Professional Documents
Culture Documents
Page 2 of 114
6.
Crimes Against Public morals (Art. 200-202) .................... 44
7. Crimes Committed by Public Officers (Art. 203-245) ......................
48
a. Anti-Graft and Corrupt Practices Act (R.A. 3019, as amended) .....................
51
i. Coverage...............
52
ii. Punishable acts...............
52
iii. Exceptions..............
53
b. Anti-Plunder Act (R.A. 7080, as amended) ..................
55
i. Definition of Terms...............
55
ii. Ill-gotten wealth..............
55
iii. Plunder................
55
iv. Series/Combination................
55
v. Pattern
c. Human Security Act of 2007 (R.A. 9372) .................
56
i. Failure to deliver suspect to proper judicial authority....................
56
ii. Infidelity in the custody of detained persons.....................
56
iii. False prosecution................
56
8. Crimes Against Persons (Art. 246-266) .....................
63
a. Anti-Violence against Women and their Children Act of 2004 (R.A. 9262) ...................... 72
i. Punishable acts................
73
b. Anti-Child Pornography Act of 2009 (R.A. 9775) .....................
74
i. Definition of terms................
74
ii. Unlawful or punishable acts.................
75
c. Anti-Hazing Law (R.A. 8049) ................
75
i. Hazing..............
75
(a) Definition...............
75
(b) Allowed initiation rites................
75
ii. Who are liable..............
75
iii. Punishable acts.................
75
d. Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (R.A. 7610, as
amended) ...............................................
76
i. Coverage...............
76
ii. Child prostitution, punishable acts..................
76
iii. Child trafficking, punishable acts....................
76
e. Juvenile Justice and Welfare Act of 2006 (R.A. 9344); also refer to the Child Youth and Welfare Code
(P.D. 603, as amended) .............................................
77
i. Punishable acts...............
79
Page 3 of 114
Page 4 of 114
110
iv. Punishable acts..................
110
11. Crimes Against Chastity (Art. 333-334, 336-346) .......................
111
1. Anti-Photo and Video Voyeurism Act of 2009 (R.A. 9995) ......................117
a. Punishable acts.................
117
2. Special Protection of Childern Against Child Abuse, Exploitation and Discrimination Act (R.A. 7610, as
amended) ..............................................
117
a. Child prostitution and other acts of abuse...................
117
i. Punishable acts................
117
ii. Compare prosecution for Acts of Lasciviousness under Art. 366, RPC and R.A. 7610, as
amended............................
118
b. Obscene publications and indecent shows.................. 118
i. Punishable acts................
118
3. Anti-Trafficking in Persons Act of 2003 (R.A. 9208)
a. Punishable acts
4. Anti-Violence Against Women and Their Children Act of 2004 (R.A. 9262) ...................... 119
a. Punishable acts.................
119
5. Anti-Sexual Harassment Act of 1995 (R.A. 7877) ..................... 119
a. Punishable acts.............
119
12. Crimes Against Civil Status (Art. 347-352) .....................
120
13. Crimes Against Honor (Art. 353-364) .....................
122
a. Administrative Circular 09-2008 Re: Guidelines in the Observance of a Rule of Preference in the
Imposition of Penalties in Libel Cases...............................................
127
i. Preference of imposition of fine..................
127
14. Criminal Negligence (Art. 365) ....................
128
Page 5 of 114
2.
3.
LEVY WAR - must be with intent to overthrow the government as such, not
merely to resist a particular statute or to repel a particular officer. It matters not
how vain and futile the attempt was and how impossible its accomplishment.
In treason by levying war, it is not necessary that there be a formal declaration of
the existence of a state of war. Actual hostilities may determine the date of the
commencement of war.2
ADHERENCE TO ENEMIES intent to betray; when a citizen intellectually or
emotionally favors the enemy and harbors sympathies or convictions disloyal to
his countrys policy or interest
AID/COMFORT act which strengthens or tends to strengthen the enemy in the
conduct of war against the traitors country and an act which weakens or tends
to weaken the power of the traitors country to resist or to attack the enemy
Mere acceptance of public office and discharge of official duties under the
enemy do not constitute per se the felony of treason. But when the position is
policy-determining, the acceptance of public office and the discharge of official
duties constitute treason.
POLICY DETERMINING defines the norm of conduct of all offices and officials
under the department he headed had to adopt and enforce, implemented the
policy, and helped in the propagation of the creed of the invader
b.
WAYS TO PROVE:
1. Treason (Overt act of giving aid or comfort)
a. Testimony - at least 2 witnesses to the same overt act
b. Judicial confession of the accused in open court
2.
2.
2. Adherence
a.
b.
c.
One witness
Nature of act itself
Circumstances surrounding the act
Page 6 of 114
2.
3.
DEFENSES
Duress or uncontrollable fear
NOT A DEFENSE
Suspended allegiance
NOTE:
R
PC mentions 4 individuals to whom the conspiracy must be reported to
(i.e. governor, provincial fiscal, mayor or city fiscal), but what if you report
to some other high-ranking government official? Ex: PNP Director? Judge
Pimentel says any government official of the DILG is OK.
Art. 116 is an exception to the rule that mere silence does not make a
person criminally liable.
Ignominy
Gravity or seriousness of the acts of treason
a.
b.
ELEMENTS PROPOSAL:
1. In times of war;
2. A person who has decided to levy war against the government, or to
adhere to the enemies and to give them aid or comfort
3. Proposes its execution to some other person/s.
2.
NOTE:
This will not apply if crime of treason is already committed and it is not
reported.
It is a crime of omission.
ELEMENTS:
PERSONS LIABLE:
1. First mode; ANY person whether:
a.
Filipino citizen OR resident alien (foreigner)
b.
Private individual or a public officer
2. Second mode:
a.
A public officer
NOTE:
1.
Being a public officer is a requirement in the second mode, while it is only
aggravating in the first.
2. Wiretapping is not espionage if the purpose is not connected with
defense.
3. In the first mode of committing the felony, it is not necessary that the
offender succeeds in obtaining the information.
TREASON
ESPIONAGE
In both not conditioned on citizenship of offender
Page 7 of 114
3. Th
at the correspondence is either
a. prohibited by the government, or
b. carried on in ciphers or conventional signs, or
c. containing notice or information which might be useful
to the enemy.
NOTE:
ELEMENTS:
NOTE:
violated.
ELEMENTS:
1. A vessel is on the high seas or Philippine waters;
2. Offenders not members of its complement nor passengers of the
vessel; and
3. That the offenders
a. attack or seize the vessel, or
b. seize whole or part of vessels cargo, equipment or
10
Websters Dictionary
Page 8 of 114
P.D. 532
MUTINY
Offenders are members of the crew or
passengers.
ACTS PUNISHED:
1. Attack or seizure of any vessel, or
2. Taking away of cargo, equipment or personal belongings of its complement
or passengers
In both, there is intent to gain and the manner of committing the crime is the
same.
NOTE:
HIGH SEAS - any waters on the sea coast which are without the
boundaries of the low water mark although such waters may be in the
jurisdictional limits of a foreign government; parts of the sea that are not
included in the exclusive economic zone, in the territorial seas, or in the
internal waters of a state, or in the archipelagic waters of an archipelagic
state (United Nations Convention on the Law of the Sea)
For purposes of the Anti-Fencing Law, piracy is part of robbery and theft.
Under Human Security Act of 2007 (R.A. 9372) a person who commits
an act punishable as piracy and mutiny under Art. 122 thereby sowing and
creating a condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government to give in to an
unlawful demand shall be guilty of the crime of terrorism, and shall suffer
the penalty of 40 years of imprisonment, without the benefit of parole.
11
Page 9 of 114
R. A.
R.A. 6235
ANTI-HIJACKING LAW
ACTS PUNISHED:
By compelling a change in the course or destination of an aircraft of
Philippine registry, or seizing or usurping the control thereof while it is in
flight;
By compelling an aircraft of foreign registry to land in Philippine territory
or seizing or usurping the control thereof while it is in the said territory;
and
By shipping, loading, or carrying in any passenger aircraft operating as a
public utility w/in the Philippines, any explosive, flammable, corrosive or
poisonous substance or material.
IN FLIGHT From the moment all exterior doors are closed following
embarkation until the same doors are again opened for disembarkation
NOTE: (Atty. Palacios)
Where the aircraft is of foreign registry, offense need not take place
while in flight.
NO. 9372
HUMAN SECURITY ACT OF 2007
ELEMENTS TERRORISM (SEC. 3):
1. Any person who commits an act punishable under any of the following:
a. Piracy in general and Munity in the High Seas or in the
Philippine Waters (Art. 122)
b. Rebellion or Insurrection (Art. 134)
c. Coup dtat, including acts committed by private persons (Art.
134-A)
d. Murder (Art. 248)
e. Kidnapping and Serious Illegal Detention (Art. 267)
f.
Crimes Involving Destruction or under The Law on Arson (PD
1613)
g. Toxic Substances and Hazardous and Nuclear Waste Control
Act of 1990 (RA 6969)
h. Atomic Energy Regulatory and Liability Act of 1968 (RA 5207)
i.
Anti-Hijacking Law (PD 6235)
j.
Anti-piracy and Anti-highway Robbery Law of 1974 (PD 532)
k. Decree Codifying the Laws on Illegal and Unlawful
Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives (PD 1866)
2.
The word crimes in the opening sentence of Art. 123 refers to both piracy
and mutiny.
Any person who aids or protects pirates or abets the commission of piracy
shall be considered as an accomplice.
Accessory (Sec. 6)
a. Having knowledge of the commission of the crime of terrorism or
conspiracy to commit terrorism, and without participating therein,
either as principal or accomplice under Art. 17 and 18 of RPC
b. Takes part subsequent to its commission in any of the following
manner:
i. by profiting himself or assisting the offender to profit by the
effects of the crime
ii. by concealing or destroying the body of the crime, or the
effects, or instruments thereof, in order to prevent its discovery
iii. by harboring, concealing, or assisting in the escape of the
principal or conspirator of the crime
Page 10 of 114
4.
5.
6.
7.
8.
NOTE: When a person has been prosecuted under a provision of this Act, and
after the accused has pleaded to the charge, the acquittal of the accused or the
dismissal of the case shall be a bar to another prosecution under the RPC or any
special penal laws (Sec. 49).
END OF TOPIC
1. CRIMES AGAINST NATIONAL SECURITY
patient in a hospital
=======================================
2. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
=======================================
TOPICS UNDER THE SYLLABUS
Chapter 1: Arbitrary Detention or Expulsion, Violation of Dwelling,
Prohibition, Interruption and Dissolution of Peaceful Meetings and Crimes
Against Religious Worship
Sec. 1. Arbitrary Detention and Expulsion
RA 9372
RA 9745
Sec. 2. Violation of domicile
Sec. 3. Prohibition, interruption, and
dissolution
of peaceful
meetings
Sec 4.
Crimes against religious worship
=================================================
Chapter 1: Arbitrary Detention or Expulsion, Violation of Dwelling,
Prohibition, Interruption and Dissolution of Peaceful Meetings and Crimes
Against Religious Worship
=================================================
SECTION 1. ARBITRARY DETENTION AND EXPULSION
ELEMENTS:
1. That the offender is a public officer or employee (whose official duties
include the authority to make an arrest and detain persons);
2. That he detains a person; and
3.
That he fails to deliver such person to the proper judicial authority within:
11
NOTE:
12
People v. Misa, G.R. No. 93485, June 27, 1994. [Here, a chief of
police (convicted) rearrested a woman who had been released by
verbal order of the justice of peace. The officer should have
verified the order of release before proceeding to make the rearrest.]
13
14
15
16
Page 11 of 114
LENGTH OF WAIVER
a.
Light offense 5 days
b.
Serious and less serious offenses 7 to 10 days (Judge Pimentel)
ARBITRARY
DETENTION (ART.
124)
Detention is illegal from the
beginning.
R.A. 9372
HUMAN SECURITY ACT 2007
PERIOD OF DETENTION WITHOUT JUDICIAL WARRANT OF ARREST
(Sec. 18):
ELEMENTS:
1. That the offender is a public officer or employee;
2.
3.
NOTE: Wardens and jailers are the persons most likely to violate this provision.
ART. 127. EXPULSION
ELEMENTS:
1. The offender is a public officer or employee;
2.
3.
ACTS PUNISHED:
1.
Expelling a person from the Philippines; or
2.
Compelling a person to change his residence
NOTE:
Crime of expulsion absorbs grave coercion. If done by a private person,
Suspects may not be detained for more than 3 days without the
written approval of a municipal, city, provincial or regional official of a
Human Rights Commission or judge of the municipal, regional trial court,
the Sandiganbayan or a justice of the Court of Appeals nearest the place
of the arrest.
If the arrest is made during Saturdays, Sundays, holidays or after office
hours, the arresting police or law enforcement personnel shall bring the
person thus arrested to the residence of any of the officials mentioned
above that is nearest the place of arrest.
The approval in writing of any of the said officials shall be secured by the
police or law enforcement personnel concerned within 5 days after the
date of the detention of the persons concerned.
Provided, that within 3 days after the detention the suspects, whose
connection with the terror attack or threat is not established, shall be
released immediately.
R.A. 9745
ANTI-TORTURE ACT
ELEMENTS TORTURE
1. Any act by which severe physical or mental pain or suffering
2. is inflicted by or at the instigation of or with the consent or acquiescence of
a person in authority or his agent
3. Intentionally inflicted on a person
4. For the purpose of:
a. Obtaining information or a confession
b. Punishment for an act he or a 3rd person has committed, or is
suspected of having committed
c. Intimidation or coercion
d. Any reason based on discrimination of any kind
ACTS OF TORTURE (Sec. 4)
1. PHYSICAL TORTURE form of treatment or punishment inflicted by a
person in authority upon another in his custody that causes severe pain,
exhaustion, disability or dysfunction in one or more parts of the body.
Page 12 of 114
Examples:
a. Systematic beating, headbanging, punching, kicking, striking with
truncheon or rifle butt or other similar objects, and jumping on the
stomach;
b. Food deprivation or forcible feeding with spoiled food, animal or
human excreta and other stuff or substances not normally eaten;
c. Electric shock;
d. Cigarette burning; burning by electrically heated rods, hot oil, acid;
by the rubbing of pepper or other chemical substances on mucous
membranes, or acids or spices directly on the wound(s);
e. The submersion of the head in water or water polluted with
excrement, urine, vomit and/or blood until the brink of suffocation;
f.
Being tied or forced to assume fixed and stressful bodily position;
g. Rape and sexual abuse, including the insertion of foreign objects
into the sex organ or rectum, or electrical torture of the genitals;
h. Mutilation or amputation of the essential parts of the body such as
the genitalia, ear, tongue, etc.;
i.
Dental torture or the forced extraction of the teeth;
j.
Pulling out of fingernails;
k. Harmful exposure to the elements such as sunlight and extreme
cold;
l.
The use of plastic bag and other materials placed over the head to
the point of asphyxiation;
m. The use of psychoactive drugs to change the perception, memory,
alertness or will of a person, such as:
The administration or drugs to induce confession and/or
reduce mental competency; or
The use of drugs to induce extreme pain or certain symptoms
of a disease; and
n. Other analogous acts of physical torture; and
2.
NOTE:
The assessment of the level of severity shall depend on all the circumstances of
the case, including:
1.
Duration of the treatment or punishment
2.
Effects, physical and mental
3.
In some cases: the sex, religion, age and state of health of the victim.
PROHIBITED DETENTION Secret detention places, solitary confinement,
incommunicado or other similar forms of detention, where torture may be carried
out with impunity are hereby prohibited. (Sec. 7)
NOTE:
The PNP, AFP and other law enforcement agencies concerned shall make
an updated list of all detention centers and facilities under their respective
jurisdictions with the corresponding data on prisoners or detainees
incarcerated or detained therein.
This list shall be available to the public at all times and updated by the
same agencies every 5 days of the month at the minimum.
WHO ARE LIABLE TORTURE AND/OR CIDT:
1. Principal
a.
Any person
i.
Who actually participated or induced another in the
commission
ii.
Who cooperated in the execution of the act by previous or
simultaneous acts
b.
c.
d.
2.
Accomplice
3.
Accessory
a.
