immaterial, purpose is always political
Rebellion used where the object of the movement is completely to overthrow and
supersede the existing government
Insurrection refers to a movement which seeks merely to effect some change of
minor importance to prevent the exercise of govt authority w/ respect to particular
matters or subjects
Actual clash of arms w/ the forces of the govt, not necessary to convict the accused
who is in conspiracy w/ others actually taking arms against the govt
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Article 134-A
COUP D ETAT
ELEMENTS:
a. Swift attack
b. Accompanied by violence, intimidation, threat, strategy or stealth
c. Directed against:
1.
duly constituted authorities
2.
any military camp or installation
3.
communication networks or public utilities
4.
other facilities needed for the exercise and continued possession of
power
5.
Singly or simultaneously carried out anywhere in the Philippines
6.
Committed 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
7.
With or without civilian support or participation
8.
Purpose of seizing or diminishing state power
Crime may be committed by a single person, any government employee and even by
civilian
Taking up of arms not even necessary, what is important is violence, threat,
intimidation, strategy or stealth
Treason (114)
Rebellion (134)
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Nature of Crime
against Crime
against Crime
Crime
National Security Public Order
against
Public Order
Overt
levying
war Public uprising
See article.
Acts
against the govt;
AND
OR
Taking up arms
adherence
and against the govt
giving
aid
or
comfort
to
enemies
Purpose
Deliver the govt See article.
Seizing
or
of
to enemy during
diminishing
objective war
state power.
Crime
against
Public Order
Rising publicly or
tumultuously
(caused by more
than 3 armed men
or provided with
means of violence)
See enumeration in
article.
Article 135
PENALTIES
In Government Service
Not in Government Service
Anyone who leads, directs, commands others Anyone who participates or in an manner,
to undertake a coup.
supports, finances, abets, aids in a coup.
Serious violence is that inflicted upon civilians, which may result in homicide. It is not
limited to hostilities against the armed force.
Diverting public funds is malversation absorbed in rebellion
a. Public officer must take active part because mere silence or omission not
punishable in rebellion
b. It is not a defense in rebellion that the accused never took the oath of allegiance
to, or that they never recognized the government
c. Rebellion cannot be complexed with murder and other common crimes
committed in pursuance of the movement to overthrow the government
d. Killing, robbing etc for private persons or for profit, without any political
motivation, would be separately punished and would not be absorbed in the
rebellion.
Article 136
CONSPIRACY TO COMMIT REBELLION OR INSURRECTION
ELEMENTS:
a. 2 more persons come to an agreement to rise publicly and take arms against the
government
b. For any of the purposes of rebellion
c. They decide to commit it
PROPOSAL TO COMMIT REBELLION OR INSURRECTION (136)
ELEMENTS:
a. A person who has decided to rise publicly and take arms the government
b. For any of the purposes of rebellion
c. Proposes its execution to some other person/s
Organizing a group of soldiers, soliciting membership in, and soliciting funds for the
organization show conspiracy to overthrow the govt
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The mere fact of giving and rendering speeches favoring Communism would not
make the accused guilty of conspiracy if theres no evidence that the hearers then
and there agreed to rise up in arms against the govt
Conspiracy must be immediately prior to rebellion
If it is during the rebellion, then it is already taking part in it.
Article 137
DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES
ELEMENTS:
a. Failing to resist rebellion by all the means in their power
b. Continuing to discharge the duties of their offices under the control of rebels
c. Accepting appointment to office under rebels
Presupposes existence of rebellion
Must not be in conspiracy with rebels or coup plotters
If there are means to prevent the rebellion but did not resist it, then theres disloyalty.
If there are no means, no fault
If position is accepted in order to protect the people, not covered by this
The collaborator must not have tried to impose the wishes of the rebels of the
people.
Article 138
INCITING TO REBELLION OR INSURRECTION
ELEMENTS:
a. That the offender does not take arms or is not in open hostility against the
government
b. That he incites others to the execution of any of the acts of rebellion
c. That the inciting is done by means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same end
Intentionally calculated to seduce others to rebellion
There must be uprising to take up arms and rise publicly for the purposes indicated
in Art 134
has
Article 139
SEDITION
ELEMENTS:
a. That the offenders rise
1. Publicly (if no public uprising = tumult and other disturbance of public order)
2. Tumultuously (vis--vis rebellion where there must be a taking of arms)
b. That they employ force, intimidation, or other means outside of legal methods
c. That the offenders employ any of those means to attain any of the following
objects:
1. to prevent the promulgation or execution of any law or the holding of any
popular election
2. to prevent the national government, or any provincial or municipal
government, or any public thereof from freely exercising its or his functions,
or prevent the execution of any administrative order
3. to inflict any act or hate or revenge upon the person or property of any public
officer or employee
4. to commit for any political or social end, any act of hate or revenge against
private persons or any social class (hence, even private persons may be
offended parties)
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5. 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
Sedition: raising of commotion or disturbances in the State. Its ultimate object is a
violation of the public peace or at least such measures that evidently engenders it.
Difference from rebellion object or purpose of the surprising. For sedition
sufficient that uprising is tumultuous. In rebellion there must be taking up of arms
against the government.
Sedition purpose may be either political or social. In rebellion always political
Tumultuous caused by more than 3 persons who are armed or provided with
means of violence
Preventing public officers from freely exercising their functions
In sedition offender may be a private or public person (Ex. Soldier)
Public uprising and the object of sedition must concur
Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO. Crimes
committed in that case were independent of each other.
Preventing election through legal means NOT sedition
But when sugar farmers demonstrated and destroyed the properties of sugar barons
sedition
Persons liable for sedition:
a. leader of the sedition, and
b. other persons participating in the sedition
Article 142
INCITING TO SEDITION
ELEMENTS:
a. That the offender does not take a direct part in the crime of sedition
b. That he incites others to the accomplishment of any of the acts which constitute
sedition (134)
c. That the inciting is done by means of speeches, proclamations, writing, emblems,
cartoons, banners, or other representations tending to the same end (purpose:
cause commotion not exactly against the government; actual disturbance not
necessary)
Different acts of inciting to sedition:
a. Inciting others to the accomplishment of any of the acts which constitute sedition
by means of speeches, proclamations, writings, emblems etc.
b. Uttering seditious words or speeches which tend to disturb the public peace or
writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against
the government or any of the duly constituted authorities thereof, which tend to
disturb the public peace
c. Knowingly concealing such evil practices
When punishable:
a. when they tend to disturb or obstruct any lawful officer in executing the functions
of his office; or
b. when they tend to instigate others to cabal and meet together for unlawful
purposes
c. when they suggest or incite rebellious conspiracies or riots; or
d. when they lead or tend to stir up the people against the lawful authorities or to
disturb the peace of the community, the safety and order of the government
II. CRIMES AGAINST POPULAR REPRESENTATION
Article 143
ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR
BODIES
ELEMENTS:
a. That there be a projected or actual meeting of Congress or any of its committees
or subcommittees, constitutional commissions or committees or division thereof,
or of any provincial board or city or municipal council or board
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b. That the offender who may be any persons prevents such meeting by force or
fraud
Chief of Police and mayor who prevented the meeting of the municipal council are
liable under Art 143, when the defect of the meeting is not manifest and requires an
investigation before its existence can be determined.
Article 144
DISTURBANCE OF PROCEEDINGS
ELEMENTS:
a. That there be a meeting of Congress or any of its committees, constitutional
commissions or committees or divisions thereof, or of any provincial board or city
or municipal council or board
b. That the offender does any of the following acts
1. he disturbs any of such meetings
2. 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
Complaint must be filed by member of the Legislative body. Accused may also be
punished for contempt.
Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY
Acts punishable:
a. By using force, intimidation, threats, or frauds to prevent any member of
Congress from
1. attending the meeting of the assembly or any of its committees, constitutional
commissions or committees or divisions thereof, or from
2. expressing his opinions or
3. casting his vote
b. By arresting or searching any member thereof while Congress is in a regular or
special session, except in case such member has committed a crime punishable
under the code by a penalty higher than prision mayor
Elements:
1. That the offender is a public officer or employee
2. That he arrests or searches any member of Congress
3. That Congress, at the time of arrest or search, is in a regular or special
session
4. That the member searched has not committed a crime punishable under the
code by a penalty higher than prision mayor (1987 constitution: privilege from
arrest while congress in session in all offenses punishable by not more than 6
years imprisonment).
Article partly inoperative because of the 1987 Constitution
III. ILLEGAL ASSEMBLIES AND ASSOCIATIONS
Article 146
ILLEGAL ASSEMBLIES
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b. persons merely present at the meeting (except when presence is out of curiosity
not liable)
Responsibility of persons merely present at the meeting
a. if they are not armed, penalty is arresto mayor
b. if they carry arms, like bolos or knives, or licensed firearms, penalty is prision
correccional
Presumptions if person present at the meeting carries an unlicensed firearm:
a. purpose of the meeting is to commit acts punishable under the RPC
b. considered as leader or organizer of the meeting
Article 147
ILLEGAL ASSOCIATIONS
ELEMENTS:
a. Organized totally or partially for the purpose of committing any of the crimes in
RPC
b. Or for some purpose contrary to public morals
Persons liable:
a. founders, directors and president of the association
b. mere members of the association
Illegal Assembly (146)
Must be an actual meeting of armed
persons to commit any of the crimes
punishable under the RPC, or of individuals
who, although not armed, are incited to the
commission of treason, rebellion, sedition
or assault upon a person in authority of his
agent.
It is the meeting and the attendance at such
that are punished
Persons liable: leaders and those present
and
and
Article 148
DIRECT ASSAULT
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The force employed need not be serious when the offended party is a person in
authority (ex. Laying of hands)
The intimidation or resistance must be serious whether the offended party is an
agent only or a person in authority (ex. Pointing a gun)
Person in Authority
Agent
Force Employed
Need not be serious
Must be of serious character
Intimidation/Resistance
Serious
Serious
Person in authority: any person directly vested with jurisdiction (power or authority to
govern and execute the laws) whether as an individual or as a member of some
court or governmental corporation, board or commission
A barangay captain is a person in authority, so is a Division Superintendent of
schools, President of Sanitary Division and a teacher
Agent: is 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. (Example. Barrio councilman and any
person who comes to the aid of the person in authority, policeman, municipal
treasurer, postmaster, sheriff, agents of the BIR, Malacaang confidential agent)
Even when the person in authority or the agent agrees to fight, still direct assault.
When the person in authority or the agent provoked/attacked first, innocent party is
entitled to defend himself and cannot be held liable for assault or resistance nor for
physical injuries, because he acts in legitimate self-defense
There can be no assault upon or disobedience to one authority by another when they
both contend that they were in the exercise of their respective duties.
When assault is made by reason of the performance of his duty there is no need for
actual performance of his official duty when attacked
Circumstances qualifying the offense (Qualified Assault):
a. when the assault is committed with a weapon
b. when the offender is a public officer or employee
c. when the offender lays hand upon a person in authority
Complex crime of direct assault with homicide or murder, or with serious physical
injuries.
Direct assault cannot be committed during rebellion.
Article 149
INDIRECT ASSAULT
ELEMENTS:
a. That a person in authority or his agent is the victim of any of the forms of direct
assault defined in ART. 148.
b. That a person comes to the aid of such authority or his agent.
c. That the offender makes use of force or intimidation upon such person coming to
the aid of the authority or his agent.
Indirect assault can be committed only when a direct assault is also committed
To be indirect assault, the person who should be aided is the agent (not the person
in authority because it is already direct assault, the person coming to the aid of the
person in authority being considered as an agent and an attack on the latter is
already direct assault). Example. Aiding a policeman under attack.