Any public officer or employee
i.
if he has knowledge that torture or other CIDT is being
committed and without having participated therein either as
principal or accomplice, takes part subsequent to its
commission in any of the following manner:
(a) By themselves profiting from or assisting the offender
to profit from the effects of the act of torture or other
cruel, inhuman and degrading treatment or
punishment;
(b) By concealing the act of torture or other cruel,
inhuman and degrading treatment or punishment
and/or destroying the effects or instruments thereof in
order to prevent its discovery; or
(c)
By harboring, concealing or assisting m the escape of
the principal/s in the act of torture or other cruel,
inhuman and degrading treatment or punishment:
Provided, That the accessory acts are done with the
abuse of the official's public functions
Page 13 of 114
a.
If the offender who enters the dwelling against the will of the owner is a
private individual, the crime committed is Trespass to Dwelling.
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 either:
1. Grave Coercion if violence or intimidation is used (Art 286), or
2.
In the 1st mode, the entrance must be against the will of the owner of the
dwelling. Lack of consent will not suffice.
Under the 3rd mode, even if the entrance is only without the consent of its
owner, the crime is committed when there is a refusal to leave the
premises when required to do so.
Homeowner
ELEMENTS:
NOTE:
If the offender is a private individual, the crime is Disturbance of Public
Order (Art 153).
Offender must be a stranger, not a participant, in the peaceful meeting;
otherwise, the offense is Unjust Vexation.
Meeting must be peaceful and there must be no legal ground for
prohibiting, dissolving or interrupting that meeting.
Interrupting and dissolving a meeting of the municipal council by a public
officer is a crime against the legislative body and is not punishable under
this article.
Those holding peaceful meetings must comply with local ordinances.
1.
2.
3.
ACTS PUNISHABLE:
1.
Procuring a search warrant without just cause
ELEMENTS:
a. That the offender is a public officer or employee;
b. That he procures a search warrant; and
c. That there is no just cause.
2.
Page 14 of 114
1.
2.
NOTE:
X, a private person, punched a priest while the priest was giving homily
and maligning a relative of X. Is X liable? X may be liable under Art. 133
(Offending religious feelings) because X is a private person.
ELEMENTS:
1. Acts complained of were performed
ELEMENTS:
1.
Public uprising and taking arms against the government
2.
Purpose:
a.
To remove from the allegiance to Government or laws:
i. Territory of Philippines (in whole or in part)
ii. Body of land, or army/naval/other forces.
b.
Deprive Chief Executive or Congress wholly or partially
of powers or prerogatives
3.
a.
b.
2.
NOTE:
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 (Art. 131)
Interruption of Religious
Worship (Art. 132)
Offending Religious
Feeling (Art. 133)
PERSONS LIABLE
Public officer or
employee who is a
stranger in the
meeting
Public officer or
employee
IF ELEMENT IS
MISSING
If by insider then
unjust vexation
If not religious then
Art 131
Any person
INSURRECTION
REBELLION
Requires taking up of arms
Giving of comfort and moral aid
alone is not punishable
No foreign enemy
Committed during time of peace or
war
TREASON
Does not require taking up of arms
Giving of comfort and moral aid is
punishable
Foreign enemy required
Committed only during time of war
REBELLION
Crime against Public Order
Does not absorb Subversion
Currently punishable under the
Revised Penal Code
SUBVERSION
Crime against National Security
Does not absorb Rebellion
No law currently punishing
Subversion
REBELLION IN GENERAL
It is a continuing crime.
A public uprising and taking up of arms are necessary for overt acts to
constitute rebellion.
o
However, taking part in the clash of arms is not
necessary to be convicted of rebellion.
o
If there is conspiracy, knowingly identifying ones self
with a group who commits rebellion is enough for
conviction, even if he himself did not rise publicly and
take arms.
Consummated the very moment rebels rise and take arms against the
Page 15 of 114
Leaders
17
ACTS
REBELLION
Promotes, maintains, or
heads
Participates, or
executes the
commands of others
COUP DTAT
Leads, directs, or
PENALTY
Reclusion Perpetua
Reclusion Temporal
Reclusion perpetua
18
19
Participants in
government service
Participants not in
government service
commands others to
undertake a Coup dtat
Participates or executes
the commands of others
Aids, abets, finances, or
otherwise assists
commission
Reclusion Temporal
Prision mayor in its
maximum period
If the actual leader is unknown, the persons who actually directed others,
spoke for the unknown leaders, signed receipts, and performed other
similar acts will be liable as the leader.
ABSORPTION (REBELLION AND INSURRECTION)
Absorption is not automatic. One has to show that common crimes were
done in pursuance of rebellious purposes, even if one was a member of a
rebellious group.
If other common crimes are done for personal purposes, even while the
person is in rebellion, the person will be held separately liable.
Page 16 of 114
b.
REBELLION AS PRE-REQUISITE
5.
ELEMENTS
1.
Offender does not take arms or is not in open hostility against the
Government.
2.
He incites others to the execution of any of the acts of rebellion
a.
He incites others to rise publicly and take arms against
the government
3.
Means: speeches, proclamations, banners, writings, emblems, or other
representations.
APPLICABILITY
1.
People incited must not actually commit rebellion for this article to apply.
2.
If people incited commit rebellion, this article is not applicable.
a.
People incited would be guilty of rebellion as principals
by direct participation.
b.
Person inciting would be guilty of rebellion as principal
by inducement.
Commotions or disturbances
of the State
PROPOSAL TO COMMIT
REBELLION ( ART. 136)
NOTE: In both proposal and inciting, the offender induces another to commit
rebellion
ART. 139. SEDITION
PERSONS LIABLE
ELEMENTS
1.
Offenders rise publicly and tumultuously
2.
Means: force, intimidation, outside legal method.
3.
Objectives:
a.
Prevent promulgation/execution of law or holding of
popular election
b.
Prevent government or officer thereof from freely
exercising functions
c.
Inflict act of hate or revenge upon public officer or
employee or his property
d.
Commit for political or social end, any act of hate or
revenge on any person or social class
e.
Despoil for any political or social end, any person, the
Government, or any division thereof of all or some of
their property.
SEDITION IN GENERAL
1.
Sedition is the raising of commotions or disturbances in the State.
2.
Can be committed by both private and public persons.
3.
Object is generally a violation of public peace.
4.
It cannot be committed by one person alone.
a.
Something is considered tumultuous if it involves at
least four men with weapons or other means of
violence.
PUNISHABLE ACTS
1.
Inciting others to sedition by means of speeches,
writings, emblems, etc.
2.
Uttering seditious words which disturb the public
3.
Writing, publishing, or circulating scurrilous libels
Government which tend to disturb public
peace.
proclamations,
speech.
against
Page 17 of 114
of the government.
1.
2.
NOTE: The 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.
JUST CAUSE
If there is just cause for preventing a meeting, the person doing so is not
liable under this article.
Just cause must appear immediately and must not be one assumed and
1.
2.
a.
b.
NOTE: Accused may also be punished for contempt by the legislative body
SECTION 2. VIOLATION OF PARLIAMENTARY IMMUNITY
ART. 145. VIOLATION OF PARLIAMENTARY IMMUNITY
PUNISHABLE ACTS
1.
Using force, intimidation, threats, or fraud to prevent attendance,
expression of opinion, or casting of vote, of
any member of Congress.
2.
Arresting or searching member while Congress is in regular or special
session.
a.
Unless the member is charged with a crime with a
penalty higher than prision mayor
b.
However, to harmonize with the 1987 Constitution, the
RPC provision should be read as a penalty of prision
mayor or higher
ELEMENTS OF ACT 1
1. Means: force, intimidation, threats, or fraud
2.
Assembly from
ELEMENTS OF ACT 2
1. Offender: Public officer or employee
2.
Arrests or searches any member of Congress
3.
During regular or special session
4.
Member searched/arrested has not committed a crime punishable
arresto mayor or higher
by
It is sufficient that offender had the purpose and performed overt acts to
achieve such purpose.
PARLIAMENTARY IMMUNITY
Protects from civil and criminal liability
================================================
Chapter 3: Illegal Assemblies and Associations
================================================
ART. 146. ILLEGAL ASSEMBLIES
Page 18 of 114
meeting
2.
===============================================
Chapter 4: Assault upon and resistance and disobedience to persons in
authority and their agents
===============================================
ART. 148. DIRECT ASSAULT
2 FORMS OF DIRECT ASSAULT
1.
1.
2.
3.
2.
1.
a.
PERSONS LIABLE
1.
Founders and Presidents
2.
Members
b.
NOTE:
Not all the persons present at the meeting of the first form of
illegal assembly need to be armed.
ILLEGAL ASSOCIATION
Page 19 of 114
FORCE EMPLOYED
Person in
Authority
Agent
Must be of serious
character
INTIMIDATION/
RESISTANCE
Serious
Serious
QUALIFYING CIRCUMSTANCES
OFFENDED PARTY
May be a private person.
NOTE:
Di
rect assault must have been committed first before this article can be
applicable.
If, while a person in authority or his agent is performing his duty and
someone helps him, and then the helper is attacked by a person, without
however attacking the person in authority or agent, it is not indirect
assault.
Simple disobedience
ELEMENTS OF RESISTANCE OR SERIOUS DISOBEDIENCE
The word serious in this article refers only to disobedience, and not to
resistance. Serious resistance is punished under Art. 148.
NON-DELIBERATE ATTACK OR EMPLOYMENT OF FORCE
When accused did not have knowledge that the person arresting him was
Page 20 of 114
B
urying with pomp the body of a person who has been legally executed
QUALIFYING CIRCUMSTANCE
If the 1st or 2nd act is tumultuous in character, the penalty next higher in
degree shall be imposed.
TUMULTUOUS caused by more than 3 persons who are armed or
provided with means of violence.
DISTINGUISHING DIRECT ASSAULT FROM RESISTANCE AND SERIOUS
DISOBEDIENCE
DIRECT ASSAULT
RESISTANCE OR SERIOUS
DISOBEDIENCE
Authority/agent must be in
performance of official duties or was
assaulted by reason thereof
AGENTS
Not deemed persons in authority for other purposes under the law
Reason: to give teachers protection, dignity and respect while performing
their duties.
================================================
Chapter 5: Public Disorders
================================================
ART. 153. TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER
PUNISHABLE ACTS
NOTE:
Serious disturbance must be planned or intended
20
Page 21 of 114
1.
2.
3.
2 PENALTIES
1.
Prision correccional in its minimum period if the penalty remitted
does not exceed 6 years.
2.
The unexpired portion of his original sentence if the penalty
remitted is higher than 6 years.
NOTE: Offender must have been found guilty of the subsequent offense
(through w/c he violated his conditional pardon) before he can be prosecuted
under this Article. But under the Revised Admin. Code, no conviction is
necessary. President has the power to arrest, and reincarcerate offender without
trial.
================================================
Page 22 of 114
2.
QUASI-RECIDIVISM
Different from reiteracion, which requires that the offender first finishes
serving out his sentence before committing another crime.
Different from recidivism, where the first and second offense must be
embraced in the same title of the Code.
PARDON
When one reaches the age of 70 and he has served out his original
sentence, he may be pardoned.
The offender in this article should not be the one who did the
counterfeiting or forgery, otherwise, he will be liable under the previous
paragraph.
Offender is punished under this article with a penalty one degree lower
than that provided in the next preceding article, even if his act is that of an
accessory to the crime of counterfeiting the great seal or forging the stamp
or signature.
SECTION 2 COUNTERFEITING COINS
ART. 163. MAKING, UTTERING, AND IMPORTING FALSE COINS
ELEMENTS
1.
There are false or counterfeited coins
2.
Offender made, imported, or uttered said coins
3.
In case of uttering, offender should be in connivance with either
counterfeiter of importer
NOTE:
A coin is counterfeit if it is forged, or if it is not authorized by the
government as legal tender, regardless if it is of intrinsic value.
Counterfeiting is the imitation of legal or genuine coin such as to deceive
an ordinary person in believing it to be genuine.
To utter is to pass counterfeited coins, deliver or give away.
Page 23 of 114
2.
3.
1.
rging or falsification of treasury or banking notes or other documents
Importation of such false or forged obligations or notes
Uttering such in connivance with the forgers or importers
Fo
NOTE:
Forging is committed by giving a treasury or bank note or any instrument
payable to bearer or order an appearance of a true and genuine
document.
Falsification is committed by erasing, substituting, counterfeiting or
altering by any means the figures and letters, words, signs contained
therein.
Forging PNB checks is not included under this article. That is falsification
of commercial document under Article 172.
Obligation or security includes bonds, certificate of indebtedness, bills,
national bank notes, coupons, treasury notes, certificates of deposit,
checks, drafts for money, and sweepstakes money.
ART. 167. COUNTERFEITING, IMPORTING, OR UTTERING INSTRUMENTS
NOT PAYABLE TO BEARER
ELEMENTS
1.
There is an instrument payable to order or other document not payable to
bearer
2.
The offender forges such document or imports or utters such forged
instrument.
3.
In case of uttering, the offender is in connivance with the forgers or
importers
ART. 168. ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR
BANK NOTES AND OTHER INSTRUMENTS OF CREDIT
ELEMENTS
1.
Documents in the preceding articles are forged or falsified by another
person
2.
Offender knows them to be forged or falsified
3.
He uses them or possesses them with intent to use
NOTE:
ELEMENTS
1.
There is a bill, resolution, or ordinance enacted, approved, or pending
approval by Congress or any provincial or municipal council/board.
2.
The offender alters it
3.
He has no proper authority to do so
4.
Alteration has changed the meaning of the document
ACTS PUNISHABLE
NOTE:
Page 24 of 114
2.
The bill, resolution, or ordinance must be genuine. This article does not
cover a fabricated or simulated legislative document.
Offender can be any person, for as long as he has no authority.
This article only punishes alteration which changes its meaning. Any other
tampering with legislative documents is covered under Art. 171 or 172.
OR
IMITATING
ANY
SIGNATURE,
1.
2.
REQUISITES
If performed by a private person, as with all acts under Art. 171, Art. 172
should be applied.
3RD ACT: ATTRIBUTING TO PERSONS WHO HAVE PARTICIPATED IN AN
ACT OR PROCEEDING STATEMENTS OTHER THAN THOSE IN FACT MADE
BY THEM
ELEMENTS
Persons participated in an act or proceeding
Persons made statements in that proceeding.
Offender attributed to such person or persons statements other than those
in fact made.
1.
2.
3.
LEGAL OBLIGATION
There is a law requiring the disclosure of the truth of the facts narrated
If the law does not require a piece of information, even if accused lied
about that info, he is not liable.
3. Legal obligation is inherent in residency certificate.
1.
2.
ABSOLUTELY FALSE
If the statements are not altogether false, there being some colourable
truth in such statements, the crime of falsification is not deemed to have
been committed.
WRONGFUL INTENT
1.
A person is not guilty if he was not animated by desire to do wrong or to
injure a third person.
2.
Good faith is a defense. If offender believed what he put was true, he is
not liable.
OTHER NOTES
1. Even if consent for contract was obtained by violence, it does not make
facts narrated in it false.
2. There can be falsification by omission.
5TH ACT: ALTERING TRUE DATES
NOTE:
There is falsification only when the date mentioned in the document is
essential.
Change of date must affect the veracity of the document or the
effects/meaning thereof.
Page 25 of 114
NOTE:
Contemplates the changing entries in records such as the local civil
registry.
Malicious intent not necessary
ART. 172. FALSIFICATION BY PRIVATE INDIVIDUAL AND USE OF
FALSIFIED DOCUMENTS
ACTS PUNISHABLE
1.
Falsification of public, official or commercial document by private
individual.
2.
Falsification of private document by any person.
3.
Use of falsified document in a judicial proceeding, or to the prejudice of
another in any other proceeding.
4.
Commercial document
a.
Defined and regulated by Code of Commerce
b.
Promote or facilitate trade.
c.
Cash disbursement vouchers not included.
All other writings are private.
Page 26 of 114
b.
NOTE:
ART.
174 FALSE MEDICAL CERTIFICATE, FALSE CERTIFICATES OF MERIT
OR SERVICE, ETC.
PERSONS LIABLE
Physician or surgeon, for falsifying a medical certificate
SIMILAR CIRCUMSTANCES
1.
Similar to merit, service, or good conduct.
2.
Thus, certificates pertaining to ownership of property are not included.
ART. 175 USING OF FALSE CERTIFICATES
ELEMENTS
1. Crime in Art. 174 has been committed by another person
2. Offender knew of the falsified nature of the certificate
3. Offender used such false certificate
SCOPE
This article applies, even if the falsified documents were used in a judicial
proceeding.
SECTION 6 MANUFACTURING, IMPORTING, AND POSSESSION OF
INSTRUMENTS OR IMPLEMENTS
ART. 176 MANUFACTURING AND POSSESSION OF INSTRUMENTS OR
IMPLEMENTS FOR FALSIFICATION
ACTS PUNISHABLE
1.
Making or introducing into the country, implements and instruments for
counterfeiting/falsification
2.
Possessing items made or imported by another person, with intent to use
the same.
a.
Includes constructive possession
b.
Either actual ownership or mere control
IMPLEMENTS CONFISCATED
1.
Not necessary that they form a complete set for counterfeiting
2.
Enough that they may be employed by themselves or together with other
implements to commit the crime of counterfeiting or falsification
R.A. 9184: THE GOVERNMENT PROCUREMENT ACT
(THE NEW PUBLIC BIDDING LAW)
PUNISHABLE ACTS
1. Those committed by public officers
a. Open any sealed Bid and any and all
documents required to be sealed or
divulging their contents, prior to the
appointed time for the public opening of
Bids or other documents.
b. Delaying without justifiable cause any of
the following beyond the prescribed
periods:
i. Screening for eligibility
ii. Opening for bids
iii. Evaluation and post evaluation for bids
iv. Awarding of contracts
c. Unduly influencing or exerting undue
pressure on any member of the BAC or
Page 27 of 114
d.
e.
f.
2.
JURISDICTION
Jurisdiction over the offenses defined under this Article
shall belong to the appropriate courts, according to laws
existing at the time of the commission of the offenses.
================================================
Chapter 2: Other falsities
================================================
SECTION 1 USURPATION OF AUTHORITY, RANK, TITLE, AND IMPROPER
USE OF NAMES, UNIFORMS, AND INSIGNIA
ART. 177. USURPATION OF AUTHORITY AND OFFICIAL FUNCTIONS
ACTS PUNISHABLE
1.
Usurpation of authority knowingly and falsely representing oneself to be
an officer, etc.
a.
Mere act of knowingly and falsely representing oneself
to be an officer, etc., is sufficient.
b.
It is not necessary that he performs an act pertaining to
a public officer
2.
Usurpation of official functions doing any act pertaining to any public
officer, etc. without being authorized to do so.
a.
Essential that offender should have performed act
pertaining to public officer
REPRESENTATION
Must represent officers named in article, and not just any authority figure
Page 28 of 114
2.
3.
3 possible purposes
Literary purposes
Athletic events
NOTES ON THE LAW
1.
Judicial authority must be first secured by a person who desires to
use an alias.
2.
4.
3. Of
fender knows that it is false; and
The defendant against whom the false testimony is given is either
acquitted or convicted in a final judgment.
The offender need not impute guilt upon the accused to be liable.
The witness who gave false testimony is liable even if the court did not
consider his testimony.
Since Art. 180 does not prescribe the penalty where the defendant in a
criminal case is sentenced to a light penalty, false testimony in case of a
light penalty cannot be punished, considering that a penal law must
always be strictly construed.
That the testimony must relate to the issues presented in said case;
That the false testimony must be given by the defendant knowing the
same to be false; and
That the testimony must be malicious and given with an intent to affect the
issues presented in the said case.
NOTE:
Page 29 of 114
COMPETENT OFFICER
1.
Person who has a right to inquire into the questions presented to him
under his jurisdiction
2.
No perjury if not competent authority
REQUIRED BY LAW
1.
There is a law requiring it OR
2.
The statement or document is made for legal purposes.
3.
It is sufficient that the oath had been administered with a view of carrying
into effect a legal purpose.
DEFINITIONS
MATERIALITY
1. There must be competent proof of the materiality of the false testimony
2. Matter must not simply be pertinent, that is, relating to collateral matters
which make more or less probable the proposition at issue.
3. It must be material, that is, directly proving or disproving a fact at issue.
4. No perjury if false imputations in testimony or affidavit were not on
material matter.
SUBORNATION OF PERJURY
1. Knowingly and wilfully procuring another to swear falsely
2. Not expressly punished in the revised penal code, but offender may be
liable as a principal by inducement.
ART. 184. OFFERING FALSE TESTIMONY IN EVIDENCE
ELEMENTS
1. Offered in evidence false witness or testimony
2. Offender knew of falsity
3. During judicial or official proceedings
NOTE:
This article applies when the offender, without inducing another but
knowing him to be a false witness, presented him and the latter testified
falsely in a judicial or official proceeding.
22
23
et.
al.,
v.
Salvatierra,
G.R.
No.
Elements
1.
Offender imports, sells, or disposes item
2.
Stamps, brands, or marks fail to indicate the actual fineness or quality
3.
Offender knows of such failure to indicate
SELLING, DISPOSING, AND IMPORTING
1.
It is not necessary that such items are actually sold and public actually
deceived, before one can be liable under this article
2.
If one is charged with importation, there must be proof that item was in
fact imported.
OFFENDER
1.
Those who import, sell, or dispose items.
2.
This article is not applicable to the manufacturer of articles of gold, silver,
etc. He is liable for estafa.
Page 30 of 114
NOTE: The Dangerous Drug Act of 2002 repealed the articles under Title Five of
the revised penal code. Crimes relative to prohibited drugs are now covered by
R.A. 9165.
ACTS PUNISHABLE
1.
2.
3.
5.
6.
7.
8.
Page 31 of 114
2.
Intent to possess
2.
NOTE:
9.
a.
b.
c.
prescribe medicine.
Prescription is unnecessary when physical or physiological condition
does not require the dosage prescribed.
3.
4.
5.
chemical
Sale, trading, administration, dispensation, delivery, distribution and
transportation of any dangerous drug and/or controlled precursor and
essential chemical
Maintenance of a den, dive, or resort where any dangerous drug is used
in any form
Manufacture of any dangerous drug and/or controlled precursor and
essential chemical
Cultivation or culture of plants which are sources of dangerous drugs.
PRESCRIPTION
1.
The period of prescription for the offense charged against a drug
dependent under the compulsory submission program shall not run during
the time that the drug dependent is under confinement in a Center or
otherwise under the treatment and rehabilitation program approved by the
board.
CONDITIONS FOR EXEMPTION FROM CRIMINAL LIABILITY UNDER THE
VOLUNTARY SUBMISSION PROGRAM
1. He/she has complied with the rules and regulations of the rehabilitation
center, including the rules of the after-care and follow-up program
2. He/she has never been charged or convicted of any offense punishable
under the Dangerous Drug Act, the RPC, or other special penal laws.
3. He/she has no record of escape from a center, or in the event of an
escape, he surrendered himself/herself within a week.
4. He/she poses no serious danger to himself/herself, his/her family or the
community by his/her exemption from criminal liability.
5. Other persons liable:
a. Public officer or employee who misappropriates,
misapplies or fails to account for confiscated, seized, or
surrendered dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential
chemicals, instruments/paraphernalia and/or laboratory
equipment including the proceeds or properties
obtained from the unlawful acts.
b. Any elective local or national official who have
benefited from the proceeds of trafficking of dangerous
drugs or have received any financial/material
contributions or donations from natural or juridical
persons guilty of drug trafficking.
c. If the violation of the Act is committed by a partnership,
corporation, association or any judicial person, the
partner, president, director, or manager who consents
to or knowingly tolerates such violation shall be held
criminally liable as co-principal.
d. Any person who is found guilty of planting any
dangerous drugs and/or controlled precursor and
essential chemicals, regardless of quantity or purity
(penalty of death).
e. Any person violating a regulation issued by the
Dangerous Drugs Board
f. Any person authorized to conduct drug test who issues
false or fraudulent drug test results knowingly, wilfully or
through gross negligence.
g. Any government officer tasked with the prosecution of
drug-related cases under this Act who delays or
bungles the prosecution.
NOTE:
Page 32 of 114
Fa
ilure to report in either case shall, after hearing, constitute sufficient cause
for disciplinary action by the school authorities. (Sec. 44)
END OF DISCUSSION ON TOPIC
5. CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
Page 33 of 114
===========================================================================
=========
Crimes Against Public Morals
===========================================================================
=========
P.D. 1602. PRESCRIBING STIFFER PENALTIES IN ILLEGAL GAMBLING
(Repealed Art. 195-199 RPC, PD 483 Betting Law, and PD 449 Cockfighting Law insofar as they are inconsistent with it).
===========================================================================
=========
TOPICS UNDER THE SYLLABUS:
PD 449
Chapter 1: Gambling and Betting
Chapter 2: Offenses Against Decency and Good
PD 1602
Customs
RA 9287
PD 1563
PD 483
===========================================================================
=========
==============
Chapter 1: Gambling and Betting
==================================
==================================
PENALTY
Prision
correccional,
medium or fine
ranging
from
P1,000 to P6,000
In
case
of
recidivism: Prision
mayor, medium or
fine ranging from
P5,000 to P10,000
Prision
correccional
maximum, fine of
P6,000
Prison
mayor,
medium,
with
temporary
absolute
disqualification or
fine of P6,000
Prision
correccional
medium or fine
P400 to P2,000
Temporary
absolute
disqualification
ACTS PUNISHABLE
1. Any person who shall directly or indirectly takes part in any illegal or
unauthorized activities or games of:
a. Cockfighting, jueteng, jai-alai or horse racing to include bookie operations
and game fixing, numbers, bingo and other forms of lotteries
b. Cara y cruz, pompiang and the like
c.
7-11 and any game using dice
d. Black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajo,
pangguigue and other card games
e. Pak que, high and low, mahjong, domino and other games using plastic
tiles and the like
f.
Slot machines, roulette, pinball and other mechanical contraptions and
devices
g. Dog racing, boat racing, car racing and other forms of races
h. Basketball, boxing, volleyball, bowling, pingpong and other forms of
individual or team contests to include game fixing, point shaving and
other machinations
i.
Banking or percentage game, or any other game or scheme, whether
upon chance or skill, wherein wagers consisting of money, articles of
value or representative of value are at stake or made
2. Any person who knowingly permits any form of gambling in an inhabited or
uninhabited place or in any building, vessel or other means of transportation
owned or controlled by him
1. Any person who shall knowingly permit gambling in a place with reputation of
a gambling place, or that prohibited gambling is frequently carried on therein,
or in a public or government building or barangay hall
2.
Maintainer or conductor of above gambling schemes
If maintainer, conductor, banker of gambling schemes; player, promoter,
referee, umpire, judge or coach in case of game fixing, point shaving and
machination is a government official
Any person who knowingly and without lawful purpose possess lottery list,
paper or other matter containing letters, figures, signs or symbols
pertaining to or in any manner used in the games of jueteng, jai-alai or
horse racing bookies, and similar games of lotteries and numbers which
have taken place or about to take place
Barangay official who with knowledge of existence of gambling house/place in
his jurisdiction fails to abate or take action
==============
GAMBLING any game or scheme, whether upon chance
or skill wherein wagers consisting of money, articles or
value or representative of value are at stake or made
MAINTAINER person who sets up and furnishes the
means with which to carry on the gambling game or
scheme
CONDUCTOR person who manages or carries on the
gambling game or scheme
NOTE:
1. In PD 1602, playing for money is not a necessary
element to the game for one to commit a crime.
When the law names the games, punishing any
person who takes part therein, its purpose is to
prohibit absolutely those games.
2. A mere bystander or spectator is not criminally liable
because he does not directly or indirectly take part.
3. A game or scheme is punishable even if winning
depends upon skill as long as wagers (consisting of
money, articles of value or representative of value)
are at stake or made.
4. Proof that game took place or is about to take place
is not necessary; burden of evidence is shifted to
accused to show that his possession is lawful or is
not connected with jueteng game; but proof to the
contrary by prosecution is necessary when jueteng
lists pertain to games played on dates other than the
date of the raid.
5. PD 519 has outlawed pinball and slot machines and
other similar devices and nullified all permits and/or
licenses to operate the same.
ELEMENTS KNOWINGLY PERMITTING GAMBLING
TO BE CARRIED ON IN A PLACE OWNED OR
CONTROLLED BY THE OFFENDER:
1. That a gambling game was carried on in an
inhabited or uninhabited place or in any building,
vessel or other means of transportation.
2. That the place, building, vessel or other means of
transportation is owned or controlled by the
offender.
3. That the offender permitted the carrying on of
such game, knowing that it is a gambling game.
LOTTERY Scheme for the distribution of prizes by
chance among persons who have paid, or agreed to pay a
valuable consideration for the chance to obtain a prize.
ELEMENTS LOTTERY:
11 Consideration
11 Chance
11 Prize/advantage/inequality in amount or value which
is in the nature of prize
NOTE: In a criminal case (Olsen)24, there is no lottery
where a person gets the full value for his money, and the
winning of price is merely incidental. But in a civil case
(El Debate)25, if the inducement to win prize is the
reason for the purchase then even if full value for money
24
PENALTY:
IMPRISONMENT
30 90 days
6 yrs and 1 day 8 yrs
8 yrs and 1 day 10 yrs
10 yrs and 1 day 12 yrs
12 yrs and 1 day 14 yrs
14 yrs and 1 day 16 yrs
16 yrs and 1 day 18 yrs
PENALTY
2. Fine: P 3M P5M
3. Perpetual and absolute
disqualification from
public office
Perpetual and absolute
disqualification from public
office
Administrative Penalty:
Suspension or Dismissal
2.
3.
4.
5.
Legal Holidays
During local fiestas for not more than 3 days
Provincial, city or municipal agriculture, commercial
or industrial fair, carnival or exposition for a similar
period of three days upon resolution, subject to
approval of Chief of Constabulary or his authorized
representativenot allowed within month of local
fiesta of for more than two occasions a year in same
city or municipality
EXCEPT: December 30, June 12, November 30, Holy
Thursday, Good Friday, Election or Referendum Day
and during Registration Days for such election or
referendum
Tourists
Balikbayan
For support of national fund-raising campaigns for
charitable purposes as may be authorized by the
Office of the President, upon resolution of a provincial
board, city or municipal council
NOTE:
2.
3.
==================================
==============
Chapter 2: Offenses Against Decency and Good
Customs
==================================
==============
NOTE:
Horse races are not allowed on: (a) June 12th of each
year, (b) Dec 30th of each year, (c) Any registration
or voting days and (d) Holy Thursday and Good
Friday.
ELEMENTS:
1. That the offender performs an act/s;
2. That such act/s be highly scandalous as offending
against decency or good customs;
3. That the highly scandalous conduct does not
expressly fall within any other article of the RPC;
and
4. That the act/s complained of be committed in a
public place or within the public knowledge or
view.
GRAVE SCANDAL consists of acts which are offensive
to decency and good customs which, having been
committed publicly and thus, give rise to public scandal
to persons who have accidentally witnessed the acts.
DECENCY propriety of conduct; proper observance of
the requirement of modesty, good taste, etc.
CUSTOMS
established
usage,
social
conventions
CRIME
Trespass To Dwelling
Attempted Theft
Vagrancy
P.D. 1563.
MENDICANCY LAW OF 1978
PERSONS LIABLE:
1. MENDICANT Those with no visible and legal means
of support, or lawful employment and physically able
to work but neglects to apply himself to lawful calling
and instead uses begging as means of living (higher
penalty if convicted 2 or more times)
2. Any person who abets mendicancy by giving alms
on public roads, sidewalks, parks and bridges except
if given through organized agencies operating under
regulations of Ministry of Public Information
TEST OF OBSCENITY:
Whether the tendency of the matter has a tendency to
deprave or corrupt those whose minds are open to such
immoral influences. A matter can also be considered
obscene if it shocks the ordinary and common sense of
men as indecency.26
NOTE:
1. Giving alms through organized agencies operating
under the rules and regulations of the Ministry of
Public Information is not a violation of the Mendicancy
Law.
2. A vagrant without visible means of support may
become a mendicant if he uses begging as a means
of living.