Article 150
DISOBEDIENCE TO SUMMONS
Acts punishable:
a. refusing without legal excuse to obey summons
b. refusing to be sworn or placed under affirmation
c. refusing to answer any legal inquiry to produce books, records etc.
d. restraining another from attending as witness in such body
e. inducing disobedience to a summons or refusal to be sworn
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Article 151
RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF
SUCH PERSON (par. 1)
ELEMENTS:
a. That a person in authority or his agent is engaged in the performance of official
duty or gives a lawful order to the offender.
b. That the offender resists or seriously disobeys such person in authority or his
agent.
c. That the act of the offender is not included in the provisions of arts. 148, 149 and
150.
SIMPLE DISOBEDIENCE (par. 2)
ELEMENTS:
a. That an agent of a person in authority is engaged in the performance of official
duty gives a lawful order to the offender.
b. That the offender disobeys such agent of a person in authority.
c. That such disobedience is not of a serious nature.
Direct Assault (148)
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Article 153
Article 154
TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL
UTTERANCES:
a. 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 cause damage to the interest or credit of the State.
b. 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
c. Maliciously publishing or causing to be published any official resolution or
document without proper authority, or before they have been published officially
d. Printing, publishing or distributing or (causing the same) books, pamphlets,
periodicals or leaflets which do not bear the real printers name or which are
classified as anonymous.
Article 155
TYPES OF ALARMS AND SCANDALS:
a. Discharging any firearm, rocket, firecracker, or other explosive within any town or
public place, calculated to cause alarm or danger
b. Instigating or taking active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility
c. Disturbing the public peace while wandering about at night or while engaged in
any other nocturnal amusement
d. Causing any disturbance or scandal in public places while intoxicated or
otherwise, provided the act is not covered by Art 153 (tumult).
Charivari mock serenade or discordant noises made with kettles, tin horns etc,
designed to deride, insult or annoy
Firearm must not be pointed at a person, otherwise, it is illegal discharge
What governs is the result, not the intent
CRIME
Nature of Crime
Tumults
and
other Crime against Public Order
Disturbances (153)
Alarms and Scandals (155)
Crime against Public Order
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Article 156
ELEMENTS OF DELIVERING PRISONERS FROM JAILS:
a. That there is a person confined in a jail or penal establishment.
b. That the offender removes therefor such person, or helps the escape of such
person (if the escapee is serving final judgement, he is guilty of evasion of
sentence).
c. Offender is a private individual
Prisoner may be detention prisoner or one sentenced by virtue of a final judgment
A policeman assigned to the city jail as guard who while off-duty released a prisoner
is liable here
It may be committed through negligence
Circumstances qualifying the offense is committed by means of violence,
intimidation or bribery.
Mitigating circumstance if it takes place outside the penal establishment by taking
the guards by surprise
VI. EVASION OF SENTENCE OR SERVICE
Article 157
ELEMENTS OF EVASION OF SERVICE OF SENTENCE:
a. That the offender is a convict by final judgment.
b. That he is serving his sentence which consists in deprivation of liberty
(destierro included)
c. That he evades the service of his sentence by escaping during the term if his
sentence. (fact of return immaterial).
A continuing offense.
Offenders not minor delinquents nor detention prisoners
If escaped within the 15 day appeal period no evasion
No applicable to deportation as the sentence
Flimsy excuse for violating destierro not acceptable
Circumstances qualifying the offense (done thru):
a. unlawful entry (by scaling)
b. breaking doors, windows, gates, walls, roofs or floors
c. using picklocks, false keys, disguise, deceit, violence or intimidation
d. connivance with other convicts or employees of the penal institution
Article 158
ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR OTHER CALAMITIES:
a. That the offender is a convict by final judgement who is confined in a penal
institution.
b. That there is disorder, resulting from- 1. conflagration,
2. earthquake,
3. explosion, or
4. similar catastrophe, or
5. mutiny in which he has not participated.
c. 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.
d. That the offender fails to give himself up to the authorities within 48 hours
following the insurance of a proclamation by the chief executive announcing
the passing away of such calamity.
Penalty: an increase by 1/5 of the time remaining to be served under the original
sentence, in no case to exceed 6 months.
Offender must escape to be entitled to allowance
Mutiny organized unlawful resistance to a superior officer, a sedition, a revolt
Disarming the guards is not mutiny
Article 159
VIOLATION OF CONDITIONAL PARDON
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ELEMENTS:
a. That the offender was a convict.
b. That he was granted a conditional pardon by the chief executive.
c. That he violated any of the conditions of such pardon.
Condition extends to special laws violation of illegal voting
Offender must have been found guilty of the subsequent offense before he can be
prosecuted under this Article. But if under Revised Admin Code, no conviction
necessary. President has power to arrest, reincarnate offender without trial
VIOLATION OF PARDON
ORDINARY EVASION
Infringement of conditions/terms of To evade the penalty given by the courts
President
disturbs the public order
Article 160
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED
FOR ANOTHER PREVIOUS OFFENSE-PENALTY: (quasi-recidivism)
ELEMENTS
a. That the offender was already convicted by final judgement of one offense.
b. That he committed a new felony before beginning to serve such sentence or
while serving the same.
Quasi-recidivism : a person after having been convicted by final judgement shall
commit a new felony before beginning to serve such sentence, or while serving the
same.
Second crimes must belong to the RPC, not special laws. First crime may be either
from the RPC or special laws
Reiteracion: offender shall have served out his sentence for the prior offense
A quasi-recidivist may be pardoned at age 70. Except: Unworthy or Habitual
Delinquent
If new felony is evasion of sentence offender is not a quasi-recidivist
Penalty: maximum period of the penalty for the new felony should be imposed
(mitigating circumstance can only be appreciated if the maximum is divisible)
Quasi-Recidivism may be offset by a special privileged mitigating circumstance (ex.
Minority)
TITLE FOUR
I. CRIMES AGAINST PUBLIC INTEREST
Article 161
TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT:
a. Forging the great seal of the Government
b. Forging the signature of the President
c. Forging the stamp of the President
When the signature of the President is forged, it is not falsification but forging of
signature under this article
Signature must be forged, others signed it not the President.
Article 162
USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP:
a. That the great seal of the republic was counterfeited or the signature or
stamp of the chief executive was forged by another person.
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Article 163
ELEMENTS OF MAKING AND IMPORTING AND UTTERING FALSE COINS:
a. That there be false or counterfeited coins (need not be legal tender).
b. That the offender either made, imported or uttered such coins.
c. That in case of uttering such false or counterfeited coins, he connives with
counterfeiters or importers.
Coin is counterfeit if it is forged, or if it is not an article of the government as legal
tender, regardless if it is of no value
Counterfeiting imitation of legal or genuine coin (may contain more silver, different
design) such as to deceive an ordinary person in believing it to be genuine
Utter to pass counterfeited coins, deliver or give away
Import to bring to port the same
Both Philippine and foreign state coins
Applies also to coins withdrawn from circulation
Essence of article: making of coins without authority
Article 164
ELEMENTS OF MULTILATION OF COINS IMPORTATION AND UTTERANCE:
This has been repealed by PD 247. Under this PD, the acts punishable are:
a. willful defacement
b. mutilation
c. tearing
d. burning
e. destruction of Central Bank notes and coins
Mutilation to take off part of the metal either by filling it or substituting it for another
metal of inferior quality, to diminish by inferior means (to diminish metal contents).
Foreign notes and coins not included. Must be legal tender.
Must be intention to mutilate.
Article 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE
2 Types
a. Possession of coin, counterfeited or mutilated by another person, with intent
to utter the same, knowing that it is false or mutilated.
ELEMENTS:
1. possession
2. with intent to utter, and
3. knowledge
b. Actually uttering such false or mutilated coin, knowing the same to be false or
mutilated.
ELEMENTS:
1. actually uttering, and
2. knowledge.
Possession does not require legal tender in foreign coins
Includes constructive possession
Read RA 427
Article 166
FORGING TREASURY OR BANK NOTES IMPORTING AND UTTERING
Acts punishable:
a. Forging or falsity of treasury/bank notes or documents payable to bearer
b. Importing of such notes
c. Uttering of such false or forged obligations and notes in connivance with
forgers and importers
Forging by giving a treasury or bank note or document payable to bearer/order an
appearance of a true and genuine document
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Article 167
ELEMENTS
OF
COUNTERFEITING,
IMPORTING,
AND
UTTERING
INSTRUMENTS NOT PAYABLE TO BEARER:
a. That there be an instrument payable to order or other document of credit not
payable to bearer.
b. That the offender either forged, imported or uttered such instruments.
c. That in case of uttering, he connived with the forger or importer.
Article 168
ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR
BANK NOTES AND OTHER INSTRUMENT OF CREDIT:
a. That any treasury or bank note or certificate or other obligation and security
payable to bearer, or any instrument payable to order or other document of
credit not payable to bearer is forged or falsified by another person.
b. That the offender knows that any of those instruments is forged or falsified.
c. That he performs any of these acts
1. using any of such forged or falsified instrument, or
2. possessing with intent to use any of such forged or falsified instrument.
Act sought to be punished: Knowingly possessing with intent to use any of such
forged treasury or bank notes
Article 169
FORGERY
How forgery is committed:
a. by giving to a treasury or bank note or any instrument payable to bearer or to
order, the appearance of a true and genuine document
b. by erasing, substituting, counterfeiting, altering by any means the figures, letters
or words, or signs contained therein.
if all acts done but genuine appearance is not given, the crime is frustrated
Article 170
ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS:
a. That these be a bill, resolution or ordinance enacted or approved or pending
approval by the national assembly or any provincial board or municipal council.
b. That the offender (any person) alters the same.
c. That he has no proper authority therefor.
d. That the alteration has changed the meaning of the document.
Accused must not be a public official entrusted with the custody or possession of
such document otherwise Art 171 applies .
Article 171
FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY
OR ECCLESTASTICAL MINISTER
ELEMENTS:
a. That the offender is a public officer, employee, or notary public.
b. That he takes advantage of his official position.
c. That he falsifies a document by committing any of the following acts:
1. Counterfeiting or imitating any handwriting, signature or rubric.
Requisites:
i. That there be an intent to imitate, or an attempt to imitate
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ii. That the two signatures or handwritings, the genuine and the forged,
bear some resemblance, to each other
(lack of similitude/imitation of a genuine signature will not be a ground
for conviction under par. 1 but such is not an impediment to conviction
under par. 2)
2. Causing it to appear that persons have participated in any act or proceeding
when they did not in fact so participate.
3. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them.
Requisites:
i. That the offender caused it to appear in a document that a person/s
participated in an act or a proceeding; and
ii. That such person/s did not in fact so participate in the act or
proceeding
4. Making untruthful statements in a narration of facts;
Requisites:
i. That the offender makes in a document statements in a narration of
facts
ii. That he has a legal obligation to disclose the truth of the facts
narrated by him; (required by law to be done) and
iii. That the facts narrated by the offender are absolutely false; and
iv. That the perversion or truth in the narration of facts was made with the
wrongful intent of injuring a third person
There must be a narration of facts, not a conclusion of law. Must be on a
material matter
Legal obligation means that there is a law requiring the disclosure of the
truth of the facts narrated. Ex. Residence certificates
The person making the narration of facts must be aware of the falsity of
the facts narrated by him. This kind of falsification may be committed by
omission
5. Altering true dates. date must be essential
6. Making any alteration or intercalation in a genuine document which changes
its meaning.
Requisites:
i. That there be an alteration (change) or intercalation (insertion) on a
document
ii. That it was made on a genuine document
iii. That the alteration/intercalation has changed the meaning of the
document
iv. That the change made the document speak something false.
7. Issuing in an authenticated form a document purporting to be a copy of an
original document when no such original exists, or including in such copy a
statement contrary to, or different from, that of the genuine original; (if no
knowledge, falsification through negligence) or
8. Intercalating any instrument or note relative to the issuance thereof in a
protocol, registry, or official book. (genuine document)
d. 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.