3. Under R.A. 9344 persons below eighteen (18)
years of age shall be exempt from prosecution for
the crime of vagrancy and prostitution under Section
202 of the Revised Penal Code, of mendicancy under
Presidential Decree No. 1563, and sniffing of rugby
under Presidential Decree No. 1619, such prosecution
being
inconsistent
with
the
United
Nations
Convention on the Rights of the Child.
NOTE:
Publicity is an essential element.
==================================
=====
7. Crimes Committed by Public Officers
=================================
By popular election, or
By appointment by competent authority.
NOTE:
CE
be performed
MISFEASANCE:
1. Knowingly rendering unjust judgment
2. Rendering judgment through negligence
3. Rendering unjust interlocutory order
4. Malicious delay in the administration of justice
NONFEASANCE:
1. Dereliction of duty in prosecution of offenses
MALFEASANCE:
1. Direct bribery
2. Indirect bribery
SECTION 1. DERELICTION OF DUTY
ART. 204. KNOWINGLY
JUDGMENT
RENDERING
AN
UNJUST
ELEMENTS:
1. That the offender is a judge;
2. That he renders a judgment in the case submitted
to him for decision;
3. That the judgment is unjust; and
4. That the judge knows that the decision is unjust.
NOTE:
JUDGMENT
RENDERED
THROUGH
ELEMENTS:
1. That the offender is a judge;
2. That he renders judgment in a case submitted to
him for decision;
3. That the judgment is manifestly unjust; and
4. That it is due to inexcusable negligence or
ignorance.
MANIFESTLY UNJUST JUDGMENT manifestly contrary
to law that even a person having meager knowledge of
law cannot doubt the injustice.
ART. 206. UNJUST INTERLOCUTORY ORDER
ELEMENTS:
1. That the offender is a judge; and
b. Renders
DELAY
IN
THE
ELEMENTS:
1. That the offender is a judge;
2. That there is a proceeding in his court;
3. That he delays the administration of justice; and
4. That the delay is malicious, that is, the delay is
caused by the judge with deliberate intent to inflict
damage on either party in the case.
6.
ART.
208.
PROSECUTION
NEGLIGENCE AND TOLERANCE
ACTS PUNISHABLE:
1. By agreeing to perform, or by performing, in
consideration of any offer, promise, gift or presentan act constituting a crime, in connection with the
performance of his official duties
Acceptance of the offer or promise is
enough to consummate the crime. If the
offer is not accepted, only the person
offering the gift is liable for attempted
corruption of a public officer.
gift must have a value or be capable of
pecuniary estimation. It could be in the form
of money, property or services.
2. By accepting a gift in consideration of the execution
of an act which does not constitute a crime in
connection with the performance of his official duty
3. By agreeing to refrain, or by refraining, from
doing something which it is his official duty to
do, in consideration of a gift or promise
OF
OFFENSES;
ACTS PUNISHABLE:
By
maliciously
refraining
from
instituting
prosecution against violators of the law
ELEMENTS:
1. That the offender be a public officer;
2. That the offender accepts an offer or promise or
receives a gift or present by himself or through
another;
3. That such offer or promise be accepted or
gift/present received by the public officer a.With a view to committing some crime; OR
b.In consideration of an execution of an act which
does not constitute a crime, but the act must
be unjust; OR
c. To refrain from doing something which is his
official duty to do;
4. That the act which the offender agrees to perform or
which he executes be connected with the
performance of his official duties.
TEMPORARY PERFORMANCE OF PUBLIC FUNCTIONS
MAKE THE PERSON A PUBLIC OFFICER
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
ROBBERY (ART.
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.
DIRECT BRIBERY
INDIRECT BRIBERY
In both, public officer receives a gift.
There is an agreement
Usually no such agreement.
between the public officer
and the giver.
1.
2.
3.
NOTE:
This
felony
may
be
complexed
with
malversation. Ex. A tax collector who collected a
sum larger than that authorized by law and spent all
of them is guilty of two crimes, namely: (1) illegal
exaction, for demanding a greater amount; and (2)
malversation for misappropriating the amount
collected.
NOTE:
R.A. 7080
AN ACT DEFINING AND PENALIZING THE CRIME OF
PLUNDER
ILL-GOTTEN WEALTH: Any asset, property, business
enterprise or material possession of any person acquired
by him directly or indirectly through dummies, nominees,
agents, subordinates, and/or business associates by any
combination or series of the following means or similar
schemes:
11
Through
misappropriation,
conversion,
misuse or malversation of public funds or raids on the
public treasury.
11
By receiving, directly or indirectly, any
commission, gift, share, percentage, kickbacks or any
other form of pecuniary benefit from any person and/or
entity in connection with any government contract or
project or by reason of the office or position of the public
officer concerned;
11
By the illegal or fraudulent conveyance
or disposition of assets belonging to the National
Government or any of its subdivisions, agencies or
instrumentalities or government-owned or controlled
corporations and their subsidiaries;
11
By obtaining, receiving or accepting, directly
or indirectly, any shares of stock, equity or any other form
of interest or participation, including the promise of
future employment in any business enterprise or
undertaking.
11
By establishing agricultural, industrial or
commercial monopolies or other combinations, and/or
A.
R.A. 9372
HUMAN SECURITY ACT
ELEMENTS:
28
NOTES:
NOTE:
NOTE:
ILLEGAL USE OF
MALVERSATION
FUNDS OR PROPERTY
(ART. 217)
(ART. 220)
Offender is an accountable public officers.
Offender does not derive
any personal gain or
profit.
==================================
===============
Chapter 5: Infidelity of Public Officers
==================================
===============
SECTION 1. INFIDELITY IN THE CUSTODY OF
PRISONERS
ART. 223. CONNIVING WITH OR CONSENTING TO
EVASION
ELEMENTS:
1. That the offender is a public officer (on duty);
2. That he is charged with the conveyance or
custody of a prisoner, either detention prisoner or
prisoner by final judgment;
3. That such prisoner escaped from his custody; and
4. That he was in connivance with the prisoner in the
latters escape.
DETENTION PRISONER - A person becomes a detention
prisoner from the moment he is booked. This refers to
the accomplishment of the booking sheet and filling out
of a form where he is finger printed. From that time on,
he is already a detention prisoner even if he is not yet
incarcerated.
b.
OR
ELEMENTS
OF
INFIDELITY
IN
CUSTODY
OF
DOCUMENTS:
That the offender be a public officer;
That he abstracts, destroys or conceals a
document or papers;
That the said document or paper should have been
entrusted to such public officer by reason of his
office; and
That damage, whether serious or not, to a third
party or to the public interest should have been
caused.
NOTE:
NOTE:
==================================
=========
Chapter 6: Other offenses or irregularities by
Public Officers
==================================
=========
SECTION 1. DISOBEDIENCE, REFUSAL OF
ASSISTANCE, AND MALTREATMENT OF PRISONERS
ART. 231. OPEN DISOBEDIENCE
ELEMENTS:
That the offender is a judicial or executive officer;
That there is a judgment, decision or order of
superior authority;
That such judgment, decision or order was made
within the scope of the jurisdiction of the superior
authority and issued with all the legal formalities;
and
That the offender without any legal justification
openly refuses to execute the said judgment,
decision or under which he is duty bound to obey.
ART. 232. DISOBEDIENCE TO ORDER OF SUPERIOR
OFFICER; WHEN SAID ORDER WAS SUSPENDED BY
INFERIOR OFFICER
ELEMENTS:
1. That the offender is a public officer;
2. That an order is issued by his superior for execution;
3. That he has for any reason suspended the execution
of such order;
4. That his superior disapproves the suspension of the
execution of the order; and
5. That the offender disobeys his superior despite the
disapproval of the suspension.
ART. 234.
OFFICE
REFUSAL
TO
DISCHARGE
ELECTIVE
ELEMENTS:
1. That the offender is elected by popular election to a
public office;
2. That he refuses to be sworn in or discharge the
duties of said office;
3. That there is no legal motive for such refusal to be
sworn in or to discharge the duties of said office.
only.
Offender may also be held liable for physical
injuries or damage caused. (Penalty provided in
Article 235 is imposed in addition to penalty for
injury or damage caused)
ABANDONMENT OF OFFICE
OR POSITION (ART. 238)
Committed by any public
officer
There is actual
abandonment through
resignation to evade the
discharge of duties.
DERELICTION OF DUTY
(ART. 208)
Committed only by public
officers who have the duty
to institute prosecution
Public officer does not
abandon his office but
merely fails to prosecute a
violation of the law.
REQUEST
FOR
ELEMENTS:
1. That the offender is a public officer;
2. That a proceeding is pending before such public
officer;
3. That there is a question brought before the proper
authority regarding his jurisdiction, which is not yet
decided;
4. That he has been lawfully required to refrain from
continuing the proceeding; and
5. That he continues the proceeding.
ART. 243. ADDRESSING ORDERS OR REQUESTS BY
EXECUTIVE OFFICER TO ANY JUDICIAL AUTHORITY
ELEMENTS:
1. That the offender is an executive officer;
2. That he addresses any order or suggestion to any
judicial authority; and
3. That the order or suggestion relates to any case or
business coming within the exclusive jurisdiction of
the courts of justice.
NOTE: Legislative or judicial officers are not liable under
this article.
ART. 244. UNLAWFUL APPOINTMENTS
ELEMENTS:
1. That the offender is a public officer;
2. That he nominates or appoints a person to a public
office;
3. That such person lacks the legal qualification
4.
therefor; and
That the offender knows that his nominee or
appointee lacks the qualification at the time he made
the nomination or appointment.
NOTE:
=====
TOPICS UNDER THE SYLLABUS:
Chapter 1: Destruction of Life
Sec. 1 - Parricide, Murder, Homicide
Sec. 2 - Infanticide and Abortion
Sec. 3 - Duel
Chapter 2: Physical Injuries
R.A. 9262
R.A. 9775
R.A. 8049
R.A. 7610
R.A. 9344
==================================
==============
Chapter 1: Destruction of Life
==================================
==============
SECTION ONE - PARRICIDE, MURDER, HOMICIDE
ART. 246. PARRICIDE
ELEMENTS:
1. That a person is killed;
2. That the deceased is killed by the accused;
3. That the deceased is the
11 father, mother, or child, whether
legitimate or illegitimate, or
11 legitimate other ascendant or other
descendant, or
11 legitimate spouse of the accused.
RELATIONSHIP OF THE OFFENDER WITH THE VICTIM
IS THE ESSENTIAL ELEMENT
1. Required to determine legitimacy of relationship
2. The following are excluded (i.e., the accused will not
be guilty of parricide) ALAIC
a. Adoptive relationship (adopting parentadopted child)
b. Child less than 3 days old (infanticide)
c. Relationship by affinity (in-laws)
d. Illegitimate
other
ascendant/descendant
e. Common-law spouse
NOTES:
1. Relationship must be alleged and proved. If not
alleged, it can only be considered as an ordinary
aggravating circumstance.
2. Punished by reclusion perpetua to death
3. Only relatives by blood and in direct line (except
spouse) are considered
4. Marriages among Muslims or among members of
ethnic cultural communities recognized (Art. 33,
Family Code)
5. Parricide through reckless imprudence
a. Reckless imprudence punished by arresto
mayor in its max. period to prision
correccional in its med. period
b. Simple imprudence or negligence
punished by arresto mayor in its med.-max.
periods
6.
7.
8.
4.
5.
6.
7.
Homicide (item 6)
When two different persons inflicted the wounds
which caused the death, both are guilty of homicide
a. The burden to prove otherwise is on
each of the defendants
b. Proof of conspiracy is not necessary
c. Also applies when it was not shown
which wounds were inflicted by each
person
When defense is not allowed to exculpate
a. Refusal of victim to be operated
b. When the act of mortally wounding and
the fact of suicide by the victim concur
Use of unlicensed firearm is considered as an
aggravating circumstance and not as a separate
crime
Punished by reclusion temporal
CAUSED
IN
TUMULTUOUS
ELEMENTS
1. That there be several persons;
2. That they did not compose groups organized for
the common purpose of assaulting and attacking
each other reciprocally;
3. That these several persons quarrelled and
assaulted one another in a confused and
tumultuous manner;
4. That someone was killed in the course of the
affray;
5. That it cannot be ascertained who actually
killed the deceased; and
6. That the person or persons who inflicted serious
physical injuries or who used violence can be
identified.
NOTES:
1.
TUMULTUOUS AFFRAY
a. Tumultuous (as used in Art. 153) means that
the disturbance is caused by at least four
persons who are armed or are provided with
means of violence
b. There must be no unity of purpose oand
intention among the persons who used
violence
2. PERSONS LIABLE:
a. Person or persons who inflicted serious
physical injuries
b. If it is not known who inflicted serious
physical injuries on the deceased, all
persons who used violence upon the
person of the victim
3. When there are 2 identified groups of men who
assaulted each other, there is no tumultuous
affray.
4. The person killed need not be a participant in
the affray.
5. Does not apply when the person who inflicted
the fatal wound is known; in that case, the crime
will be homicide under Art. 249.
INFLICTED
IN
ELEMENTS
1. That there is a tumultuous affray as referred to in the
preceding article;
2. That a participant or some participants thereof suffer
serious physical injuries or physical injuries of a less
serious nature only;
3. That the person responsible therefor cannot be
identified; and
4. That all those who appear to have used violence
upon the person of the offended party are known.
NOTES:
a.
b.
3.
a.
1.
2.
3.
3.
4.
5.
noticeable)
May be committed through imprudence
May be complexed with homicide and parricide
If theres no intent to cause abortion and theres no
violence committed, then theres no abortion of any
kind
ACTS PUNISHABLE
1. Killing ones adversary in a duel
2. Inflicting upon the adversary serious physical injuries
3. Making combat although no physical injuries have
been inflicted
PERSONS LIABLE
ACCOMPLICES seconds
NOTES:
Challengers, and
Instigators
There must be intention to have a formal duel (as
opposed to light threats under Art. 285, par. 2)
==================================
=========
Chapter 2: Physical Injuries
==================================
==============
CRIMES PUNISHABLE:
A. Mutilation
B. Serious physical injuries
C. Administering injurious substance or beverages
D. Less serious physical injuries
E. Slight physical injuries and maltreatment
ART. 262. MUTILATION
TWO (2) KINDS:
1. CASTRATION: Intentionally mutilating another by
depriving him, totally or partially, of some essential
organ for reproduction.
2. MAYHEM OR OTHER INTENTIONAL MUTILATION:
Intentionally making other mutilation, i.e. lopping,
clipping off any part of the body of the offended
party, other than the essential organ for
reproduction, to deprive him of that part of his body.
There must be intentional mutilation offender must
have the intent to deprive the offended party of a
part of his body
if theres no intention, then crime will be considered
as serious physical injuries
1.
2.
3.
PARAGRAPH 4
1. Any kind of labor is included
2. Hospitalization for more than 30 days may mean
either illness or incapacity for labor for more than 30
days
3. There must be evidence of the length of period of
illness or capacity when the category of the offense
of serious physical injuries
ELEMENTS:
1. That the offended party is incapacitated for labor or
needs medical attendance for 10 days or more (but
not more than 30 days); and
2. That the physical injuries must not be those
described in the preceding articles.
QUALIFIED LESS SERIOUS PHYSICAL INJURIES
1. Fine not not exceeding P5200, in addition to arresto
mayor, when
a. There is a manifest intent to insult or
offend the injured person, or
b. There
are
circumstances
adding
ignominy to the offense
(a) and (b) are considered as
i.
Ordinary aggravating circumstance in
serious physical injuries
ii. Slander by deed in slight physical
injuries
2. A higher penalty, when the victim is either
a. The offenders parents, ascendants,
guardians, curators or teachers
b. Persons of rank or persons in authority,
provided the crime is not direct assault
NOTES:
1. Medical attendance or incapacity for labor is required
when theres no incapcaity for labor or
medical attendance needed, it will be
considered only as slight physical injuries
i. if injuries were healed within 30 days
slight physical injuries
ii. if injuries were healed only after 30 days
serious phyisical injuries (as illness for
more than 30 days)
2. This article applies even if there was no incapacity
but the medical treatment was for more than 10 days
3. There must be proof as to the period of required
medical attendance
ART. 266. SLIGHT
MALTREATMENT
PHYSICAL
INJURIES
AND
NOTES:
1. Administering: introducing into the body
2. If there is intent to kill, it is frustrated murder the
injurious substance to be considered as poison
3. Knowledge applies to the injurious nature of the
substance or beverage
4. by taking advantage of his weakness of mind or
credulity may take place in the case of witchcraft,
magnetism and the like
NOTES:
1. PRESUMPTION
a. In the absence of proof as to the period
of the offended partys incapacity for
labor or of the required medical
attendance, the crime committed is
presumed as slight physical injuries
b. When there is no evidence to establish
the gravity or duration of actual injury
or to show the causal relationship to
death, the offense is slight physical
injuries
2.
SUPERVENING EVENT
a. When the charge
contained
in
the
h.
i.
B.
1.
2.
3.
30
31
ELEMENTS:
1. The offender is a man;
2. The offender had carnal knowledge of a
woman;
3. Such act is accomplished (any one of the
following):
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; or
d. when the offended party is under 12
years of age (statutory rape) or is
demented, even though none of the
circumstances mentioned above be present
PENALTIES IMPOSED31
reclusion perpetua
reclusion perpetua to death when:
a. victim became insane by reason or on the
occasion of rape; or
b. the rape is attempted and a homicide is
committed by reason or on the occasion
thereof.
Death when:
a. homicide is committed;
b. victim is under 18 years old and offender is:
i. parent,
ii. ascendant,
iii. step-parent,
iv. guardian,
v. relative by consanguinity or affinity
within the 3rd civil degree,
vi. common law spouse of victims
parent;
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;
People v. Manolong, 85 Phil. 829
j.
k.
RAPE
THROUGH
PARAGRAPH 2)
SEXUAL
ASSAULT
(UNDER
ELEMENTS:
1. the offender (man or woman) commits
an act of sexual assault
PENALTIES IMPOSED:
1.
2.
3.
4.
5.
6.
NOTES:
1. The 4 circumstances:
Using force or intimidation: the degree
sufficient to overcome resistance
i. According to People v. Las Pias, Jr.32,
the test is whether reasonable fear is
produced in the mind of the victim
ii. Verbal refusal alone wont do; there must
be a physical struggle thats manifest and
tenacious
iii. The force need not be irresistable; force or
violence necessary is relative, depending
32
CONSUMMATED
i. Penetration is necessary
ii. It is enough that the labia majora be
penetrated, even the slightest
consummated.34
7.
6.
7.
8.
sexual in na
ture, committed against a woman or her
child
Psychological violence: refers to acts or
omissions causing or likely to cause mental
or emotional suffering of the victim;
k.
d. Economic abuse" refers to
acts that make or attempt
to make a woman
financially dependent
PUNISHABLE ACTS (Sec. 5):
1.
Causing physical harm to the woman or her child;
2.
Threatening to cause the woman or her child
physical harm;
3.
Attempting to cause the woman or her child
physical harm;
4.
Placing the woman or her child in fear of imminent
physical harm;
5.
Attempting to compel or compelling the woman or
her child to engage in conduct which the woman or
her child has the right to desist from or desist
from conduct which the woman or her child has
the right to engage in, or attempting to restrict or
restricting the woman's or her child's freedom of
movement or conduct by force or threat of force,
physical or other harm or threat of physical or other
harm, or intimidation directed against the woman or
child. This shall include, but not limited to, the
following acts committed with the purpose or effect of
controlling or restricting the woman's or her child's
movement or conduct:
a. Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
b. Depriving or threatening to deprive the woman
9.
VENUE
A. General Rule: RTC designated as Family Court has
original and exclusive jurisdiction
B. In the absence of (A): RTC where any of the elements
is committed, at the option of complainant
PROTECTION ORDERS, DEFINED (Sec. 8)
Order issued under this act for the purpose of
preventing further acts of violence against a woman
or her child specified in Section 5 of this Act and
granting other necessary relief. The relief granted
under a protection order serves the purpose of
safeguarding the victim from further harm,
minimizing any disruption in the victim's daily life,
and facilitating the opportunity and ability of the
victim to independently regain control over her life.
The provisions of the protection order shall be
enforced by law enforcement agencies.
PROTECTION ORDERS ISSUED UNDER THIS
ACT
BARANGAY
TEMPORARY
PERMANENT
PROTECTION
PROTECTION
PROTECTION
ORDER
ORDER
ORDER
Issued by punong
barangay, after ex
parte
determination of
the basis of the
application, which
orders perpetrator
to desist from
committing acts
under Section 5
(1) and (2) of this
Act.
BPOs shall be
effective for 15
days.
Issued by the
court on the
date of filing
of the
application
after ex parte
determination
that such
order should
be issued.
Issued by the
court after notice
and hearing. The
court shall
schedule a
hearing on the
issuance of a PPO
prior to or on the
date of expiration
of the TPO.
TPOs shall be
effective for
30 days.
Shall be effective
until revoked by
a court.
(R.A. 9775)
ANTI CHILD PORNOGRAPHY ACT OF 2009
CHILD refers to
a.
a person below
eighteen (18) years of age or over, but is unable to
fully take care of himself/herself from abuse, neglect,
cruelty, exploitation or discrimination because of a
physical or mental disability or condition.
b.
a
person
regardless of age who is presented, depicted or
portrayed as a child as defined herein; and
c.
computergenerated, digitally or manually crafted images or
graphics of a person who is represented or who is
made to appear to be a child as defined herein.
CHILD PORNOGRAPHY refers to any public or private
representation, by whatever means, of a child engaged in
real or simulated explicit sexual activities or any
representation of the sexual parts of a child for primarily
sexual purposes.
CHILD PORNOGRAPHY MATERIALS refers to the means
and methods by which child pornography is carried out:
1.
As to form:
1. T
h
e
o
f
f
i
c
e
r
s
a
n
d
m
e
m
b
e
r
s
o
f
t
h
e
f
r
a
t
e
r
n
i
t
y
,
s
o
r
o
r
i
t
y
o
r
o
r
g
a
n
i
z
a
t
i
o
n
w
h
o
a
c
t
u
a
l
l
y
p
a
r
t
i
c
i
p
a
t
e
d
i
n
t
h
e
i
n
f
l
i
c
t
i
o
n
o
f
p
h
y
s
i
c
a
l
h
a
r
m
2. T
h
e
p
a
r
e
n
t
s
,
i
f
h
e
l
d
i
n
t
h
e
h
o
m
e
o
f
o
n
e
o
f
t
h
e
o
f
f
i
c
e
r
s
o
r
e
m
e
m
b
e
r
s
o
f
t
h
e
f
r
a
t
e
r
n
i
t
y
,
g
r
o
u
p
,
o
r
o
r
g
a
n
i
z
a
t
i
o
n
,
w
h
e
n
a
c
t
u
a
l
k
n
o
w
l
e
d
g
e
o
f
t
h
e
h
a
z
i
n
g
c
o
n
d
u
c
t
e
d
b
u
t
f
a
i
l
e
d
t
o
t
h
e
y
t
a
k
e
h
a
v
a
n
y
a
c
t
i
o
n
t
o
p
r
e
v
e
n
t
t
h
e
s
a
m
e
3. T
h
e
o
f
f
i
c
e
r
s
,
f
o
r
m
e
r
o
f
f
i
c
e
r
s
,
o
r
a
l
u
m
n
i
o
f
t
h
e
o
r
g
a
n
i
z
a
t
i
o
n
,
g
r
o
u
p
,
f
r
a
t
e
r
n
i
t
y
o
r
s
o
r
o
r
i
t
y
w
h
o
a
c
t
u
a
l
l
y
p
l
a
n
n
e
d
a
l
t
h
o
u
g
h
r
o
r
i
t
y
'
s
a
d
v
i
s
e
r
w
h
o
n
o
t
w
a
s
p
r
e
s
e
n
t
p
r
e
s
e
n
t
w
h
e
n
d
u
r
i
n
g
c
o
m
m
i
t
t
e
d
4. A
f
r
a
t
e
r
n
i
t
y
o
r
s
o
t
h
e
h
a
z
i
n
g
c
o
n
d
u
c
t
e
d
b
u
t
f
a
i
l
e
d
t
o
t
a
k
e
a
c
t
i
o
n
t
o
p
r
e
v
e
n
t
t
h
e
s
a
m
e
B. As accomplices
1. T
h
e
o
w
n
e
r
o
f
t
h
e
p
l
a
c
e
w
h
e
r
e
t
h
e
h
a
z
i
n
g
i
s
c
o
n
d
u
c
t
e
d
,
w
h
e
n
h
e
h
a
s
a
c
t
u
a
l
k
n
o
w
l
e
d
g
e
o
f
t
h
e
h
a
z
i
n
g
c
o
n
d
u
c
t
e
d
b
u
t
f
a
i
l
e
d
t
o
t
a
k
e
a
n
y
a
c
t
i
o
n
t
o
2.
p
r
e
v
e
n
t
S
c
h
o
o
l
a
u
t
h
o
r
i
t
i
e
s
w
h
o
c
o
n
s
e
n
t
t
o
t
h
e
h
a
z
i
n
g
o
r
w
h
o
h
a
v
e
a
c
t
u
a
l
k
n
o
w
l
e
d
g
e
,
b
u
t
f
a
i
l
e
d
t
o
t
a
k
e
a
n
y
a
c
t
i
o
n
t
o
p
r
e
v
e
n
t
t
h
e
s
a
m
e
PRIMA FACIE EVIDENCE OF PARTICIPATION AS
PRINCIPAL
The presence of any person during the hazing
unless he prevented the commission of the acts
punishable herein
The
above-mentioned
liabilities
shall
apply
to
the
trafficking; or
diversion programs:
Where the imposable penalty for the crime
committee is not more than six (6) years
imprisonment, or
In victimless crimes where the imposable
penalty is not more than six (6) years
imprisonment
But where the imposable penalty for the
crime committed exceeds six (6) years
imprisonment, diversion measures may be
resorted to only by the court
C. PROSECUTION
The prosecutor shall conduct a preliminary investigation in
the following instances:
a. when the child in conflict with the law
does not qualify for diversion;
b. when the child, his/her parents or
guardian does not agree to diversion as
specified in Sections 27 and 28;
c. when considering the assessment and
recommendation of the social worker,
the
prosecutor
determines
that
diversion is not appropriate for the child
in conflict with the law
Upon serving the subpoena and the affidavit of complaint,
the prosecutor shall notify the Public Attorney's Office
(PAO) of such service, as well as the personal information,
and place of detention of the child in conflict with the law.
Upon determination of probable cause by the prosecutor,
the information against the child shall be filed before the
Family Court within forty-five (45) days from the start of
the preliminary investigation.
D.
COURT PROCEEDINGS
commit an offense.
RESTORATIVE JUSTICE refers to a principle which
requires a process of resolving conflicts with the
maximum involvement of the victim, the offender and the
community.
YOUTH REHABILITATION CENTER refers to a 24-hour
residential care facility managed by the Department of
Social Welfare and Development (DSWD), LGUs, licensed
and/or accredited NGOs monitored by the DSWD, which
provides care, treatment and rehabilitation services for
children in conflict with the law. Rehabilitation services are
provided under the guidance of a trained staff where
residents are cared for under a structured therapeutic
environment with the end view of reintegrating them into
their families and communities as socially functioning
individuals. Physical mobility of residents of said centers
may be restricted pending court disposition of the charges
against them.
AGE AND DETERMINATION
AGE
< 15 years (less than or
equal to 15 years)
15 but 18 (more
than or equal to 15 but
less than or equal to 18
years)
Minor delinquent
18 but 70 (more
than or equal to 18 but
less than or equal to 70
years)
70 (more than or
equal to 70 years)
necessarily consecutive.
It shall be the duty of the teacher in charge to
report to the parents the absences of the child
the moment these exceed five schooldays.
8. Improperly exploits the child by using him,
directly or indirectly, such as for purposes of
begging and other acts which are inimical to his
interest and welfare.
9. Inflicts cruel and unusual punishment upon the
child or deliberately subjects him to indignation
and
other
excessive
chastisement
that
embarrass or humiliate him.
10. Causes or encourages the child to lead an
immoral or dissolute life.
11. Permits the child to possess, handle or carry a
deadly weapon, regardless of its ownership.
12. Allows or requires the child to drive without a
license or with a license which the parent knows
to have been illegally procured. If the motor
vehicle driven by the child belongs to the parent,
it shall be presumed that he permitted or ordered
the child to drive.
7.
CRIMINAL
RESPONSIBILITY
Absolute
irresponsibility,
exempting circumstance
Conditional responsibility
a. Without discernment
not
criminally
liable;
subject
to
an
intervention program
b. With
discernment
criminally liable
Sentence is suspended
Full responsibility
Mitigated
responsibility,
no
imposition of death penalty,
execution of death sentence may
be suspended and commuted
P.D 603
Child and Youth Welfare Code
PUNISHABLE ACTS
Criminal liability shall attach to any parent who:
1. Conceals or abandons the child with intent to
make such child lose his civil status.
2. Abandons the child under such circumstances as
to deprive him of the love, care and protection he
needs.
3. Sells or abandons the child to another person for
valuable consideration.
4. Neglects the child by not giving him the
education which the family's station in life and
financial conditions permit.
5. Fails or refuses, without justifiable grounds, to
enroll the child as required by Article 72.
6. Causes, abates, or permits the truancy of the
child from the school where he is enrolled.
"Truancy" as here used means absence without
cause for more than twenty schooldays, not
==================================
=====
9. Crimes Against Personal liberty and Security
==================================
=====
TOPICS UNDER THE SYLLABUS:
Chapter 1: Crimes against Liberty
Sec. 1 - Illegal detention
Sec. 2 - Kidnapping of minors
Chapter 2: Crimes against Security
Sec. 1 - Abandonment of helpless persons
and exploitation of minors
Sec. 2 - Trespass to dwelling
Sec. 3 - Threats and Coercion
Chapter 3: Discovery and Revelation of Secrets
R.A. 9372
R.A. 4200
R.A. 9208
==================================
==============
Chapter 1: Crimes against Liberty
==================================
==============
SECTION 1. - ILLEGAL DETENTION
ARTICLE 267. KIDNAPPING AND SERIOUS ILLEGAL
DETENTION
ELEMENTS:
Committed by a private
individual who unlawfully
kidnaps, detains or
otherwise deprives a
person of liberty.
Crime is against personal
liberty and security
ARBITRARY
DETENTION
Committed by a public
officer or employee who
has duty under law to
detain a person who
detains a person without
legal ground
Crime against the
fundamental law of the
State
ELEMENTS:
1. That the offender arrests or detains another
person;
2. That the purpose of the offender is to deliver him
to the proper authorities; and
3. That the arrest or detention is not authorized by
law or there is no reasonable ground therefor.
NOTE:
NOTE:
DELAY IN THE
DELIVERY OF
DETAINED PERSONS
TO THE PROPER
JUDICIAL AUTHORITIES
(ART 125)
the detention is for some
legal ground
ARBITRARY
DETENTION
the detention is for some
legal ground
UNLAWFUL ARREST
ELEMENTS:
SLAVERY providing
whatsoever37
KIDNAPPING AND
SERIOUS ILLEGAL
DETENTION (ART. 267)
Offender is not entrusted
with the custody of the
victim
services
w/o
remuneration
EXPLOITATION OF
UNDER COMPUSION IN
PAYMENT OF DEBT
(Art. 274)
Does not distinguish
whether the victim is a
minor or not
Debtor is compelled to
work for offender
Limited to household and
farm work.
Victim is a minor
Minor is compelled to
render services for debt of
parent/guardian
Service not limited to
household and farm work
==================================
==============
Chapter 2: Crimes against security
==================================
==============
SECTION 1. ABANDONMENT OF HELPLESS
PERSONS AND EXPLOITATION OF MINORS
ART. 275. ABANDONMENT OF PERSON IN DANGER
AND ABANDONMENT OF ONES OWN VICTIM
ACTS PUNISHABLE:
1. By failing to render assistance to any person whom
the offender finds in an uninhabited place wounded
or in danger of dying, when he can render such
assistance without detriment to himself, unless such
omission shall constitute a more serious offense;
ELEMENTS:
a. That place is not inhabited.
b. The accused found there a person wounded or in
danger of dying.
c. The accused can render assistance without
detriment to himself.
d. The accused fails to render assistance.
a.
b.