There is no crime of attempted or frustrated falsification of public document
Persons liable public officer, employee or notary public or ecclesiastical minister
If offender does not take advantage of his public position, he may still be liable for
falsification of documents by a private person
Document: any written statement by which a right is established or an obligation is
extinguished
Not necessary that what is falsified is a genuine or real document, enough that it
gives an appearance of a genuine article
Counterfeiting imitating any handwriting, signature or rubric
Feigning simulating a signature, handwriting, or rubric out of one of which does not
in fact exist
Article 172
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2. That the false document is embraced in art. 171 or in any subdivisions nos. 1
and 2 of art. 172.
3. That he introduced said document in evidence in any judicial proceeding.
(intent to cause damage not necessary)
b. Use in any other transaction
1. that the offender knew that a document was falsified by another person.
2. That the false document is embraced in art. 171 or in any of subdivisions nos.
1 and 2 of art. 172.
3. That he used such documents (not in judicial proceedings).
4. That the use of the documents caused damage to another or at least was
used with intent to cause such damage.
The user of the falsified document is deemed the author of falsification, if:
a. the use is so closely connected in time with the falsification
b. the user had the capacity of falsifying the document
AND
TELEPHONE
Acts punishable:
1. Uttering fictitious, wireless, telegraph or telephone message
Requisites:
a. That the offender is an officer or employee of the government or an officer
or employee of a private corporation, engaged in the service of sending or
receiving wireless, cable or telephone message.
b. That the accused commits any of the following acts:
- uttering fictitious wireless, cable, telegraph, or telephone message, or
- falsifying wireless, cable, telegraph, or telephone message
2. Falsifying wireless, telegraph or telephone message
Requisites:
a. That the offender is an officer or employee of the government or an officer
or employee of a private corporation, engaged in the service of sending or
receiving wireless, cable or telephone message.
b. That the accused commits any of the following acts:
- uttering fictitious wireless, cable, telegraph, or telephone message, or
- falsifying wireless, cable, telegraph, or telephone message
3. Using such falsified message
Requisites:
a. That the accused knew that wireless, cable, telegraph, or telephone
message was falsified by any of the person specified in the first
paragraph of art. 173.
b. That the accused used such falsified dispatch.
c. That the use of the falsified dispatch resulted in the prejudice of a third
party, or that the use thereof was with intent to cause such prejudice.
The public officer, to be liable must be engaged in the service of sending or receiving
wireless, cable and telegraph or telephone message
Article 174
FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES OF MERIT OR
SERVICE AND THE LIKE:
Persons liable:
a. Physician or surgeon who, in connection with the practice of his profession,
issued a false certificate (note: such certificate must refer to the illness or injury
of a person)
b. Public officer who issued a false certificate of merit of service, good conduct or
similar circumstances
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Acts punishable:
a. Making or introducing into the Philippines any stamps, dies or marks or other
instruments or implements for counterfeiting or falsification
b. Possessing with intent to use the instruments or implements for counterfeiting
or falsification made in or introduced into the Philippines by another person
The implement confiscated need not form a complete set
Constructive possession is also punished
II. OTHER FALSITIES
Article 177
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:
Article 178
USING FICTITIOUS NAME AND CONCEALING TRUE NAME
ELEMENTS (using fictitious name) :
a. That the offender uses a name other than his real name.
b. That he uses that fictitious name publicly.
c. That the purpose of the offender is
1. To conceal a crime,
2. To evade the execution of a judgment, or
3. To cause damage to public interest. (ex. Signing fictitious name for a
passport)
ELEMENTS (concealing true name):
a. that the offender conceals
1. his true name, and
2. all other personal circumstances.
b. that the purpose is only to conceal his identity.
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Article 179
ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:
a. That the offender makes use of insignia, uniform or dress.
b. That the insignia, uniform or dress pertains to an office not held by the
offender or to a class of persons of which he is not a member.
c. That said insignia, uniform or dress is used publicly and improperly.
an exact imitation of the dress or uniform is unnecessary
Article 180
ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT:
a. That there be a criminal proceeding.
b. That the offender testifies falsely under oath against the defendant therein.
c. That the offender who gives false testimony knows that it is false.
d. That the defendant against whom the false testimony is given is either acquitted
or convinced in a final judgment (prescriptive period starts at this point)
Requires criminal intent, cant be committed through negligence. Need not impute
guilt upon the accused
The defendant must at least be sentenced to a correctional penalty or a fine or must
have been acquitted
The witness who gave false testimony is liable even if the court did not consider his
testimony
Penalty is dependent upon sentence imposed on the defendant
Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case:
False testimony by negative statement is in favor of the defendant
False testimony need not in fact benefit the defendant
A statement of a mere opinion is not punishable
Conviction or acquittal is not necessary (final judgement is not necessary). The false
testimony need not influence the acquittal
A defendant who voluntarily goes up on the witness stand and falsely imputes the
offense to another person the commission of the offense is liable under this article. If
he merely denies the commission of the offense, he is not liable.
Basis of penalty: gravity of the felony charged against the defendant
Article 182
ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES:
a. That the testimony must be given in a civil case.
b. That the testimony must relate to the issues presented in said case.
c. That the testimony must be false.
d. That the false testimony must be given by the defendant knowing the same to be
false.
e. That the testimony must be malicious and given with an intent to affect the issues
presented in the said case
Not applicable when testimony given in a special proceeding (in this case, the crime
is perjury)
Basis of penalty: amount involved in the civil case
Article183
ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN
AFFIRMATION:
a. That an accused made a statement under oath or made an affidavit upon a
material matter.
b. That the statement or affidavit was made before a competent officer,
authorized to receive and administer oath.
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c. That in that statement or affidavit, the accused made a willful and deliberate
assertion of a falsehood, and
d. That the sworn statement or affidavit containing the falsity is required by law.
Article 184
ELEMENTS OF OFFERING FALSE TESTIMONY IN EVIDENCE:
a That the offender offered in evidence a false witness or false testimony.
b That he knew the witness or the testimony was false.
c That the offer was made in a judicial or official proceeding.
Article applies when the offender without inducing another, but knowing him to be a
false witness, presented him and the latter testified falsely in a judicial or official
proceeding
The false witness need not be convicted of false testimony. The mere offer is
sufficient.
III. FRAUDS
Article 185
ELEMENTS OF MACHINATIONS IN PUBLIC AUCTION:
a That there be a public auction.
b That the accused solicited any gift or a promise from any of the bidders.
c That such gifts or promise was the consideration for his refraining from taking
part in that public auction.
d That the accused had the intent to cause the reduction of the price of the thing
auctioned.
ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY:
a That there be a public auction.
b That the accused attempted to cause the bidders to stay away from that public
auction
c That it was done by threats, gifts, promises, or any other artifice.
d That the accused had the intent to cause the reduction of the price of the thing
auctioned.
Article 186
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE:
Acts punished:
a. Combination to prevent free competition in the market
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Article 187
ELEMENTS OF IMPORTATION AND DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER
PRECIOUS METALS OR THEIR ALLOYS:
a That the offender imports, sells or disposes of any of those articles or
merchandise.
b That the stamps, brands, or marks or those articles or merchandise fails to
indicate the actual fineness or quality of said metals or alloys.
c That the offender knows that the said stamp, brand, or mark fails to indicate the
actual fineness or quality of the metals or alloys.
Article 188
SUBSTITUTING ALTERING TRADE-MARK, TRADENAME, OR SERVICE MARK
Acts punishable:
a By (a) substituting the trade name (t/n) or trademark (t/m) of some other
manufacturer or dealer or a colorable imitation thereof, for the t/n or t/m of the
real manufacturer or dealer upon any article of commerce and (b) selling the
same.
b By selling or by offering for sale such article of commerce, knowing that the t/n or
t/m has been fraudulently used
c By using or substituting the service mark of some other person, or a colorable
imitation of such marks, in the sale or advertising of services
d By printing, lithographing or reproducing t/n, t/m or service mark of one person,
or a colorable limitation thereof, to enable another person to fraudulently use the
same, knowing the fraudulent purpose for which it is to be used.
Article 189
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Acts punished:
a Unfair competition by selling his goods, giving them the general appearance of
the goods of another manufacturer or dealer
b Fraudulent designation of origin; false description by (a) affixing to his goods or
using in connection with his services a false designation of origin; or any false
description or representation, and (b) selling such goods or services
c Fraudulent registration by procuring fraudulently from the patent office the
registration of t/m, t/m or service mark.
ELEMENTS:
a That the offender gives his goods the general appearance of the goods of
another manufacturer or dealer
b That the general appearance is shown in the (a) goods themselves, or in the (b)
wrapping of their packages, or in the (c) device or words therein, or in (d) any
other feature of their appearance
c That the offender offers to sell or sells those goods or gives other persons a
chance or opportunity to do the same with a like purpose.
d That there is actual intent to deceive the public or defraud a competitor.
TITLE FIVE
CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS (190-194)
Acts Punishable:
a. importation of prohibited drugs
b. sale, administration, delivery, distribution and transportation of prohibited
drugs
c. maintenance of a den, dive or resort for prohibited drug users
d. being employees or visitors of drug den
e. manufacture of prohibited drugs
f. possession or use
g. cultivation of plants
h. failure to comply with provisions relative to keeping of records of prescription
i. unnecessary prescription
j. possession of opium pipe and other paraphernalia
k. Importation, sale, etc. of regulated drugs
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II.
III.
Rules:
a. Voluntary submission of a drug dependent to confinement, treatment and
rehabilitation by the drug dependent himself or through his parent, guardian or
relative within the 4th civil degree of consanguinity or affinity, in a center and
compliance with such conditions therefor as the Dangerous Drugs Board may
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prescribe shall exempt from criminal liability for possession or use of the
prohibited/regulated drug.
b. Should the drug dependent escape from the center, he may submit himself for
confinement within 1 week from the date of his escape, of his parent guardian or
relative may, within the same period surrender him for confinement.
c. Upon application of the Board, the Court shall issue an order for recommitment if
the drug dependent does not resubmit himself for confinement or if he is not
surrendered for recommitment.
d. If, subsequent to such recommitment, he should escape again, he shall no longer
be exempt from criminal liability for the use or possession of any dangerous drug.
e. If a person charged with an offense is found by the fiscal or by the Court at any
stage of the proceedings, to be a drug dependent, the fiscal or court as the case
may be, shall suspend all further proceedings and transmit records of the case to
the Board.
f. After his rehabilitation, he shall be prosecuted for such violation. In case of
conviction, the judgement shall, if the accused is certified by the treatment and
rehabilitation center to have maintained good behavior, indicate that he shall be
given full credit for the period he was confined in the center.
NOTE: When the offense is possession or use of dangerous drugs and the
accused is not a recidivist, the penalty thereof shall be deemed to have been
served in the center upon his release therefrom.
g. The period of prescription of the offense charged shall not run during the time
that the respondent/accused is under detention or confinement in a center.
h. Requisites of suspension of sentence for first offense in a minor:
1. If accused is a minor (under 18 years of age at the time of the commission of
the offense but not more than 21 years of age when the judgement should
have been promulgated.
2. He has not been previously convicted of violating any provision of this Act or
of the RPC or placed on probation.
Sentence shall be deferred and the accused shall be placed on probation
under the supervision of the Board.
In case of violation of conditions of pardon, court shall pronounce
judgement of conviction and he shall serve sentence.
If accused did not violate conditions of probation, case shall be dismissed
upon expiration of the designated period.
Notes:
a Cultivation of plants Sec 9 land, portions of land, greenhouse on which any of
the plants is cultivated confiscated and escheated to the State. UNLESS:
owner can prove that he had no knowledge of the cultivation despite due
diligence
b If land is part of the public domain maximum penalty imposed
c Possession of opium pipe and other paraphernalia prima facie evidence that
the possessor has smoked, consumed, administered himself, used prohibited
drugs
d Drug penalties of Reclusion Perpetua to Death or a fine of Php 500,000 to 10M
apply when:
Opium
40 grams up
Morphine
40 grams up
Shabu
200 grams up
Heroin
40 grams up
Indian hemp
750 grams up
MJ resin
50 grams up
Cocaine
40 grams up
Other drugs
Quantity far beyond therapeutic requirement
(if quantity is less than prescribed penalty is PC to RP depending upon
the quantity)
e RA 7659 PD 1619 Possession and Use of Volatile Substances
1. mere attempt to sell, import already a crime under Article 6
2. conspiracy to sell, deliver, import already a crime under Article 8
f Buy Bust Operation no law or rule to require policemen to adopt a uniform way
of identifying BUY MONEY (P v. Abedes)
g Absence of ultraviolet power is not fatal in the prosecution
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TITLE SIX
I. CRIMES AGAINST PUBLIC MORALS
GAMBLING (195-99 repealed by PDs 449, 483 and 1602 as amended)
1. Illegal cockfighting (PD 449)
2. Betting, game-fixing or point shaving and machinations in sports contests (PD 438)
3. Illegal gambling
PENALIZING BETTING, GAME-FIXING OR POINT-SHAVING AND
MACHINATIONS IN SPORTS CONTESTS
PD 483
Acts Punishable:
a. Betting: Betting money or any object or article of value of representative value
upon the result of any game, races and other sports contests.
b. Game-fixing: any arrangement, combination, scheme or agreement by which the
result of any game, races, or sports contests shall be predicated and/or known
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other than on the basis of the honest playing skill or ability of the players or
participants.
c. Point-shaving: any such arrangement combination, scheme or agreement by
which the skill or ability of any player or participant in a fame, races, or sports
contests to make points of scores shall be limited deliberately in order to
influence the result thereof in favor of one or other team, player or participant.
d. Game Machination: any other fraudulent, deceitful, unfair or dishonest means,
method, manner or practice employed for the purpose of influencing the result of
any game, races or sports contest.
COCKFIGHTING LAW OF 1974
PD 449
I.
II.
Scope This law shall govern the establishment, operation, maintenance and
ownership of cockpits.
Rules:
A. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed
to own, manage and operated cockpits.
B. Only one cockpit shall be allowed in each city or municipality with a
population of 100,000 or less.
C. Cockpits shall be constructed and operated within the appropriate areas as
prescribed in the Zoning Law or ordinance.
D. When allowed:
1. Cockfighting shall be allowed only in licensed cockpits during Sundays
and legal holidays and during local fiestas for not more than 3 days; or
2. During provincial, city or municipal, agricultural, commercial or industrial
fair, carnival or exposition for a similar period of 3 days upon resolution of
the province, city or municipality where such fair, carnival or exposition is
to be held, subject to the approval of the Chief of Constabulary or his
authorized representative.
Limitations:
a) No cockfighting on the occasion of such fair, carnival or exposition shall
be allowed within the month of the local fiesta or for more than 2
occasions a year in the same city of municipality.
b) No cockfighting shall be held on December 30, June 12,November 30,
Holy Thursday, Good Friday, Election Day and during registration days
for such election/referendum.
3. If the purpose is for the entertainment of foreign dignitaries or for tourists,
or for returning balikbayans, or for the support of national fund-raising
campaigns for charitable purposes as may be authorized by the Office of
the President upon resolution of a provincial board, city or municipal
council, in licensed cockpits or in playgrounds or parks.
Limitations: This privilege shall be extended for only one time, for a period
not exceeding 3 days, within a year to a province, city or municipality.
E. No gambling of any kind shall be permitted on the premises of the cockpit or
place of cockfighting during cockfights.
F. City or municipal mayors are authorized to issue licenses for the operation
and maintenance of cockpits.
II. OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
Article 200
ELEMENTS OF GRAVE SCANDAL:
a. Offender performs an act
b. Act is highly scandalous as offending against decency or good customs
c. Highly scandalous conduct does not expressly fall within any other article of
the RPC
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Article 201
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS:
Persons liable:
a. Those who publicly expound or proclaim doctrines that are contrary to public
morals
b. Authors of obscene literature, published with their knowledge in any form
c. Editors publishing such obscene literature
d. Owners or operators of establishments selling obscene literature
e. Those who exhibit indecent or immoral plays, scenes, acts or shows ion
theaters, fairs, cinemas or any other place
f. Those who sell, distribute, or exhibit prints, engraving, sculptures or literature
which are offensive to morals
Morals: implies conformity to generally accepted standards of goodness or rightness
in conduct or character
Test of obscenity: whether the matter has a tendency to deprave or corrupt the
minds of those who are open to immoral influences. A matter can also be considered
obscene if it shocks the ordinary and common sense of men as indecency.
However, Art 201 enumerates what are considered as obscene literature or immoral
or indecent plays, scenes or acts:
a. those w/c glorify criminals or condone crimes
b. those w/c serve no other purpose but to satisfy the market for violence, lust or
pornography
c. those w/c offend against any race or religion
d. those w/c tend to abet the traffic in and the use of prohibited drugs
e. those that are contrary to law, public order, morals, good customs, established
policies, lawful orders, decrees and edicts
Mere nudity in paintings and pictures is not obscene
Pictures w/ a slight degree of obscenity having no artistic value and intended for
commercial purposes fall within this article
Publicity is an essential element
Article 202
VAGRANTS AND PROSTITUTES:
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f.
Trespass to dwelling
Attempted theft
Vagrancy
Who are considered prostitutes - refer to women who habitually indulge in sexual
intercourse or lascivious conduct for money or profit (if a man indulges in the same
conduct: vagrancy)
TITLE SEVEN
CRIMES COMMITTED BY PUBLIC OFFICERS
Article 203
WHO ARE PUBLIC OFFICERS:
a. Takes part in the performance of public functions in the Government, or
b. Performs public duties as an employee, agent or subordinate official in the
govt or any of its branches
Notes:
a. Public officer must derive his authority from:
b. direct provision of law
c. popular election
d. appointment by competent authority
e. Public officers: embraces every public servant from the lowest to the highest
rank
f. A government laborer is not a public officer. However, temporary
performance by a laborer of public functions makes him a public officer
g. Misfeasance: means improper performance of an act which might be properly
be performed
h. Malfeasance: means performance of an act which ought not to be done
i. Nonfeasance: means omission of an act which ought to be done
MALFEASANCE AND MISFEASANCE IN OFFICE
Malfeasance
Misfeasance
Nonfeasance
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Article 205
ELEMENTS OF JUDGMENT RENDERED THROUGH NEGLIGENCE:
a. Offender is a judge
b. Renders a judgment in a case submitted to him for decision
c. Judgment is manifestly unjust
d. Due to inexcusable negligence or ignorance
Manifestly unjust judgment: one that is so contrary to law that even a person having
meager knowledge of the law cannot doubt the injustice
Article 206
ELEMENTS OF UNJUST INTERLOCUTORY ORDER:
a. That the offender is a judge.
b. That he performs any of the following acts:
1. knowingly renders unjust interlocutory order or decree, or
2. renders a manifestly unjust interlocutory order or decree through
inexcusable negligence or ignorance.
Interlocutory order: one issued by the court deciding a collateral or incidental matter.
It is not a final determination of the issues of the action or proceeding
Article 207
ELEMENTS OF MALICIOUS DELAY IN THE ADMINISTRATION OR JUSTICE:
a. That the offender is a judge.
b. That there is a proceeding in his court.
c. That he delays the administration of justice.
d. 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.
Mere delay without malice is not punishable
Article 208
ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF OFFENSES:
a. 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.
b. That there is dereliction of the duties of his office, that is, knowing the
commission of the crime, he does not cause (a) the prosecution of the
criminal (People vs. Rosales, G.R. no. 42648) or (b) knowing that a crime is
about to be committed he tolerates its commission (if gift/promise is a
consideration for his conduct: direct bribery)
c. That the offender acts with malice and deliberate intent to favor the violator of
the law.
PREVARICACION: negligence and tolerance in the prosecution of an offense
There must be a duty on the part of the public officer to prosecute or move for the
prosecution of the offender. Note however, that a fiscal is under no compulsion to file
an information based upon a complaint if he is not convinced that the evidence
before him does not warrant filing an action in court
The crime must be proved first before an officer can be convicted of dereliction of
duty
A public officer who harbors, conceals, or assists in the escape of an offender, when
it is his duty to prosecute him is liable as principal in the crime of dereliction of duty in
the prosecution of offenses. He is not an accessory
Article not applicable to revenue officers
Article 209
ELEMENTS OF BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR (NOT
NECESSARILY A PUBLIC OFFICER ALTHOUGH ALL LAWYERS ARE OFFICERS
OF THE COURT):
a. Causing damage to client (prejudice is essential) either
1. by any malicious breach of professional duty, or
2. by inexcusable negligence or ignorance.
b. Revealing any of the secrets of his client learned by him in his professional
capacity (damage not necessary)
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c. Undertaking the defense of the opposing party of the 1st client and/or having
received confidential information from the latter and without the latters
consent (damage not necessary)
Article 210
ELEMENTS OF DIRECT BRIBERY:
a. That the offender be a public officer within the scope of Art 203
b. That the offender accepts an offer or promise or receives a gift or present by
himself or through another
c. That such offer or promise be accepted or gift/present received by the public
officer (mere agreement consummates the crime)
1. with a view to committing some crime (delivery of consideration is not
necessary) or
2. in consideration of an execution if an act which does not constitute a
crime, but the act must be unjust (delivery of consideration is necessary),
or
3. to refrain from doing something which is his official duty to do
d. That the act which the offender agrees to perform or which he executes be
connected with the performance of his official duties
For purposes of this article, temporary performance of public functions is sufficient to
constitute a person a public officer. A private person may commit this crime only in
the case in which custody of prisoners is entrusted to him
Applicable also to assessors, arbitrators, appraisal and claim commissioners, experts
or any other person performing public duties
Cannot be frustrated, only attempted or consummated.
Bribery exists when the gift is:
a. voluntarily offered by a private person
b. solicited by the public officer and voluntarily delivered by the private person
c. solicited by the public officer but the private person delivers it out of fear of the
consequences should the public officer perform his functions (here the crime by
giver is not corruption of public officials due to involuntariness)
Actual receipt of the gift is not necessary. An accepted offer or promise of a gift is
sufficient. However, if the offer is not accepted, only the person offering the gift is
liable for attempted corruption of a public officer
The gift must have a value or capable of pecuniary estimation. It could be in the form
of money, property or services
If the act required of the public officer amounts to a crime and he commits it, he shall
be liable for the penalty corresponding to the crime
The third type of bribery and prevaricacion (art 208) are similar offenses, both
consisting of omissions to do an act required to be performed. In direct bribery
however, a gift or promise is given in consideration of the omission. This is not
necessary in prevaricacion
Bribery (210)
When the victim has committed a
crime and gives money/gift to avoid
arrest or prosecution.
Victim parts with his money or
property voluntarily.
Robbery (294)
When the victim did not commit a crime and he
is intimidated with arrest and/or prosecution to
deprive him of his personal property.
Victim is deprived of his money or property by
force or intimidation.
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40
3. Any application filed by him, the approval of which is not discretionary on the
part of the official(s) concerned but depends upon compliance with requisites
provided by law, or rules or regulations issued pursuant to law;
4. Any act lawfully performed an official capacity or in the exercise of a
profession.
e. Any member of congress, during the term for which he has been elected, who
shall acquire or receive any personal pecuniary interest in any specific
business enterprise which shall be directly and particularly favored or
benefited by any law or resolution authored by him previously approved or
adopted by Congress during his term.
f. Any public officer who shall fail to file a true, detailed and sworn statement of
assets and liabilities within 30 days after assuming office and thereafter on or
before the 15th day of April following the close of every calendar year, as well
as upon the expiration of his term of office, or upon his resignation or
separation from office (Sec. 7).
II. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. 8)
If a public official has been found to have acquired during his incumbency, whether in
his name or in the name of other persons, an amount of property and/or money
manifestly out of proportion to his salary and to his other lawful income.