CHILD LABOR
(Art. 273)
Qualifying circumstances:
death of the minor; or
life was in danger because of the abandonment.
ABANDONMENT OF
MINOR BY PERSON
ENTRUSTED WITH HIS
CUSTODY;
INDIFFERENCE OF
PARENTS
(ART. 277)
Custody of offender is
specific for rearing or
education of minor
Minor under 18 years of
age
Minor is delivered to a
public institution or other
person
ABANDONMENT OF
MINOR (ART. 276)
3.
4.
5.
EXPLOITATION OF
MINORS
(ART. 278, PAR 5)
Purpose of inducing a
minor to abandon his
home is to follow any
person engaged in the
callings mentioned
Victim is under 16 years
of age
INDUCING A MINOR TO
ABANDON HIS HOME
(ART. 271)
No such purpose
Victim is under 18
is
circumstances
Implied prohibition is present considering the
following situation. Ex. Felony was committed
late at night and everyones asleep or entrance
was made through the window.
Prohibition must exist prior to or at the time of
entrance
Prohibition is not necessary when violence or
intimidation is employed by the offender.
Violence or intimidation may take place
immediately after the entrance
Prohibition is not necessary when violence or
intimidation is employed by the offender.
When there is no overt act of the crime intended
to be committed (Ex. theft), the crime is trespass
to dwelling.
Trespass may be committed even by the owner
of the dwelling against the actual occupant
thereof.
If the offender is a public officer, the crime
committed is violation of domicile under Art. 128
OTHER FORMS OF
TRESPASS (ART. 281)
Offender is any form of
person
Offender enters closed
premises or fenced estate
Uninhabited
Entering
of
closed
premises
without
permission
Prohibition
must
be
manifest
ACTS PUNISHABLE:
By threatening another with the infliction upon his
person, honor or property or that of his family of any
wrong amounting to a crime and demanding money
or imposing any other condition, even though not
unlawful and the offender attained his purpose.
By making such threat without the offender
attaining his purpose.
By threatening another with the infliction upon his
person, honor or property or that of his family of any
wrong amounting to a crime, the threat not being
subject to a condition.
ELEMENTS OF ACT NO. 1:
4. That the offender threatens another person with the
infliction upon the latters person, honor or property,
or upon the latters family, of any wrong
5. The wrong amounts to a crime
6. There is demand for money of that any other
condition is imposed even if not unlawful
7. That the offender attains his purpose
ELEMENTS OF ACT NO. 3:
11 That the offender threatens another person with the
infliction upon the latters person, honor or property,
or upon the latters family, of any wrong
11 The wrong amounts to a crime
11 The threat is not subject to a condition
NOTE:
amount to a crime.
Requires that there be a demand of money or that
other condition be imposed
Blackmailing may be punished under this provision.
ART. 284
Bond for good behavior
Only for grave threats and
light threats
It is an additional penalty
If he shall faill to give bail,
he shall be sentenced to
destierro
ART. 35
Bond to keep the peace
Application
not
to
particular cases onlt
Distinct penalty
If he failes to give the
bond, he shall be detained
for a period not exceeding
6 months if prosecuted for
grave or less grave felony
or 30 days if prosecuted
for light felony
3.
4.
ART.
288.
OTHER
SIMILAR
COERCIONS
AGGRAVATING CIRCUMSTANCES:
ACTS PUNISHABLE:
1. By forcing or compelling, directly or indirectly, or
knowingly permitting the forcing or compelling of the
laborer or employee of the offender to
purchase merchandise or commodities of any
kind from him.
2. By paying the wages due his laborer or
employee by means of tokens or objects other than
the legal tender currency of the Philippines, unless
expressly requested by such laborer or employee.
ELEMENTS OF NO. 1:
1. That the offender is any person, agent or officer of
any association or corporation.
2. That he or such firm or corporation has employed
laborers or employees
3. That he forces or compels, directly or indirectly, or
knowingly permits to be forced or compelled, any of
his or its laborers or employees to purchase
merchandise or commodities of any kind from him or
from said firm or corporation.
GRAVE COERCION
If the offended party is
NOT a prisoner,
extracting information,
using force or
intimidation is coercion
GRAVE COERCION
Act of preventing by
force was made at the
time the offended party
was doing or about to do
the act prevented
MALTREATMENT OF
PRISONERS
If the offended party is a
prisoner, extracting
information, using force or
intimidation is
maltreatment
UNJUST VEXATION
Act of preventing by force
was already done when
the violence was exerted
ELEMENTS OF NO. 2:
1. That the offender pays the wages due a laborer or
employee employed by him by means of tokens or
objects
2. That those tokens or objects are other than the legal
tender currency of the Philippines.
3. That such employee or laborer does not expressly
request that he be paid by means of tokens or
objects.
ART.
289.
FORMATION,
MAINTENANCE,
AND
PROHIBITION OF COMBINATION OF CAPITAL OR
LABOR THROUGH VIOLENCE OR THREATS
ELEMENTS:
1. That the offender employs violence or threats, in
such a degree as to compel or force the laborers or
employers in the free and legal exercise of their
industry or work; and
2. That the purpose is to organize, maintain or prevent
coalitions of capital or labor, strike of laborers or
lockout of employees.
3. The act shall not constitute a more serious offense.
NOTE: peaceful picketing is not prohibited; must be
confined strictly and in good faith to gaining
THROUGH
ELEMENTS:
1. That the offender is a private individual or even a
public officer not in the exercise of his official
function;
2. That he seizes the papers or letters of another;
3. That the purpose is to discover the secrets of
such another person; and
4. That offender is informed of the contents or the
papers or letters seized.
NOTE:
SEIZE - to place in the control of someone a thing or to
give him the possession thereof and it is NOT necessary
that in the act, there be force or violence.
PUBLIC OFFICER
REVEALING SECRETS
OF PRIVATE
INDIVIDUAL
(ART. 230)
Public officer comes to
know of secret of any
private individual by
reason of his office.
Public officer comes to
know of secret of any
private individual by
reason of his office.
Reveals secret without
justifiable means
PERSONS LIABLE:
1.
a.
b.
2.
a.
b.
c.
d.
R.A. 9372
HUMAN SECURITY ACT 2007
SURVEILLANCE OF SUSPECTS (Sec. 7)
either
AND
APPLICATION (SEC.
28)
The written order of the Court of Appeals authorizing
the examination of bank deposits, placements, trust
accounts, assets, and records:
(1) of a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism,
(2) of any judicially declared and outlawed terrorist
organization, association, or group of persons, or
(3) of any member of such organization, association, or
group of persons in a bank or financial institution, and the
gathering of any relevant information about the same
from said bank or financial institution,
shall only be granted by the authorizing division of the
Court of Appeals upon an ex parte application to that
effect of a police or of a law enforcement official who
has been duly authorized in writing to file such ex
parte application by the Anti-Terrorism Council created
in Section 53 of this Act to file such ex parte
application, and upon examination under oath or
affirmation of the applicant and the witnesses he may
produce to establish the facts that will justify the need
and urgency of examining and freezing the bank
deposits, placements, trust accounts, assets, and
records:
(1) of the person charged with or suspected of the crime
of terrorism or conspiracy to commit terrorism,
(2) of a judicially declared and outlawed terrorist
organization, association or group of persons, or
(3) of any member of such organization, association, or
group of persons.
UNAUTHORIZED
REVELATION
OF
CLASSIFIED
MATERIALS (Sec. 46)
Any person, police or law enforcement agent, judicial
officer or civil servant who, not being authorized by
the Court of Appeals to do so, reveals in any manner
or form any classified information under this Act.
R.A. 9208
ANTI-TRAFFICKING IN PERSONS ACT OF 2003
Section 4. Acts of Trafficking in Persons. - It shall be
unlawful for any person, natural or juridical, to commit
any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or
receive a person by any means, including those done
under the pretext of domestic or overseas employment or
training or apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material,
economic or other consideration, any person or, as
persons;
(f) To confiscate, conceal, or destroy the passport, travel
documents, or personal documents or belongings of
trafficked persons in furtherance of trafficking or to
prevent them from leaving the country or seeking redress
from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or
make use of, the labor or services of a person held to a
condition of involuntary servitude, forced labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The
following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act
No. 8043, otherwise known as the "Inter-Country Adoption
Act of 1995" and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in
large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is
deemed committed in large scale if committed against
three (3) or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling,
guardian or a person who exercises authority over the
trafficked person or when the offense is committed by a
public officer or employee;
(e) When the trafficked person is recruited to engage in
prostitution with any member of the military or law
enforcement agencies;
(f) When the offender is a member of the military or law
enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking
in persons, the offended party dies, becomes insane,
suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS).
END OF DISCUSSION ON TOPIC
9. CRIMES AGAINST PERSONAL LIBERTY AND
SECURITY
==================================
===
10. Crimes Against Property
==================================
===
TOPICS UNDER THE SYLLABUS:
Chapter 1: Robbery in General
Sec. 1 - Robbery with violence or
intitmidation of persons
Sec. 2 - Robbery by the use of force upon
things
Chapter 2: Brigandage
Chapter 3: Theft
PD 1612
Chapter 4: Usurpation
NOTES:
1. Unlawful taking is complete when
a. With violence/intimidation: property must at
least be in the possession of the offender
b. With force: property must be taken out of
the building
2. Intent to gain is presumed from unlawful taking and
must concur with personal property belonging to
another
3. When violence/intimidation must take place
a. General Rule: before taking is complete
b. Exception: when violence results in
homicide, rape, intentional mutilation, or
any of the serious physical injuries under
Art. 263, par. 1 and 2 robbery will be
complexed with any of those crimes, even if
the taking was already complete when the
violence was used by the offender
4. Entrance as an element
1. General rule: necessary
2. Exception:
A. when the robbery is committed by breaking
wardrobes, chests, or any other kind of
locked or sealed furniture or receptacle
inside an inhabited house, a public building
or an edifice devoted to religious worship, or
by taking such furniture or objects away to
be broken or forced open outside [Art. 299,
subdivision (b)]; and
B. when the robbery in an uninhabited
building, other than a public building or
edifice devoted to religious worship, is
committed by breaking any wardrobe,
chest, or any sealed or closed furniture or
receptacle, or by removing a closed or
sealed receptacle even if the same be
broken open elsewhere [Art. 302, par. 4 and
5]
5. Prohibitive articles may be the subject matter of
robbery
6. Taking need not be immediately after the
intimidation
SECTION 1 ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
ART 294. ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
ACTS PUNISHABLE
1. By reason or on occasion of the robbery, homicide is
committed;
2. Accompanied w/ rape or intentional mutilation or
arson;
3. By reason or on occasion of robbery, any of the
physical injuries resulting in insanity, imbecility,
impotency, or blindness is inflicted (Art. 263, par. 1);
or serious physical injuries resulting in the loss of the
use of speech, or the power to hear or to smell, or
the loss of an eye, hand, foot, arm, leg, or the loss of
the use of any such member or incapacity for work in
w/c victim is habitually engaged is inflicted (Art. 263,
par. 2);
4. Carried to a degree clearly unnecessary for the
crime;
5. In the course of its execution, inflicts upon any
person not responsible for the commission of robbery
6.
NOTES:
1. The crime defined in this article is a special complex
crime
2. On the occasion and by reason of the robbery
means in the course or because of robbery
PARAGRAPH 1: ROBBERY WITH HOMICIDE
a. Homicide is understood in its generic sense (i.e.,
including parricide and murder)
b. Homicide may precede or may occur after robbery;
and need not be committed in the place of robbery
c. HOWEVER, intent to take personal property
belonging to another with intent to gain must
precede the killing
d. Any person may be killed; the killing of a co-robber
is still covered
e. Participation and liability
i. Principals
All who participated as principals in the
robbery are principals in robbery with
homicide although they did not actually
take part in the killing, unless it clearly
appears they endeavored to prevent the
same38
ii. Accessory: Necessity of knowledge
There is an issue regarding the penalty
imposable against an accessory. Without
knowledge of the killing committed during
robbery. Jurisprudence39 provides that
such an accessory could not have
prevented the same, hence, should be an
accessory only to the crime of simple
robbery; Art. 53 of the RPC provides that
the penalty for an accessory is the
penalty lower by two degrees than that
prescribed by law for the consummated
felony. Since robbery cannot be
disintegrated from the special complex
crime of robbery with homicide, there is
an issue on the basis of such an
accessorys penalty
f. Distinguished from Highway Robbery
Conviction for highway robbery requires proof
that several accused were organized for the
purpose of committing it indiscriminately
PARAGRAPH 2: ROBBERY WITH RAPE
a. It is important to determine the primary objective or
intent of accused
b. Intent to gain from personal property of another must
precede the rape
c. Rape is committed on the occasion of robbery, even
if committed in another place within the house
d. When rape and homicide co-exist in the commission
of robbery, rape is considered as an aggravating
38
ELEMENTS:
That the offender has intent to defraud another;
DOCUMENT
Any written statement by
which a right is established
or
an
obligation
extinguished; a writing or
instrument by which a fact
may be proven and affirmed
3.
B.
C.
D.
E.
F.
G.
H.
I.
J.
SUBDIVISION (B)
A. ELEMENTS
2.
1.
2.
3.
4.
5.
dwelling
taking of mail matter or large cattle in any kind of
robbery makes the penalty higher by one degree
penalty is based on value of property taken
Agreement to commit
robbery not limited to one
occasion
Agreement is to commit
only a particular robbery
It is necessary to prove
actual commission of
robbery
THINGS TO PROVE:
1. that there is an organization of more than 3 armed
persons forming a band of robbers
2. that the purpose of the band is any of those
enumerated
3. that they went upon the highway or roamed upon the
country for that purpose
4. that the accused is a member of the band
ART. 307. AIDING AND ABETTING A BAND OF
BRIGANDS
ELEMENTS:
1. That there is a band of brigands;
2. That the offender knows the band to be of
brigands; and
3. That the offender does any of the following acts:
a. he in any manner aids, abets or protects such
band of brigands, or
b. he gives them information of the movements of
the police or other peace officers of the
Government, or
c. he acquires or receives the property taken by
such brigands.
PRESUMPTION OF LAW AS TO KNOWLEDGE
Any person performing any of the acts provided in this
article has performed them knowingly, unless the
contrary is proven
==================================
==============
Chapter 3: Theft
==================================
==============
ART. 308. WHO ARE LIABLE FOR THEFT
ELEMENTS:
PERSONS LIABLE
1. Those who:
a.
b.
c.
d.
2.
a.
Those who:
a.
4.
Those who:
3.
property taken.
The presumed inability of the
offenders to freely dispose of the stolen property
does not negate the fact that the owners have
already been deprived of their right to possession
upon the completion of the taking. People v.
Villanueva, [G.R. No. 160188, June 21, 2007],
overturning the ruling in People v. Dio, 45 O.G.
3446, 18 February 1948, and People v. Flores, C.A 62
O.G. 2644, 1964 holding that the determinative fact
of consummation of theft is the ability of the offender
to dispose freely of the articles stolen)
Those who
a.
enter
an
enclosed
estate or a
field where
b. trespass
is
forbidden or
which
belongs
to
another and,
c. without the
consent of its
owner, hunt,
fish or gather
fruits,
cereals
or
other
farm
products
Fishing should not be in the fishpond or
fishery within the field or estate; otherwise,
it is qualified theft under Art. 310.
NOTES:
a.
b.
a.
OTHER CIRCUMSTANCES
1. Theft of motor vehicle
THE
FENCING
1. FENCING An act, with intent to gain, of buying,
selling, receiving, possessing, keeping, or in any other
manner dealing in anything of value which a person
knows or should have known to be derived from the
proceeds of the crime of robbery or theft.
2. FENCE A person who commits the act of fencing.
A fence who receives stolen property as aboveprovided is not an accessory but a principal in the
crime defined in and punished by the Anti-Fencing
Law.
PRESUMPTION OF FENCING
Mere possession of any good, article, item,
object, or anything of value which has been the
subject of robbery or thievery shall be prima facie
evidence of fencing.