Properties in the name of the spouse and dependents of such public official may be
taken into consideration, when their acquisition through legitimate means cannot be
satisfactorily shown.
Bank deposits in the name of or manifestly excessive expenditures incurred by the
public official, his spouse or any of their dependents including but not limited to
activities in any club or association or any ostentatious display of wealth including
frequent travel abroad of a non-official character by any public official when such
activities entail expenses evidently out of proportion to legitimate income.
III. Competent court: All prosecutions under this Act shall be within the original
jurisdiction of the
Sandiganbayan (Sec. 10).
IV. Prescription of offenses: all offenses punishable under this Act shall prescribe in 15
years (Sec. 11).
V. Exceptions: Unsolicited gifts or presents of small or insignificant value offered or given
as a mere ordinary token of gratitude of friendship according to local customs or usage,
shall be excepted from the provisions of this act (Sec. 14).
Article 211
ELEMENTS OF INDIRECT BRIBERY:
a. That the offender is a public officer.
b. That he accepts gifts.
c. That the said gifts are offered to him by reason of his office.
The gift is given in anticipation of future favor from the public officer
There must be clear intention on the part of the public officer to take the gift offered
and consider the property as his own for that moment. Mere physical receipt
unaccompanied by any other sign, circumstance or act to show such acceptance is
not sufficient to convict the officer
There is no attempted or frustrated indirect bribery
The principal distinction between direct and indirect bribery is that in the former, the
officer agrees to perform or refrain from doing an act in consideration of the gift or
promise. In the latter case, it is not necessary that the officer do any act. It is
sufficient that he accepts the gift offered by reason of his office
Public officers receiving gifts and private persons giving gifts on any occasion,
including Christmas are liable under PD 46.
The criminal penalty or imprisonment is distinct from the administrative penalty of
suspension from the service
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Article 211-A
ELEMENTS OF QUALIFIED BRIBERY
a. Public officer entrusted with law enforcement
b. Refrains from arresting/prosecuting offender for crime punishable by
reclusion perpetua and/or death
c. (if lower penalty than stated above, the crime is direct bribery)
d. In consideration of any offer, promise or gift
Article 212
ELEMENTS OF CORRUPTION OF PUBLIC OFFICIALS:
a. That the offender makes offers or promises or gives gifts or present to a
public officer.
b. That the offers or promises are made or the gifts or presents given to a public
officer, under circumstances that will make the public officer liable for direct
bribery or indirect bribery
The offender is the giver of the gift or the offeror of the promise. The act may or may
not be accomplished
Under PD 749, givers of bribes and other gifts as well as accomplices in bribery and
other graft cases are immune from prosecution under the following circumstances:
a. information refers to consummated violations
b. necessity of the information or testimony
c. the information and testimony are not yet in the possession of the State
d. information and testimony can be corroborated on its material points
e. informant has been previously convicted of a crime involving moral turpitude
See the Anti-graft and Corrupt Practices Act
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b. If sums are received without demanding the same, a felony under this article
is not committed. However, if the sum is given as a sort of gift or gratification,
the crime is indirect bribery
c. When there is deceit in demanding larger fees, the crime committed is estafa
d. May be complexed with malversation
e. Officers and employees of the BIR or Customs are not covered by the article
f. The NIRC of Administrative Code is the applicable law
Article 214
ELEMENTS OF OTHER FRAUDS:
a. That the offender is a public officer.
b. That he takes advantage of his official position.
c. That he commits any of the frauds or deceits enumerated in art. 315 and 316.
(estafa; swindling)
Note: RTC has jurisdiction over the offense because the principal penalty is
disqualification
Article 215
ELEMENTS OF PROHIBITED TRANSACTIONS:
a. That the offender is an appointive public officer.
b. That he becomes interested, directly or indirectly, in any transaction of
exchange or speculation.
c. That the transaction takes place within the territory subject to his jurisdiction.
d. That he becomes interested in the transaction during his incumbency.
Notes:
a. Examples of transactions of exchange or speculation are: buying and selling
stocks, commodities, land etc wherein one hopes to take advantage of an
expected rise or fall in price
b. Purchasing of stocks or shares in a company is simple investment and not a
violation of the article. However, regularly buying securities for resale is
speculation
Article 216
POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER :
Who are liable:
a. Public officer in any contract or business in which it is his official duty to
intervene.
b. Experts, arbitrators and private accountants in any contract or transaction
connected with the estate or property in the approval, distribution or
adjudication of which they had acted.
c. Guardians and executors with respect to property belonging to their wards
or the estate.
Notes:
a. Actual fraud is not necessary.
b. Act is punished because of the possibility that fraud may be committed or that
the officer may place his own interest above that of the Government or party
which he represents
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER
RA 7080
I.
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C.
D.
E.
F.
II.
Persons Liable:
A. Any public officer who, by himself or in connivance with members of his
family, relatives by affinity or consanguinity, business associates and
subordinates or other persons, amasses, accumulates, or acquires ill-gotten
wealth through a combination or series of overt or criminal acts as described
under (I) in the aggregate amount or total value of at least 50 million pesos,
shall be guilty of the crime of plunder (as amended by RA 7659).
B. Any person who participated with the said public officer in the commission of
plunder.
III.
Jurisdiction: All prosecutions under this At shall be within the original jurisdiction
of the Sandiganbayan.
IV.
Rule of Evidence:
For purposes of establishing the crime of plunder, it shall not be necessary to
prove each and every criminal act done by the accused in furtherance of the scheme
and conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to
establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the
overall unlawful scheme or conspiracy.
V.
Prescription of Crime:
The crime of plunder shall prescribe in 20 years. However, the right of the State
to recover properties unlawfully acquired by public officers from them or from their
nominees or transferees shall not be barred by prescription, laches or estoppel.
III. MALVERSATION OF PUBLIC FUNDS OR PROPERTY
Article 217
ELEMENTS COMMON TO ALL ACTS MALVERSATION OF PUBLIC FUNDS OR
PROPERTY :
a. That the offender be a public officer (or private person if entrusted with public
funds or connived with public officers)
b. That he had the custody or control of funds or property (if not accountable for
the funds, theft or qualified theft)
c. That those funds or property were public funds or property (even if private
funds if attached, seized, deposited or commingled with public funds)
d. That he:
1. Appropriated the funds or property
2. Took or misappropriated them
3. Consented or, through abandonment or negligence, permitted any other
person to take such public funds or property. (it is not necessary that the
offender profited thereby. His being remiss in the duty of safekeeping
public funds violates the trust reposed)
Malversation is otherwise called embezzlement
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Malversation (217)
Estafa with Abuse of Confidence (315)
Funds or property usually public
Funds/property are always private
Offender is usually a public officer who is Offender is a private individual or even a
accountable for the public funds/property
public officer who is not accountable for
public funds/property
Crime is committed by approaching, Crime is committed by misappropriating,
taking, or misappropriating/consenting, or converting, or denying having received
through abandonment or negligence, money, goods or other personal property
permitting any other person to take the
public funds/property
Article 218
ELEMENTS OF FAILURE OF ACCOUNTABLE OFFICER TO RENDER
ACCOUNTS :
a. That the offender is a public officer, whether in the service or separated
therefrom.
b. That he must be an accountable officer for public funds property.
c. That he is required by law or regulation to render accounts to the commission
on audit, or to a provincial auditor.
d. That he fails to do so for a period of two months after such accounts should
be rendered.
Note: Demand and misappropriation are not necessary
Article 219
ELEMENTS OF FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER
ACCOUNTS BEFORE LEAVING THE COUNTRY :
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Article 220
ELEMENTS OF ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (technical
malversation):
a. That the offender is a public officer.
b. That there is public fund or property under his administration.
c. That such public fund or property has been appropriated by law or ordinance
(without this, it is simple malversation even if applied to other public purpose).
d. That he applies the same to a public use other than for which such fund or
property has been appropriated by law or ordinance.
To distinguish this article with Art 217, just remember that in illegal use of public
funds or property, the offender does not derive any personal gain, the funds are
merely devoted to some other public use
Absence of damage is only a mitigating circumstance
Article 221
ELEMENTS OF FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR
PROPERTY
a. Offender has govt funds or property in his possession
b. He is under obligation to either:
1. make payment from such funds
2. to deliver property in his custody or administration when ordered by
competent authority
3. He maliciously fails or refuses to do so
Note: Penalty is based on value of funds/property to be delivered
Article 222
PERSONS WHO MAY BE HELD LIABLE UNDER ARTS 217 TO 221
a. Private individual who, in any capacity, have charge of any national,
provincial or municipal funds, revenue, or property
b. Administrator or depositary of funds or property that has been attached,
seized or deposited by public authority, even if owned by a private individual
Sheriffs and receivers fall under the term administrator
A judicial administrator in charge of settling the estate of the deceased is not covered
by the article
IV. INFIDELITY OF PUBLIC OFFICERS
Article 223
ELEMENTS OF CONNIVING WITH OR CONSENTING TO EVASION
a. That the offender is a public officer (on duty).
b. That he is charged with the conveyance or custody of a prisoner, either
detention prisoner or prisoner by final judgment.
c. That such prisoner escaped from his custody
d. That he was in connivance with the prisoner in the latters escape
Detention prisoner: refers to a person in legal custody, arrested for and charged with
some crime or public offense
The release of a detention prisoner who could not be delivered to judicial authorities
within the time fixed by law is not infidelity in the custody of a prisoner. Neither is
mere leniency or laxity in the performance of duty constitutive of infidelity
There is real and actual evasion of service of sentence when the custodian permits
the prisoner to obtain a relaxation of his imprisonment
Article 224
ELEMENTS OF EVASION THROUGH NEGLIGENCE:
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Article 225
ELEMENTS OF ESCAPES OF PRISONERS UNDER THE CUSTODY OF A
PERSON NOT A PUBLIC OFFICER :
a. That the offender is a private person (note: must be on duty)
b. That the conveyance or custody of a prisoner or person under arrest is
confined to him.
c. That the prisoner or person under arrest escapes.
d. That the offender consents to the escape of the prisoner or person under
arrest, or that the escape takes place through his negligence
Note: This article is not applicable if a private person made the arrest and he
consented to the escape of the person he arrested
Article 226
ELEMENTS OF REMOVAL, CONCEALMENT, OR DESTRUCTION OF
DOCUMENTS Infidelity in custody of documents:
a. That the offender be a public officer.
b. That he abstracts, destroys or conceals a document or papers.
c. That the said document or paper should have been entrusted to such public
officer by reason of his office.
d. That damage, whether serious or not, to a third party or to the public interest
should have been caused.
The document must be complete and one by which a right could be established or an
obligation could be extinguished
Books, periodicals, pamphlets etc are not documents
Papers would include checks, promissory notes and paper money
A post office official who retained the mail without forwarding the letters to their
destination is guilty of infidelity in the custody of papers
Removal of a document or paper must be for an illicit purpose. There is illicit purpose
when the intention of the offender is to:
a. tamper with it
b. to profit by it
c. to commit any act constituting a breech of trust in the official thereof
Removal is consummated upon removal or secreting away of the document from its
usual place. It is immaterial whether or not the illicit purpose of the offender has been
accomplished
Infidelity in the custody of documents through destruction or concealment does not
require proof of an illicit purpose
Delivering the document to the wrong party is infidelity in the custody thereof
The damage may either be great or small
The offender must be in custody of such documents
Article 227
ELEMENTS OF OFFICER BREAKING SEAL :
a. That the offender is a public officer.
b. That he is charged with the custody of papers or property.
c. That these papers or property are sealed by proper authority.
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Article 228
ELEMENTS OF OPENING OF CLOSED DOCUMENTS:
a. That the offender is a public officer.
b. That any closed papers, documents, or objects are entrusted to his custody.
c. That he opens or permits to be opened said closed papers, documents or
objects.
d. That he does not have proper authority.
Note: Damage also not necessary
Article 229
REVELATION OF SECRET BY AN OFFICER:
ELEMENTS OF PAR.1: BY REASON OF HIS OFFICIAL CAPACITY
a. That the offender is a public officer.
b. That he knows of a secret by reason of his official capacity.
c. That he reveals such secret without authority or justifiable reasons.
d. That damage, great or small, be caused to the public interest.
e. (damage is essential)
Notes:
a. Secret must affect public interest
b. Secrets of a private individual is not included
c. Espionage for the benefit of another State is not contemplated by the article.
If regarding military secrets or secrets affecting state security, the crime may
be espionage.
ELEMENTS OF PAR 2 DELIVERING WRONGFULLY PAPERS OR COPIES OF
PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE
PUBLISHED:
a. That the offender is a public officer.
b. That he has charge of papers.
c. That those papers should not be published.
d. That he delivers those papers or copies thereof to a third person.
e. That the delivery is wrongful.
f. That damage be caused to public interest.
Notes:
a. Charge: means custody or control. If he is merely entrusted with the papers
and not with the custody thereof, he is not liable under this article
b. If the papers contain secrets which should not be published, and the public
officer having charge thereof removes and delivers them wrongfully to a third
person, the crime is revelation of secrets. On the other hand, if the papers do
not contain secrets, their removal for an illicit purpose is infidelity in the
custody of documents
c. Damage is essential to the act committed
Article 230
ELEMENTS OF PUBLIC OFFICER REVEALING SECRETS OF PRIVATE
INDIVIDUAL:
a. That the offender is a public officer
b. That he knows of the secret of a private individual by reason of his office.
c. That he reveals such secrets without authority or justification reason.
Revelation to one person is sufficient
If the offender is an attorney, he is properly liable under Art 209 (betrayal of trust by
an attorney)
Damage to private individual is not necessary
V. OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS
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Article 231
ELEMENTS OF OPEN DISOBEDIENCE:
a. That the offender is a judicial or executive officer.
b. That there is a judgment, decision or order of superior authority.
c. 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.
d. that the offender without any legal justification openly refuses to execute the
said judgment, decision or under which he is duty bound to obey.
Note: Judgment should have been rendered in a hearing and issued within proper
jurisdiction with all legal solemnities required
Article 232
ELEMENTS OF DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN
SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER:
a. That the offender is a public officer.
b. That an order is issued by his superior for execution.
c. That he has for any reason suspended the execution of such order.
d. That his superior disapproves the suspension of the execution of the order.
e. That the offender disobeys his superior despite the disapproval of the
suspension.
Note: A public officer is not liable if the order of the superior is illegal
Article 233
ELEMENTS OF REFUSAL OF ASSISTANCE:
a. That the offender is a public officer.
b. That a competent authority demands from the offender that he lend his
cooperation towards the administration of justice or other public service.
c. That the offender fails to do so maliciously.
Involves a request from one public officer to another
Damage to the public interest or third party is essential
Demand is necessary
Article 234
ELEMENTS OF REFUSAL TO DISCHARGE ELECTIVE OFFICE:
a. That the offender is elected by popular election to a public office.
b. That he refuses to be sworn in or discharge the duties of said office.
c. That there is no legal motive for such refusal to be sworn in or to discharge
the duties of said office.
Note: Even if the person did not run for the office on his own will as the Constitution
provides that every citizen may be required to render service
Article 235
ELEMENTS OF MALTREATMENT OF PRISONERS:
a. That the offender is a public officer or employee.
b. That he has under charge a prisoner or detention prisoner (otherwise the
crime is physical injuries)
c. That he maltreats such prisoner in either of the following manners:
1. by overdoing himself in the correction or handling of a prisoner or
detention prisoner under his charge either
by the imposition of punishments not authorized by the regulations, or
by inflicting such punishments (those authorized) in a cruel and
humiliating manner, or
2. by maltreating such prisoner to extort a confession or to obtain some
information from the prisoner.
The public officer must have actual charge of the prisoner in order to be held liable
To be considered a detention prisoner, the person arrested must be placed in jail
even for just a short while
Offender may also be held liable for physical injuries or damage caused
Article 236
ELEMENTS OF ANTICIPATION OF DUTIES OF A PUBLIC OFFICE:
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Article 238
ELEMENTS OF ABANDONMENT OF OFFICE OR POSITION :
a. That the offender is a public officer.
b. That he formally resigns from his position.
c. That his resignation has not yet been accepted.
d. That he abandons his office to the detriment of the public service.
There must be formal or written resignation
The offense is qualified if the purpose behind the abandonment is to evade the
discharge of duties consisting of preventing, prosecuting or punishing any of the
crimes against national security. The penalty is higher. This involves the following
crimes:
a. treason
b. conspiracy and proposal to commit conspiracy
c. misprision of treason
d. espionage
e. inciting to war or giving motives to reprisals
f. violation of neutrality
g. correspondence with hostile country
h. flight to enemy country
i. piracy and mutiny on the high seas
j. rebellion
k. conspiracy and proposal to commit rebellion
l. disloyalty to public officers
m. inciting to rebellion
n. sedition
o. conspiracy to commit sedition
p. inciting to sedition
Abandonment of Office or Position (238)
Dereliction of Duty (208)
There is actual abandonment through Public officer does not abandon his office
resignation to evade the discharge of but merely fails to prosecute a violation of
duties.
the law.
Article 239
ELEMENTS OF USURPATION OF LEGISLATIVE POWERS:
a. That the offender is an executive or judicial officer.
b. 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.
Article 240
ELEMENTS OF USURPATION OF EXECUTIVE FUNCTIONS:
a. That the offender is a judge.
b. That he (a.) assumes a power pertaining to the executive authorities, or (b.)
obstructs executive authorities in the lawful exercise of their powers.
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Note: Legislative officers are not liable for usurpation of executive functions
Article 241
ELEMENTS OF USURPATION OF JUDICIAL FUNCTIONS:
a. That the offender is an officer of the executive branch of the government.
b. That he (a.) assumes judicial powers, or (b.) obstruct the execution of any order
decision rendered by any judge within his jurisdiction.
Note: A mayor is guilty under this article when he investigates a case while a justice
of the peace is in the municipality
Article 242
ELEMENTS OF DISOBEYING REQUEST FOR DISQUALIFICATION:
a. That the offender is a public officer.
b. That a proceeding is pending before such public officer.
c. That there is a question brought before the proper authority regarding his
jurisdiction, which is not yet decided.
d. That he has been lawfully required to refrain from continuing the proceeding.
e. That he continues the proceeding.
Article 243
ELEMENTS OF ADDRESSING ORDERS OR REQUESTS BY EXECUTIVE
OFFICER TO ANY JUDICIAL AUTHORITY:
a. That the offender is an executive officer.
b. That the addresses any order or suggestion to any judicial authority.
c. That the order or suggestion relates to any case or business coming within the
exclusive jurisdiction of the courts of justice.
Note: Legislative or judicial officers are not liable under this article
Article 244
ELEMENTS OF UNLAWFUL APPOINTMENTS:
a. That the offender is a public officer.
b. That he nominates or appoints a person to a public office.
c. That such person lacks the legal qualification therefor.
d. That the offender knows that his nominee or appointee lacks the qualification at
the time he made the nomination or appointment.
Recommending, knowing that the person recommended is not qualified is not a
crime
There must be a law providing for the qualifications of a person to be nominated or
appointed to a public office
Article 245
ELEMENTS OF ABUSES AGAINST CHASTITY:
a. That the offender is a public officer.
b. That he solicits or makes immoral or indecent advances to a woman.
c. That such woman must be
1. 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
2. under the custody of the offender who is a warden or other public officer
directly charged with care and custody of prisoners or person under arrest,
or
3. the wife, daughter, sister or relative within the same degree by affinity of the
person in the custody of the offender
The mother of the person in the custody of the public officer is not included
Solicit: means to propose earnestly and persistently something unchaste and
immoral to a woman
The advances must be immoral or indecent
The crime is consummated by mere proposal
Proof of solicitation is not necessary when there is sexual intercourse
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TITLE EIGHT
I. CRIMES AGAINST PERSONS
DESTRUCTION OF LIFE
A. ELEMENTS OF PARRICIDE: (246)
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.
Notes:
1. The relationship of the offender with the victim is the essential element of the
felony
2. Parents and children are not included in the term ascendants or descendants
3. The other ascendant or descendant must be legitimate. On the other hand, the
father, mother or child may be legitimate or illegitimate
4. The child should not be less than 3 days old. Otherwise, the offense is infanticide
5. Relationship must be alleged
6. A stranger who cooperates in committing parricide is liable for murder or
homicide
7. Even if the offender did not know that the person he had killed is his son, he is
still liable for parricide because the law does not require knowledge of the
relationship
B. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES
Requisites:
1. A legally married person or parent surprises his spouse or daughter (the latter must
be under 18 and living with them) in the act of committing sexual intercourse with
another person
2. He/she kills any or both of them or inflicts upon any or both of them any serious
physical injury in the act or immediately thereafter
3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he
has not consented to the infidelity of the other spouse.
Notes:
1. Article does not define or penalize a felony
2. Not necessary that the parent be legitimate
3. Article applies only when the daughter is single
4. Surprise: means to come upon suddenly or unexpectedly
5. Art 247 is applicable when the accused did not see his spouse in the act sexual
intercourse with another person. However, it is enough that circumstances
reasonably show that the carnal act is being committed or has been committed
6. Sexual intercourse does not include preparatory acts
7. Immediately thereafter: means that the discovery, escape, pursuit and the killing
must all form parts of one continuous act
8. The killing must be the direct by-product of the rage of the accused
9. No criminal liability is incurred when less serious or slight physical injuries are
inflicted. Moreover, in case third persons caught in the crossfire suffer physical
injuries, the accused is not liable. The principle that one is liable for the
consequences of his felonious act is not applicable because he is not committing
a felony
C. ELEMENTS OF MURDER: (248)
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of the following qualifying circumstances
a. with treachery, taking advantage of superior strength, with the aid or armed
men, or employing means to weaken the defense or of means or persons to
insure or afford impunity
b. in consideration of price, reward or promise
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Notes:
1. A person who attempts to commit suicide is not criminally liable
2. A pregnant woman who tried to commit suicide by means of poison but instead of
dying, the fetus in her womb was expelled, is not liable for abortion
3. Assistance to suicide is different from mercy-killing. Euthanasia/mk is the practice
of painlessly putting to death a person suffering from some incurable disease. In
this case, the person does not want to die. A doctor who resorts to euthanasia
may be held liable for murder
4. Penalty is mitigated if suicide is not successful
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3. That as a result of the use of violence or drugs or beverages upon her, or any other
act of the accused, the fetus dies, either in the womb or after having been expelled
therefrom.
4. That the abortion is intended.
L. ELEMENTS OF UNINTENTIONAL ABORTION: (257)
1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman without intending an abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence that fetus dies, either in the womb or after having
been expelled therefrom.
Notes:
1. Unintentional abortion can also be committed through negligence
2. The accused can only be held liable if he knew that the woman was pregnant
3. If there is no intention to cause abortion and neither was violence exerted, arts
256 and 257 does not apply
M. ELEMENTS OF ABORTION PRACTICED BY THE WOMAN HERSELF OR BY
HER PARENTS: (258)
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by
a. the pregnant woman herself
b. any other person, with her consent, or
c. any of her parents, with her consent for the purpose of concealing her
dishonor.
Notes:
1. Liability of the pregnant woman is mitigated if the purpose is to conceal her
dishonor. However, there is no litigation for the parents of the pregnant women
even if their purpose is to conceal their daughters dishonor
2. In infanticide, parents can avail of the mitigating circumstance of concealing the
dishonor of their daughter. This is not so for art 258
N. ELEMENTS OF ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND
DISPENSING OF ABORTIVES: (259)
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a physician or midwife, causes or assists in causing
the abortion.