==================================
==============
Chapter 5: Culpable Insolvency
==================================
==============
ART. 314. FRAUDULENT INSOLVENCY
ELEMENTS:
1. Offender is a debtor; that is, he has obligations due
and payable;
2. Offender absconds with his property; and
3. That there be prejudice to his creditors.
Actual
prejudice
is
required;
mere
intention to prejudice is not sufficient
o
may involve real property
INSOLVENCY LAW
FRAUDULENT
INSOLVENCY
No requirement; not
necessary that defendant
should have been adjudged
bankrupt or insolvent
==================================
==============
Chapter 6: Swindling and Other Deceits
==================================
==============
ART. 315. SWINDLING (ESTAFA)
ELEMENTS, IN GENERAL
Accused defrauded another
by abuse of confidence, or
Temporary prejudice
WAYS OF COMMITTING ESTAFA
A. Estafa With unfaithfulness or abuse of
confidence
1. Altering the substance
Elements:
a. Offender has an onerous obligation to
deliver something of value;
b. That he alters its substance, quantity,
or quality; and
c. That damage or prejudice is caused to
another.
when theres no agreement as to the
quality of the thing to be delivered, the
delivery of the thing not acceptable to
the complainant is not estafa
crime may arise even though the
obligation is based on an immoral or
illegal consideration
2.
By misappropriation or
conversion
2.1.Elements
a. That money, goods, or other personal
property be received by the offender in
trust, or on
commission, or for
administration, or under any other
obligation involving the duty to make
delivery of, or to return, the same;
b. That there be misappropriation or
conversion of such money or property by
the offender, or denial on his part of such
receipt;
c. That such misappropriation or conversion or
denial is to the prejudice of another; and
d. That there is a demand made by the
offended party to the offender.
2.2.NOTES:
a. Juridical possession (right of possession
which may be set up against its owner)
is transferred
i. As opposed to (a) transfer of
material possession which results
in theft, or (b) transfer of
ownership which results in civil
liability only
ii. It is presumed that the
possession of, and title to, the
iii.
iv.
b.
c.
d.
e.
THEFT
Offender takes the thing
If in receiving the thing, the
offender acquired only
material or transitory
possession, while the
juridical possession remains
with the offended party
B.
By means of deceit
a.
b.
c.
d.
Ele
me
nts
That there must be a false pretense,
fraudulent act or fraudulent means
That such false pretense, fraudulent act or
fraudulent means must be made or
executed prior to or simultaneously
with the commission of the fraud;
That the offended party must have
relied on the false pretense, fraudulent act,
or fraudulent means, that is, he was
induced to part with his money or
property because of the false pretense,
fraudulent act, or fraudulent means; and
That as a result thereof, the offended
party suffered damage.
ESTAFA BY MEANS OF
DECEIT
Involves both material or
physical possession and
juridical possession
Always involves deceit
1.
c.
d.
e.
THEFT
Involves only material or
physical possession
May or may not involve
deceit
B.
1.
2.
a.
No deceit employed;
malum prohibitum
No damage necessary
B.1.
Through fraudulent
means
By inducing another to sign any document
ELEMENTS:
a. That the offender induced the
offended party to sign a document
b. That deceit be employed to make him
sign the document
c. That the offended party personally
signed the document
d. That prejudice be caused
DOCUMENTS
ESTAFA BY REMOVING,
CONCEALING, OR
DESTROYING
DOCUMENTS [ART.
315, PAR. 3(C)]
Similar in the manner of
Offender
is
a
private
individual or even a public
officer who is not officially
entrusted
with
the
documents
Intent to defraud
INFIDELITY IN CUSTODY
(ART. 226)
TO BE OWNER
(ART. 316, PAR.1)
Involves only real property
The offender exercises or
executes, as part of the
false representation, some
act
of
dominion
or
ownership
over
the
property
NOTE:
1.
2.
3.
ELEMENTS:
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.
NOTE:
a.
b.
ESTAFA BY FALSELY
PRETENDING TO
POSSESS PROPERTY
[ART. 315, PAR. 2(A)]
The
encumbrance
must
be
legally
constituted, notwithstanding the provision
although such encumbrance be not
recorded
The offended arty must have been
deceived, i.e., he would not have granted
the loan had he known that the property
was already encumbered
If personal property is involved, apply Art.
319
ESTAFA BY SELLING,
ENCUMBERING, OR
MORTGAGING ANY REAL
PROPERTY, PRETENDING
SUCH
ELEMENTS:
1. That the thing disposed of be real
property;
2. That the offender knew that the real
property was encumbered, whether the
encumbrance is recorded or not.
3. That
there
must
be
express
representation by the offender that the
real
property
is
free
from
encumbrance; and
4. That the act of disposing of the real property
be made to the damage of another.
MORTGAGING
ANY
REAL
PROPERTY,
PRETENDING TO BE THE OWNER OF THE SAME.
PUNISHABLE ACTS
1. By defrauding or damaging another by any other
deceit not mentioned in preceding articles; and
2. By interpretating dreams, making forecasts, fortunetelling, or by taking advantage of the credulity of the
public in any other similar manner for profit or gain.
NOTE: Damage to the offended party is required
SCOPE any other kind of conceivable deceit may fall
under this article
==================================
==============
Chapter 7: Chattel Mortgage
==================================
==============
ART. 319. REMOVAL, SALE
MORTGAGED PROPERTY
NOTES:
1. It is sufficient that the offender takes
advantage of the inexperience or emotions of
the minor
2. Actual proof of deceit or misrepresentation is not
necessary
3. Real property is not included
PLEDGE
OF
ACTS PUNISHABLE
1. KNOWINGLY REMOVING MORTGAGED
PERSONAL PROPERTY
1.1.ELEMENTS:
a. That personal property is mortgaged
under the Chattel Mortage Law;
b. That the offender knows that such
property is so mortgaged;
c. That he removes such mortgaged personal
to any province or city other than the one in
which it was located at the time of the
execution of the mortgage;
d. That the removal is permanent; and
e. That there is no written consent of the
mortgagee or his executors, administrator
or assignees to such removal.
NOTE:
a. The offender need not be the mortgagor; it
may be any person
b. Purpose is to protect mortgagee who should
be able to have a ready access to, and easy
reach of the property subject of mortgage
c. Chattel mortgage must be registered
d. Removal must be coupled with intent to
defraud
e. Filing a civil action for collection instead for
foreclosure of chattel mortgage relieves the
accused of criminal responsibility
OR
2.
NOTE:
a. Damage to mortgagee is not essential
i. If damage accrues, it may give rise to
estafa by means of deceit
DISTINGUISHED FROM ESTAFA BY DISPOSING OF
ENCUMBERED PROPERTY (ART. 316)
SELLING OR PLEDGING
ESTAFA BY DISPOSING OF
PERSONAL PROPERTY
ENCUMBERED PROPERTY
ALREADY PLEDGED
(ART. 316, PAR. 2)
(ART. 319, PAR.2)
Both involve the selling of mortgaged property
Personal property is
Real property is involved
involved (except if house is
subject to chattel
mortgage)
Committed by the mere
It is sufficient that the real
failure to obtain the
property mortgaged be sold
consent of the mortgagee
as free, even though the
in writing, even if the
vendor may have obtained
offender should inform the
the consent of the
purchaser that the thing
mortgagee in writing
sold is mortgaged
Consent of mortgagee is
Consent of mortgagee is
material; knowledge as to
immaterial
encumbrance is no
Purpose is to protect the
Purpose is to protect the
mortgagee
purchaser
==================================
========
Chapter 8: Arson and Other Crimes Involving
Destruction
==================================
========
ARSON is the malicious destruction of property by fire
THREE (3) CATEGORIES OF THE CRIME OF ARSON
A. Destructive Arson (Art. 320, as amended by R.A.
7659)
B. Simple Arson (Sec. 1, P.D. 1613)
C. Other cases of arson (Sec. 3, P.D. 1613)
ART. 320. DESTRUCTIVE ARSON (AS AMENDED BY
R.A 7659)
The penalty of reclusion perpetua to death shall be
imposed upon:
1.
Any person who shall burn
a. One or more buildings or edifices, consequent to
one single act or simultaneous acts of burning
b. Building of public or private ownership generally
open to public or where people usually gather or
congregate for a purpose, regardless of whether
the offender had knowledge that there are
persons present or whether building is inhabited
or not
c. Train or locomotive, ship or vessel, airship or
airplane, for transportation or conveyance,
public use, leisure or entertainment
d. Building,
factory,
warehouse
and
any
appurtenance thereto for service of public
utilities
e. Any building to conceal/destroy incriminatory
evidence, conceal bankruptcy, defraud creditors,
or collect from insurance
f.
g.
2.
a.
b.
1.
2.
3.
4.
5.
6.
ARE
LIABLE
FOR
MALICIOUS
1.
2.
3.
4.
5.
There is no
malicious mischief through negligence because
under the first element, the offender should act
under the impulse of specific desire to inflict injury to
another
Presupposes
hate, revenge, or other evil motive of the offender or
the mere pleasure of destroying
Damage
includes not only loss but also diminution (e.g.
defacing anothers house)
If theres no
malice, as when damage resulted from a crime or
only incidental to the commission of another crime,
theres only civil liability
Intent to gain
by removing or making use of the fruits or objects
after damaging the property makes it theft
2.
3.
4.
PERSONS EXEMPTED
1. Spouses, ascendants and descendants, or
relatives by affinity in the same line.
2. The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same passed into the
possession of another.
3. Brothers and sisters and brothers-in-law and
sisters-in-law, if living together at the time
of the commission of the crime
to
robbery
or
estafa
through
R.A. 6539
ANTI-CARNAPPING ACT OF 1972
CARNAPPING is the taking, with intent to gain, of a
motor vehicle belonging to another without the latter's
consent, or by means of violence against or intimidation
4.
PERMANENT REGISTRY
The LTO shall keep a permanent registry of motor vehicle
engines, engine blocks and chassis of all motor vehicles
with particulars.
Copies of the registry and of all entries made thereon shall
be furnished the PNP and all LTO regional, provincial and
city branch offices
DUTY OF COLLECTOR OF CUSTOMS
Within seven days after the arrival of the imported motor
vehicle or any of its parts enumerated, the Collector shall:
a. make a report of the shipment to the Land
Transportation Commission, specifying the make, type
and serial numbers, if any, of the motor vehicle
engine, engine block and chassis or body
b. stating the names and addresses of the owner or
consignee thereof.
b.
c.
==================================
=====
11. Crimes Against Chastity
==================================
=====
TOPICS UNDER THE SYLLABUS:
Chapter 1: Adultery and Concubinage
Chapter 2: Rape and Acts of Lasciviousness
Chapter 3: Seduction, Corruption of Minors and
White Slave Trade
Chapter 4: Abduction
Chapter 5: Provisions Relative to the Preceding
Chapters of Title 11
R.A. 9995
R.A. 7610, AS AMENDED
R.A. 9262
R.A. 7877
==================================
===============
Chapter 1: Adultery and Concubinage
==================================
===============
ART. 333. WHO ARE GUILTY OF ADULTERY
ELEMENTS:
1. That the woman is married (even if marriage is
subsequently declared void);
2. That she has sexual intercourse with a man not
her husband; and
3. That as regards the man with whom she has sexual
intercourse, he must know her to be married.
NOTE:
Carnal knowledge may be proved by circumstantial
evidence.
Each sexual intercourse constitutes a crime of
adultery.
It is not a continuing offense. Any act of infidelity
subsequent to condonation constitutes a new offense
that is subject to criminal prosecution.
The offended party must be legally married to the
offender at the time of filing the complaint.
But even if subsequently declared void,
theres
still
adultery
when
the
adulterous act is committed before the
marriage is judicially declared null and
void in a final judgment.
Acquittal of one defendant does not operate as
42
43
ACTS OF
LASCIVIOUSNESS
There is lewd design which
may be inferred from the
circumstances surrounding
the commission of the
crime such as the place,
time, other peoples
presence and the acts
complained of.
ACTS
OF
LASCIVIOUSNES
S
Offenders lascivious acts
do not indicate intent to
have sexual intercourse.
UNJUST VEXATION
The element of lewd design
is not present.
e.g. the alleged lascivious
act was a mere incident of
the embrace or the act was
just committed merely to
satisfy a silly whim.
ATTEMPTED RAPE
OF
LASCIVIOUSNES
S
The compulsion is included
in the constructive element
of force.
ACTS OF
LASCIVIOUSNES
S
The offender is, in a
majority of cases, a private
individual.
It is necessary that some
actual act of lasciviousness
should have been
executed.
GRAVE COERCION
The compulsion is the very
act constituting the offense
of grave coercion.
ABUSES AGAINST
CHASTITY
(ART. 246)
The offender is a public
officer
A mere immoral or indecent
proposal made earnestly &
persistently is sufficient.
45
NOTES:
Virginity of the victim is not required.
PERSONS LIABLE:
ABUSED
AUTHORITY
1. Public
authority
2. Guardian
3. Teacher
4. Person who in
any capacity is
entrusted with
the education
or custody of
the woman
seduced.
ABUSED
CONFIDENCE
1. Priest
2. House
servant
3. Domestic
(Person living
in the same
roof, may be
temporary or
permanent,
as long as in
the same
house.)
ABUSED
RELATIONSHIP
Brother who
seduced his
sister.
Ascendant who
seduced his
descendant.
Their relationship
must be by
consanguinity but
need not be
legitimate.
NOTE:
Penalty for qualified seduction of a sister or
descendant is higher than qualified seduction of a
virgin.
Deceit is not an element of qualified seduction but it
is an element of simple seduction.
In Abuse of Confidence, acts are punished because of
the character of the person committing the same,
and excess of power or abuse of confidence.
A virgin is a virtuous woman of good reputation.
The offended party need not be virgin in
the case of incestuous seduction.
Accused charged with rape cannot be convicted of
qualified seduction under the same information.
If any of the circumstances in the crime
of rape is present, then crime is not to
be punished under this article.
If no sexual intercourse, the crime would only be acts
of lasciviousness.
ACTS OF LASCIVIOUSNESS
WITH CONSENT OF
OFFENDED PARTY
(ART. 339)
Acts are committed under
circumstances
which,
had
there been carnal knowledge,
would
amount
to
either
qualified or simple seduction.
*There may be consent, but
there is abuse of authority,
relationship, confidence, or
deceit.
ACTS OF
LASCIVIOUSNESS
(ART. 336)
Acts
are
committed
under
circumstances
which, had there been
carnal knowledge, would
amount to rape.
==================================
========
Chapter 4: Abduction
==================================
==============
R.A.
7610
PUNISHES
CHILD
PROSTITUTION
COMMITTED BY:
1. Those who engage in or promote, facilitate or induce
child prostitution which include the following:
Acting as a procurer of a child prostitute;
2.
3.
4.
5.
ELEMENTS:
1. That the person abducted is any woman, regardless
of her age, civil status, or reputation;
2. That the abduction is against her will; and
3. That the abduction is with lewd designs.
NOTES:
If child is under 12 years, the crime is forcible
abduction even if she voluntarily goes with her
abductor.
Taking away must be against the will of the woman.
This may be accomplished by means of deceit first
and then by means of violence and intimidation.
Actual intercourse is not necessary. Lewd designs
may be shown by conduct of the accused. Intent to
seduce the girl is sufficient. Lewd design is present in
a hurried marriage ceremony by force where the
marriage is merely an artifice by which the accused
sought to escape the criminal consequences of his
acts.
The husband may not be held liable for the abduction
of his wife as lewd design is wanting.
If there are several defendants, it is enough that one
of them had lewd designs and the others knew about
it.
Nature of crime: against liberty, honor and
reputation, and public order.
There must be only one complex crime of forcible
abduction with rape. Subsequent rapes committed
should be considered independent of the abduction.
Conviction of Acts of Lasciviousness is not a bar to
conviction of forcible abduction.
FORCIBLE ABDUCTION
KIDNAPPING
V.
GRAVE
COERCION
V.
1.
2.
==================================
==============
Chapter 5: Provisions relative to the preceding
chapter of Title Eleven
==================================
==============
ART.
46
344.
PROSECUTION
OF
ADULTERY,
EFFECT OF MARRIAGE
GENERAL RULE: Marriage in good faith of the
offender with the offended party extinguishes the
criminal action or remits the penalty already imposed
upon him. This applies as well to accomplices and
accessories-after-the-fact.