4. That said physician or midwife takes advantage of his or her scientific knowledge or
skill.
Notes:
1. It is not necessary that the pharmacist knew that the abortive would be used to
cause abortion. What is punished is the act of dispensing an abortive without the
proper prescription. It is not necessary that the abortive be actually used
2. If the pharmacist knew that the abortive would be used to cause abortion and
abortion results, he is liable as an accomplice
O. RESPONSIBILITY OF PARTICIPANTS IN A DUEL: (260)
Acts punished:
1. Killing ones adversary in a duel
2. Inflicting upon the adversary serious physical injuries
3. Making a combat although no physical injuries have been inflicted
Persons liable:
1. Principals person who killed or inflicted physical injuries upon his adversary, or
both combatants in any other cases
2. Accomplices as seconds
Notes:
1. Duel: a formal or regular combat previously concerted between 2 parties in the
presence of 2 or more seconds of lawful age on each side, who make the selection
of arms and fix all the other conditions of the fight
2. If death results, the penalty is the same as that for homicide
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2. That which did not prevent the offended party from engaging in his habitual work
or which did not require medical attendance (ex. Black-eye)
3. Ill-treatment of another by deed without causing any injury (ex. slapping but
without causing dishonor)
F. RAPE (ART 355)
The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime
Against Persons incorporated into Title 8 of the RPC to be known as Chapter 3
Elements: Rape is committed
1. By a man who 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
d. when the offended party is under 12 years of age or is demented, even
though none of the circumstances mentioned above be present
2. By any person who, under any of the circumstances mentioned in par 1 hereof,
shall commit an ac of sexual assault by inserting
a. his penis into another persons mouth or anal orifice, or
b. any instrument or object, into the genital or anal orifice of another person
Rape committed under par 1 is punishable by:
1. reclusion perpetua
2. reclusion perpetua to DEATH when
a. victim became insane by reason or on the occasion of rape
b. the rape is attempted and a homicide is committed by reason or on the occasion
thereof
3. DEATH when
a. homicide is committed
b. victim under 18 years and offender is:
i.
parent
ii.
ascendant
iii.
step-parent
iv.
guardian
v.
relative by consanguinity or affinity with the 3rd civil degree or
vi.
common law spouse of parent of victim
c. under the custody of the police or military authorities or any law enforcement or
penal institution
d. committed in full view of the spouse, parent or any of the children or other
relatives within the 3rd degree of consanguinity
e. victim is a religious engaged in legitimate religious vocation or calling and is
personally known to be such by the offender before or at the time of the
commission of the crime
f. a child below 7 years old
g. offender knows he is afflicted with HIV or AIDS or any other sexually
transmissible disease and the virus is transmitted to the victim
h. offender; member of the AFP, or para-military units thereof, or the PNP, or any
law enforcement agency or penal institution, when the offender took advantage
of his position to facilitate the commission of the crime
i. victim suffered permanent physical mutilation or disability
j. the offender knew of the pregnancy of the offended party at the time of the
commission of the crime; and
k. when the offender knew of the mental disability, emotional disorder and/or
physical handicap or the offended party at the time of the commission of the
crime
Rape committed under par 2 is punishable by:
1. prision mayor
2. prision mayor to reclusion temporal
a. use of deadly weapon or
b. by two or more persons
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I.
TITLE NINE
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
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3. In art 125, the detention is for some legal ground while here, the detention is not
authorized by law
4. In art 125, the crime pertains to failure to deliver the person to the proper judicial
authority within the prescribed period while here, the arrest is not authorized by
law
D. ELEMENTS OF KIDNAPPING AND FAILURE TO RETURN A MINOR: (270)
1. That the offender is entrusted with the custody of a minor person (whether over
or under 7 but less than 18 yrs old)
2. That he deliberately fails to restore the said minor to his parents
E. ELEMENTS OF INDUCING A MINOR TO ABANDON HIS HOME: (271)
1. That the minor (whether over or under 7) is living in the home of his parents or
guardians or the person entrusted with his custody
2. That the offender induces a minor to abandon such home
Notes:
1. Inducement must be actual, committed with criminal intent and determined by a
will to cause damage
2. Minor should not leave his home of his own free will
3. Mitigating if by father or mother
F. ELEMENTS OF SLAVERY: (272)
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.
Note: Qualifying circumstance if the purpose of the offender is to assign the offended
party to some immoral traffic (prostitution), the penalty is higher
G. ELEMENTS OF EXPLOITION OF CHILD LABOR: (273)
1. That the offender retains a minor in his service.
2. That it is against the will of the minor.
3. That it is under the pretext of reimbursing himself of a debt incurred by an
ascendant, guardian or person entrusted with the custody of such minor.
G. ELEMENTS OF SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF
DEBT: (274)
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.
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3. Circumstances qualifying the offense: when the offender reveals contents of such
papers or letters of another to a 3rd person, the penalty is higher
B. ELEMENTS OF REVEALING SECRETS WITH ABUSE OF OFFICE: (291)
1. That the offender is a manager, employee or servant.
2. That he learns the secrets of his principal or master in such capacity.
3. That he reveals such secrets.
C. ELEMENTS OF REVELATION OF INDUSTRIAL SECRETS: (292)
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 the prejudice is caused to the owner.
TITLE TEN
I. CRIMES AGAINST PROPERTY
A. ELEMENTS OF ROBBERY IN GENERAL: (293)
1. That there be personal property belonging to another.
2. That there is unlawful taking of that property.
3. That the taking must be with intent to gain, and
4. That there is violence against or intimidation of any person, or force upon
anything.
Notes:
1. Belonging to another person from whom property was taken need not be the
owner, legal possession is sufficient
2. Name of the real owner is not essential so long as the personal property taken
does not belong to the accused except if crime is robbery with homicide
3. Taking of personal property must be unlawful; if given in trust estafa
4. As to robbery with violence or intimidation from the moment the offender gains
possession of the thing even if offender has had no opportunity to dispose of the
same, the unlawful taking is complete
5. As to robbery with force upon things thing must be taken out of the building
6. Intent to gain presumed from unlawful taking
7. Taking must not be under the claim of title or ownership
8. When theres no intent to gain but there is violence in the taking grave coercion
9. Violence or intimidation must be against the person of the offended party, not
upon the thing
10. General rule: violence or intimidation must be present before the taking is
complete
11. Except: when violence results in homicide, rape, intentional mutilation or any of
the serious physical injuries in par 1 and 2 of art 263, the taking of the property is
robbery complexed with any of these crimes under art 294, even if taking is
already complete when violence was used by the offender
12. Use of force upon things entrance to the building by means described in arts
299 and 302 (offender must enter)
13. When both violence or intimidation and force upon things concur it is robbery
with violence
Robbery with violence
Intent to gain
Immediate harm
Grave threats
No intent to gain
Intimidation;
promises some future
harm or injury
Grave coercion
None
Intimidation (effect) is immediate and
offended party is compelled to do
something against his will (w/n right or
wrong)
Robbery
Bribery
X didnt commit crime but is intimidated to X has committed a crime and gives
deprive him of his property
money as way to avoid arrest or
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prosecution
Deprived of Php thru force or intimidation
Giving of Php is in one sense voluntary
Neither
Transaction is voluntary and mutual
Ex. defendant demands payment of P2.00 with
threats of arrest and prosecution, therefore,
robbery because (a) intent to gain and (b)
immediate harm
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2. That the offender takes personal property belonging to another with intent to gain,
under any of the following circumstances.
a. by the breaking of doors, wardrobes, chests, or any other kind of locked or
sealed furniture or receptacle, or
b. by taking such furniture or objects away to be broken or forced open outside
the place of the robbery.
Notes:
1. Entrance ( no matter how done)
2. Offender may be servants or guests
3. Destruction of keyhole of cabinet is robbery here
4. When sealed box is taken out for the purpose of breaking it, no need to open
already consummated robbery
5. Estafa if box is in the custody of acc
6. Theft if box found outside and forced open
H. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND: (300)
I.
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2. That such picklocks or similar tools are specially adopted to the commission of
robbery.
3. That the offender does not have lawful cause for such possession.
Note: Actual use of the same is not necessary
M. ELEMENTS OF FALSE KEYS: (305)
1. Picklocks, etc.
2. Genuine key stolen from owner.
3. Any key other than those intended by owner for use in the lock forcibly opened by
the offender
Notes:
1. Possession of false keys here not punishable
2. If key was entrusted and used to steal, not robbery (not stolen)
II. BRIGANDAGE
A. BRIGANDAGE: (306)
Brigands more than three armed persons forming a band
Purpose:
a. Robbery in highway
b. Kidnapping for extortion or ransom.
c. Any other purpose to be obtained by means of force and violence.
Presumption of Brigandage:
a. if members of lawless band and possession of unlicensed firearms (any of
them)
b. possession of any kind of arms (not just firearm)
BRIGANDAGE
ROBBERY IN BAND
Purposes are given
Only to commit robbery, not necessarily in hi-way
Mere formation of a band for If the purpose is to commit a part robbery
the above purpose
Necessary to prove that band actually committed
robbery
B.
1.
2.
3.
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b) but without violence against or intimidation of persons not 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 local authorities or its owner
Notes:
1. Retention of money/property found is theft. Retention is failure to return (intent to
gain)
2. Knowledge of owner is not required, knowledge of loss is enough
3. Finder in law is liable
3. Those who
a) after having maliciously damaged the property of another
b) remove or make use of the fruits or object of the damage caused by them
Note: Killing of cattle of another which destroyed his property and getting meat for
himself
4. Those who
a) enter an enclosed estate or a field where
b) trespass is forbidden or which belongs to another and, without the consent of its
owner
c) hunts or fish upon the same or gather fruits, cereals or other forest or farm
products
Notes:
1. Theft is consummated when offender is able to place the thing taken under his
control and in such a situation as he could disclose of it at once (though no
opportunity to dispose) i.e, the control test
2. P v. Dino applies only in theft of bulky goods (meaning there has to be capacity
to dispose of the things). Otherwise, P v. Espiritu full possession is enough
3. Servant using car without permission deemed qualified theft though use was
temporary
4. Reyes says: there must be some character of permanency in depriving owner of
the use of the object and making himself the owner, therefore must exclude
joyride
5. Theft: if after custody (only material possession) of object was given to the
accused, it is actually taken by him (no intent to return) e.g. felonious conversion.
But it is estafa if juridical possession is transferred e.g., by contract of bailment
6. Includes electricity and gas
a. inspector misreads meter to earn
b. one using a jumper
7. Selling share of co-partner is not theft
8. Salary must be delivered first to employee; prior to this, taking of Php is theft
9. If offender claims property as his own (in good faith) not theft (though later
found to be untrue. If in bad faith theft)
10. Gain is not just Php satisfaction, use, pleasure desired, any benefit (e.g.
joyride)
11. Actual gain is not necessary (intent to gain necessary)
12. Allege lack of consent in info is important
B. ELEMENTS OF HUNTING, FISHING OR GATHERING FRUITS, ETC. IN
ENCLOSED ESTATE
(PAR. NO.3, ART. 308)
1. That there is an enclosed estate or a field where trespass is forbidden or which
belongs to another;
2. That the offender enters the same.
3. That the offender hunts or fishes upon the same or gathers fruits, cereals or other
forest or farm products, and
4. That the hunting or fishing or gathering of products is without the consent of the
owner.
Note: Fish not in fishpond, otherwise, qualified
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MALVERSATION
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dishonored for the same reason had not the drawee, without any valid reason,
ordered the bank to stop payment.
Note: Failure to make good within 5 banking days prima facie evidence of knowledge of
lack and insufficiency
I. ELEMENTS OF THE OFFENSE DEFINED IN THE SECOND PARAGRAPH OF
SECTION 1: BP 22
1. That a person has sufficient funds in or credit with the drawee bank when he makes
or draws and issues a check.
2. That he fails to keep sufficient funds or to maintain a credit to cover the full amount of
the check if presented within
a period of 90 days from the date appearing thereon.
3. That the check is dishonored by the drawee bank.
Note: Failure to make good within 5 banking days prima facie evididence of knowledge
of lack and insufficiency
J. BY OBTAINING FOOD OR CREDIT AT HOTELS, INNS, RESTAURANTS ETC.
K. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENTS:
(315)
1. 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.
Note: If offended party willingly signed the document and there was deceit as to the
character or contents of the document falsification; but where the accused made
representation to mislead the complainants as to the character of the documents - estafa
L. ELEMENTS OF ESTAFA BY REMOVING, CONCEALING OR DESTROYING
DOCUMENTS: (315)
1. That there be court records, office files, documents or any other papers.
2. That the offender removed, concealed or destroyed any of them.
3. That the offender had intent to defraud another.
Note: No intent to defraud destroying or removal = malicious mischief
M. DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY ESTIMATION: (315)
(second element of any form of estafa)
THE ELEMENTS OF DAMAGE OR PREJUDICE MAY CONSIST OF THE FF.:
1. The offender party being deprived of his money or property, as a result of the
defraudation.
2. Disturbance in property right or
3. Temporary prejudice.
N. ELEMENTS OF SWINDLING (PAR.1) BY CONVEYING, SELLING,
ENCUMBERING, OR MORTGAGING ANY REAL PROPERTY, PRETENDING TO BE
THE OWNER OF THE SAME: (316)
1. That the thing be immovable, such as a parcel of land or a building.
2. That the offender who is not the owner of said property represented that he is the
owner thereof.
3. That the offender should have executed an act of ownership (selling, leasing,
encumbering or mortgaging the real property).
4. That the act be made to the prejudice of the owner or a third person.
ESTAFA
Private individual was entrusted
Intent to defraud
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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.
P. ELEMENTS OF SWINDLING (PAR.3) BY WRONGFULLY TAKING BY THE
OWNER HIS PERSONAL FROM ITS LAWFUL POSSESSOR: (316)
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.
Q. ELEMENTS OF SWINDLING (PAR. 6) BY SELLING, MORTGAGING OR
ENCUMBERING REAL PROPERTY OR PROPERTIES WITH WHICH THE
OFFENDER GUARANTEED THE FULFILLMENT OF HIS OBLIGATION AS SURETY:
(316)
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 sells, mortgages, or, in any other manner encumbers said real property.
4. That such sale, mortage 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.
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3. The offender has the intent to cause the child to lose its civil status
Elements of Simulation of Birth
1. Child is baptized or registered in the Registry of birth as hers
2. Child loses its real status and acquiires a new one
3. Actors purpose was to cause the loss of any trace as to the childs true filiation
B. USURPATION OF CIVIL STATUS: (348)
Notes:
1. Committed by a person who represents himself as another and assumes the filiation
or rights pertaining to such person
2. There must be criminal intent to enjoy the civil rights of another by the offender
knowing he is not entitled thereto
3. Committed by asuming the filiation, or the parental or conjugal rights of another
4. Circumstances qualifying the offense: penalty is heavier when the purpose of the
impersonation is to defraud the offended party or hios heirs
C. ELEMENTS OF BIGAMY: (349)
1. That the offender has been legally married.
2. That the marriage has not been legally dissolved or, in case his or her spouse is
absent, the absent spouse could not yet be presumed dead according to the civil
code.
3. That he contracts a second or subsequent marriage.
4. That the second or subsequent marriage has all the essential requisites for validity.
Notes:
1. The crime does not fall within the category of private crimes that can be prosecuted
only at the instance of the offended party
2. A simulated marriage is not marriage at all and can be used as a defense for
bigamy
3. There must be a summary proceeding to declare the absent spouse presumptively
dead for purposes of remarriage
4. Failure to exercise due diligence to ascertain the whereabouts of the 1st wife is
bigamy through reckless imprudence
5. A judicial declaration of the nullity of a marriage void ab initio is now required
6. One convicted for bigamy may be prosecuted for concubinage as both are distinct
offenses
7. One who vouches that there is no legal impediment knowing that one of the parties
is already married is an accomplice
D. ELEMENTS OF MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS:
(350)
1. That the offender contracted marriage.
2. That he knew at the time that
a. the requirement of the law were not complied with, or
b. The marriage was in disregard of a legal impediment.
Note: Circumstance qualifying the offense: if either of the contracting parties obtains the
consent of the other by means of violence, intimidation or fraud
E. ELEMENTS OF PREMATURE MARRIAGE: (351)
Acts punished:
1. A widow who within 301 days from death of husband, got married or before her
delivery, if she was pregnant at the time of his death
2. A woman whose marriage having been dissolved or annulled, married before her
delivery or within 301 days after the legal separation
F. ELEMENTS OF PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY: (352)
Act punished: performance of any illegal marriage ceremony by a priest or minister of
any religious denomination or sect or by civil authorities
TITLE THIRTEEN
CRIMES AGAINST HONOR
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Perjury
-false accusation is made under oath
Newsweek v IAC
Newsweek portrayed the island province of Negros Occidental as a place dominated by
big landowners. Plaintiffs are associations of sugarcane planters. HELD: Dismissed. To
maintain a libel suit, the specific victim must be identifiable. Defamatory remarks directed
at a group of persons are not actionable unless the statements are all-embracing or
sufficiently specific for victim to be identifiable. An action for libel allegedly directed
against a group of sugar planters cannot be done by resort to filing a class suit as each
victim has his specific reputation to protect. In this case, each of the plaintiffs has a
separate and distinct reputation in the community.
B. REQUIREMENT OF PUBLICITY: (354)
Kinds of privileged communication
a. Absolutely privileged not actionable even if the actor has acted in bad faith
b. Qualifiedly privileged those which although containing defamatory
imputations could not be actionable unless made with malice or bad faith
General Rule: Every defamatory imputation is presumed malicious even if it be true, if no
good intention and justifiable motive for making it is shown
Exception:
a. private communication in performance of legal, moral or social duty
Requisites
1. that the person who made the communication had a legal, moral or social
duty to make the communication or at least he had an interest to be upheld
2. that the communication is addressed to an officer or a board, or superior,
having some interest or duty on the matter
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3. that the statements in the communication are made in good faith without
malice in fact
b. fair and true report, made in good faith, without any comments and remarks
Requisites
1. that the publication of a report of an official proceeding is a fair and true
report of a judicial, legislative, or other official proceedings which are not of
confidential nature, or of a statement, report, or speech delivered in said
proceedings, or of any other act performed by a public officer
2. that it is made in good faith
3. that it is made without any comments or remarks
Santos v CA
HELD: No malice, he simply furnished the readers with the info that a complaint has
been filed against the brokerage firm and reproduced the pleading verbatim with no
embellishments.
C. LIBEL BY MEANS OF WRITING OR SIMILAR MEANS: (355)
Note: Enumerates the means by which libel may be committed: writing, printing,
lithography, engraving, radio phonograph, painting, theatrical or cinematographic
exhibitions or any similar means
D. THREATENING TO PUBLISH LIBEL AND OFFER TO PREVENT SUCH
PUBLICATION FOR A COMPENSATION: (356)
Note: Clearly, just a case of blackmail-any unlawful extortion of money by threats of
accusation and exposure
-possible in light threats Art 283 and in threat to publish Art 356.
E. ELEMENTS OF PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE
COURSE OF OFFICIAL PROCEEDINGS: (357)
1. That the offender is a reporter, editor or manager of a newspaper, daily or magazine.
2. That he publishes facts connected with the private life of another.
3. That such facts are offensive to the honor, virtue and reputation of said person.
Note:
Even though made in connection with or under the pretext that it is necessary in the
narration of any judicial or administrative proceedings wherein such facts have been
mentioned.
Lacsa v IAC
Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be
president. He wrote to the BOD and to Marquez. He caused to publish the second letter.
HELD: Letter is not privileged communication. To be classified as such it must be free
from malice. Granting that the letter was privileged communication, written out of a duty
of an officer towards the members, such character was lost when it was published.
F. ELEMENTS OF ORAL DEFAMATION/SLANDER: (358)
1. action of a serious and insulting nature (Grave slander)
2. light insult or defamation not serious in nature (simple slander)
Factors that determine gravity of the offense:
a) expressions used
b) personal relations of the accused and the offended party
c) circumstances surrounding the case
Notes:
Words uttered in the heat of anger constitute light oral defamation (P v Doronilla)
If the utterances were made publicly and were heard by many people and the accused
at the same time levelled his finger at the complainant, oral defamation is committed (P v
Salleque)
ELEMENTS OF SLANDER BY DEED: (359)
1. That the offender performs any act not included in any other crime against honor.
2. That such act is performed in the presence of other person or persons.
3. That such act casts dishonor, discredit or contempt upon the offended party.
Notes:
a. Seriousness depends on the social standing of offended party, the circumstances
surrounding the act, the occasion, etc.
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b. The acts of slapping and boxing the woman, a teacher, in the presence of many
people has put her to dishonor, contempt and ridicule. (P v Costa)
c. P v Motita
Accused held a mirror between the legs of complainant to reflect her private
parts. The crowd laughed. Guilty of slander by deed.
Distinctions:
a. Unjust Vexation-irritation or annoyance/anything that annoys or irritates without
justification.
b. Slander by Deed-irritation or annoyance + attendant publicity and dishonor or
contempt.
c. Acts of lasciviousness-irritation or annoyance + any of 3 circumstance provided in
Art335 of RPC on rape
i. use of force or intimidation
ii.deprivation of reason or rendering the offended unconscious
offended party under 12 yrs of age+lewd designs
PERSONS RESPONSIBLE FOR LIBEL (360)
1) Who are liable
a. person who publishes, exhibits or causes the publication or exhibition of any
defamation in writing or similar means(par.1)
b. author or editor of a book or pamphlet
c. editor or business manager of a daily newspaper magazine or serial
publication(par.2)
d. owner of the printing plant which publishes a libelous article with his consent and
all other persons who in any way participate in or have connection with its
publication (US v Ortiz)
2) Venue of criminal and civil action for damages in cases of written defamation:
a. where the libelous article is printed and 1st published OR
b. where any of the offended parties actually resides at the time of the commission of
the offense
3) Where one of the offended parties is a public officer:
a. if his office is in the City of Manila
- RTC of Manila OR
- city/province where the article is printed and 1st published
b. Otherwise
- RTC of the city/province where he held office at the time of offense OR
- where the article is 1st published
4) Where one of the offended parties is a private individual:
- RTC of province/city where he actually resides at the time of the crime
- where article was printed or 1st published
Note: Offended party must file complaint for defamation imputing a crime which cannot
be prosecuted de oficio (e.g. adultery, concubinage, rape, seduction, abduction, and
acts of lasciviousness)
Soriano v IAC
The Philippines follows the multiple publication rule which means that every time the
same written matter is communicated, such communication is considered a distinct and
separate publication of libel.
PROOF OF THE TRUTH (361)
Admissible when:
a. the act or omission imputed constitutes a crime regardless of whether the
offended party is a private individual or a public officer
b. the offended party is a government employee, even if the act or omission
imputed does not constitute a crime provided it is related to the discharge of his
official duties
Requisites for Acquittal:
a. it appears that the matter charged as libelous is TRUE (for situations 1 and 2
above)
b. it was published with good motives and for a justifiable end (for situation 1
only)
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Notes: The proof of the truth of the accusation cannot be made to rest upon mere
hearsay, rumors, or suspicion. It must rest upon positive direct evidence, upon which a
definite finding may be made by the court (US v Sotto)
LIBELOUS REMARKS (362)
Libelous remarks or comments on privileged matters (under Art. 354) if made with
malice in fact will not exempt the author and editor.
*This article is a limitation to the defense of privileged communication.
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