EXCEPTION: In case of rape, marriage extinguishes
the criminal action only against the principal but not
to the accomplices and accessories. This rule also
does not apply to parties guilty of concubinage and
adultery.
NOTE:
Rape is now a crime against persons, and thus, may
be prosecuted de oficio or upon complaint of any
person.
In adultery and concubinage, both offenders must be
included in the complaint, even if only one is guilty.
When the offended party is of age and is in complete
possession of her mental and physical faculties, she
alone can file the complaint (applies to crimes
against chastity). Complaint must be filed in court
and not in the fiscal.
PARDON IN CRIMES AGAINST CHASTITY
Express or implied pardon by the offended party
is a bar to prosecution for adultery or
concubinage. However, pardon must extend to both
offenders and must come before the institution of the
criminal action.
Express pardon by the offended party or other
persons named in the law, as the case may be, is a
bar to prosecution for seduction, abduction,
rape or acts of lasciviousness. Pardon in
seduction must also come before the institution of
criminal action.
PARDON
BY
PARENTS,
GRANDPARENTS
OR
GUARDIAN MUST BE ACCOMPANIED BY THE
EXPRESS PARDON OF THE GIRL HERSELF
Pardon must be granted directly by the offended
party and it is only when she is dead or otherwise
incapacitated to grant it, that her parents,
grandparents or guardian may do so for her. 47
ART. 345. CIVIL LIABILITY OF PERSONS GUILTY OF
CRIMES AGAINST CHASTITY.
PERSON
GUILTY
OF
RAPE,
SEDUCTION
OR
ABDUCTION, SHALL ALSO BE SENTENCED:
1. To indemnify the offended woman.
2. To acknowledge the offspring, unless the law should
prevent him from so doing.
47
3.
NOTES:
The adulterer and concubine in the case provided
for in Articles 333 and 334 may also be sentenced, in
the same proceeding or in a separate civil
proceeding, to indemnify for damages caused to the
offended spouse.
There is no civil liability for Acts of Lasciviousness.
R.A. 9995
ANTI-PHOTO AND VIDEO VOYEURISM ACT 2009
DEFINITION OF TERMS (Sec. 3)
1. BROADCAST - to make public, by any means, a
visual image with the intent that it be viewed by a
person or persons.
2. CAPTURE WITH RESPECT TO AN IMAGE - means
to videotape, photograph, film, record by any means,
or broadcast.
3. FEMALE BREAST - means any portion of the female
breast.
4. PHOTO OR VIDEO VOYEURISM - means the act of
taking photo or video coverage of a person or group
of persons performing sexual act or any similar
activity or of capturing an image of the private area
of a person or persons without the latter's consent,
under circumstances in which such person/s has/have
a reasonable expectation of privacy, or the act of
selling, copying, reproducing, broadcasting, sharing,
showing or exhibiting the photo or video coverage or
recordings of such sexual act or similar activity
through VCD/DVD, internet, cellular phones and
similar means or device without the written consent
of the person/s involved, notwithstanding that
consent to record or take photo or video coverage of
same was given by such persons.
5. PRIVATE AREA OF A PERSON - means the naked or
undergarment clad genitals, public area, buttocks or
female breast of an individual.
6. UNDER CIRCUMSTANCES IN WHICH A PERSON
HAS A REASONABLE EXPECTATION OF PRIVACY means belief that he/she could disrobe in privacy,
without being concerned that an image or a private
area of the person was being captured; or
circumstances in which a reasonable person would
believe that a private area of the person would not be
visible to the public, regardless of whether that
person is in a public or private place.
PROHIBITED ACTS (Sec. 4)
1. To take photo or video coverage of a person or group
of persons performing sexual act or any similar
activity or to capture an image of the private area of
a person/s such as the naked or undergarment clad
genitals, public area, buttocks or female breast
without the consent of the person/s involved and
under circumstances in which the person/s has/have
a reasonable expectation of privacy;
2. To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of
sexual act or any similar activity with or without
consideration;
3.
To sell or distribute, or cause to be sold or
distributed, such photo or video or recording of
sexual act, whether it be the original copy or
reproduction thereof; or
4. To publish or broadcast, or cause to be published or
broadcast, whether in print or broadcast media, or
show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and other
similar means or device.
NOTE:
The prohibition under paragraphs (2), (3) and (4) shall
apply notwithstanding that consent to record or to
take a photo or video coverage of the same was given
11
11
ATTEMPT
(Sec. 6)
TO
COMMIT
CHILD
PROSTITUTION
3.
4.
COMPARE
PROSECUTION
FOR
ACTS
OF
LASCIVIOUSNESS UNDER ART. 336 OF THE RPC AND
RA 7610, AS AMENDED
Under RA 7610, the penalty for lascivious conduct
when the victim is under 12 years of age shall be
reclusion temporal in its medium period. On the other
hand, Art. 336 of the RPC provides a lighter penalty of
prision correctional for acts of lasciviousness.
5.
6.
JURISPRUDENCE
1. The implementing rules elaborated on this definition
when it defined a child as one who is below 18
years of age or over said age who, upon
evaluation
of
a
qualified
physician,
psychologist or psychiatrist, is found to be
48
49
b.
c.
PERSONS PENALIZED
1. Employers, employees, managers, supervisors,
teachers, professors, instructors, coaches, trainors,
and other persons who have authority, influence, or
moral ascendancy over another in a work, education
or training-related environment.
2. The employer or head of office, educational or
training institution shall be solidarily liable for
damages arising from the acts of sexual harassment
committed in the employment, education or training
environment if the employer or head of office,
educational or training institution is informed of such
acts by the offended party and no immediate action
is taken.
JURISPRUDENCE
1. In Domingo v. Rayala, it was held. It is true that
this provision calls for a demand, request or
requirement of a sexual favor be articulated in a
categorical oral or written statement. It may be
discerned, with equal certitude, from the acts of the
offender.50
END OF DISCUSSIONO ON TOPIC
11. CRIMES AGAINST CHASTITY
==================================
=====
50
ACTS PUNISHABLE:
1. Simulation of births
Elements:
a. The child is baptized or registered in the
Registry of birth as the offenders;
b. Thus, the child loses its real status and
acquires a new one; and
c. The offenders purpose was to cause the
loss of any trace as to the childs true
filiation.
2. Substitution of one child for another, or
3. Concealing or abandoning any legitimate child w/
the intent to cause such child to lose its civil status.
ELEMENTS:
a. The child must be legitimate, fully
developed and a living being;
b. The offender conceals or abandons such
child; and
c. The offender has the intent to cause the
child to lose its civil status.
NOTE:
SIMULATION crime must alter the persons civil
status.
Simulation takes place when the woman pretends to
be pregnant when in fact she was not; woman who
simulates birth and the woman who furnishes the
child are both responsible as principals
The fact that child will be benefited by simulation of
birth is not a defense since it creates a false status to
the detriment of members of family to which the
child is introduced.
A father who sells his child is not liable under this
article since there is no abandonment.
ABANDONING A CHILD
UNDER ART. 347
The offender is any
person.
The purpose is to cause
the child to lose its civil
status.
ABANDONING A MINOR
UNDER ART. 276
The offender must be one
who has custody of the child.
The purpose is to avoid the
obligation of rearing and
caring for the child.
of another.
NOTE:
Criminal intent to enjoy the civil rights of another by
the offender knowing he is not entitled thereto is
necessary to constitute this crime.
QUALIFYING CIRCUMSTANCE: Purpose of the
impersonation is to defraud the offended party or his
heirs.
Includes usurpation of profession
==================================
==============
Chapter 2: Illegal Marriages
==================================
==============
ART. 349. BIGAMY
ELEMENTS:
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.
NOTE:
The crime of bigamy does not fall within the category
of private crimes. Hence, it can be prosecuted even
without the initiative of the offended party.
The fact that the 1st marriage is void from the
beginning is not a defense in a bigamy charge. There
is a need for judicial declaration of the nullity of the
1st marriage. Similarly, there must also be a
summary proceeding to declare the absent spouse
presumptively dead for purposes of remarriage.
Validity of second marriage is a prejudicial
question to liability for bigamy
One convicted for bigamy may be prosecuted for
concubinage as both are distinct offenses. However,
the second spouse is not necessarily liable for
bigamy.
One who falsely vouches for the capacity of the
either of the contracting parties knowing that one of
the parties is already married is an accomplice.
Failure to exercise due diligence to ascertain the
whereabouts of the 1st wife and the husbands
remarriage
is
bigamy
through
reckless
imprudence.
A pardon by the offended party does not extinguish
criminal action considering that a crime is committed
against the State and the crime of Bigamy is a public
offense which can be denounced not only by the
person affected thereby but even by a civic-spirited
citizen who may come to know the same.
EFFECT OF DIVORCE
Divorce granted by a foreign court has no
effect. Residence there is not sufficient to confer
jurisdiction on the court of that state. This applies to
those domiciled in the Philippines although they
contracted marriage elsewhere.
Divorce obtained abroad by alien spouse shall
likewise restore the Filipino spouses capacity
to remarry under Philippine Law.
BURDEN OF PROOF IN BIGAMY
Once the prosecution has established that the
defendant was already married at the time he
contracted the 2nd marriage, the burden of proof to
show the dissolution of the first marriage is upon the
defense.
When a person marries twice, the second marriage is
presumed valid and the former one is presumed to
have been dissolved by death or divorce. But this
presumption may yield to circumstances.
JURISPRUDENCE
1. The mere private act of signing a marriage contract
bears no semblance to a valid marriage and thus,
needs no judicial declaration of nullity. Such act
alone, without more, cannot be deemed to constitute
an ostensibly valid marriage for which petitioner
might be held liable for bigamy unless he first
secures a judicial declaration of nullity before he
contracts a subsequent marriage.51
2. For the accused to be held guilty of bigamy, the
prosecution is burdened to prove the felony: (a)
he/she has been legally married; and (b) he/she
contracts a subsequent marriage without the former
marriage having been lawfully dissolved. The felony
is consummated on the celebration of the second
marriage or subsequent marriage. It is essential in
the prosecution for bigamy that the alleged second
marriage, having all the essential requirements,
would be valid were it not for the subsistence of the
first marriage.52
ART. 350. MARRIAGE
PROVISIONS OF LAWS
CONTRACTED
AGAINST
ELEMENTS:
1. That the offender contracted marriage; and
2. That he knew at the time that:
a. Requirements of law were not complied
with, or
b. The marriage was in disregard of a legal
impediment.
QUALIFYING CIRCUMSTANCE: If either of the
contracting parties obtains the consent of the other by
means of violence, intimidation or fraud.
REQUIREMENTS OF THE LAW FOR VALID MARRIAGE:
(ARTS. 2 AND 3 OF THE FAMILY CODE)
1. Legal capacity of the contracting parties who
must be male and female;
2. Consent freely given in the presence of the
51
52
3.
4.
5.
solemnizing officer;
Authority of the solemnizing officer;
A valid marriage license, except in marriages of
exceptional character; and
A marriage ceremony which takes place with the
appearance of the contracting parties before the
solemnizing
officer
and
their
personal
declaration that they take each other as
husband and wife in the presence of not less
than 2 witnesses of legal age.
NOTE:
Conviction for violation of Art. 350 involves moral
turpitude. The respondent is disqualified from being
admitted into the Bar.
The offender must not be guilty of bigamy.
ART. 351. PREMATURE MARRIAGES
PERSONS LIABLE:
1. A widow who married within 301 days from the
date of the death of her husband, or before having
delivered if she is pregnant at the time of his death.
2. A woman whose marriage having been dissolved
or annulled, married before her delivery or w/in 301
days after the date of the legal separation.
NOTE:
Period may be disregarded if the first husband was
impotent or sterile or if the woman was pregnant
before the death of the first husband and gave birth
within the said period.
The period of 301 days is important only in cases
where the woman is not pregnant, or does not know
that she is pregnant at the time she becomes a
widow. If she is pregnant at such time, the prohibition
is good only up to delivery.
PURPOSE OF THE LAW
Since the purpose of punishing the
foregoing acts is to prevent cases of
doubtful paternity, the woman will
not be liable thereunder if: (a) she has
already delivered; and (b) she has
conclusive proof that she was not
pregnant by her first spouse since he
was permanently sterile.53
ART. 352. PERFORMANCE OF ILLEGAL MARRIAGE
CEREMONY
ACT PUNISHED
Performance or authorization by a priest
or
minister
of
any
religious
denomination or sect or by civil
authorities of any illegal marriage
ceremony.
EXCEPTION
-
NOTE:
53
Offender
be
authorized
to
solemnize
marriages.
END OF DISCUSSION ON TOPIC
11. CRIMES AGAINST CIVIL STATUS
==================================
=====
13. Crimes Against Honor
==================================
=====
TOPICS UNDER THE SYLLABUS:
Chapter 1: Libel
Sec. 1 Definition, forms and punishment
of the crime
Sec. 2 - General Provisions
Chapter 2: Incriminatory Machinations
A.M. 06-2008
==================================
========
Chapter 1: Libel
==================================
==============
SECTION 1. DEFINITION, FORMS, AND
PUNISHMENT OF THIS CRIMES
ART. 353. DEFINITION OF LIBEL/DEFAMATION
ELEMENTS:
1. That there must be an imputation of a crime, or of a
vice or defect, real or imaginary, or any act,
omission,
condition,
status,
or
circumstance
(defamatory imputation);
2. That the imputation must be made publicly;
3. That it must be malicious;
4. That the imputation must be directed at a natural
or juridical person, or one who is dead;
5. That the imputation must tend to cause the
dishonor, discredit or contempt of the person
defamed.
DEFINITION OF TERMS
1. LIBEL is a public and malicious imputation of a
crime, or a vice or defect, real or imaginary or any
act, commission, condition, status or circumstances
tending to cause the dishonor, discredit or contempt
of a natural or juridical person, or to blacken the
memory of one who is dead. It must be committed
through any of the acts enumerated in Art. 355
2. DEFAMATION may be libel or slander. Defamation is
the proper term for libel as used in Art. 353.
3. PUBLICATION is the communication of the
defamatory matter to some third person/s.
KINDS OF MALICE
1. MALICE IN LAW is presumed from a defamatory
imputation. Proof of malice is not required; may be
taken for granted in view of the grossness of the
imputation.
2. MALICE IN FACT is malice or ill-will which must be
proved.
WHEN DO MALICE IN FACT APPLY?
Malice in fact must be proved whenever the defamatory
imputation appears in a privileged communication.
WHEN DOES PRESUMPTION OF MALICE OF LAW
DISAPPEAR?
Upon proof of good intention and justifiable motive.
NOTE:
There is no distinction between calumny, insult and
libel. All kinds of attack against honor and reputation
is punished.
Malice is presumed to exist in injurious publications.
55
56
REQUISITES:
a. 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 in the exercise of
his functions;
b. That it is made in good faith; and
c. That it is made without any comments or remarks
DOCTRINE OF FAIR COMMENT
Fair commentaries on matters of public interest are
privileged and constitute a valid defense in an action
for libel or slander.
MALICE IN FACT - is the rivalry or ill-feeling existing at
the date of publication. It is the intention to injure the
reputation of the offended party, motivated by hate and
revenge.
MALICE IN FACT MAY BE PROVED OR SHOWN BY:
1. Extrinsic evidence that the defendant bore a grudge
against the offended party; or
2. That there was rivalry or ill-feeling between them
which existed at the date of the publication of the
defamatory imputation; or
3.
NOTE:
Prosecution must prove malice in fact to convict the
accused
in
case
of
qualified
privileged
communication
Absolute Privileged Communication are not
actionable even if done in bad faith. This covers
statements made by members of Congress in
discharge of functions, and judicial proceedings when
pertinent and relevant to subject of inquiry
Unnecessary publicity destroys good faith. Defense
of privileged communication in paragraph 1 will be
rejected if it is shown that accused acted with malice
and there is no reasonable ground for believing the
charge to be true.
The mental, moral and physical fitness of a candidate
for public office may be subject to criticism. It does
not follow a public man into his private life and
domestic concerns.
Privileged Communication may be found in public
document
That the statement is a privileged communication is
a matter of defense
STATEMENTS MADE IN SELF-DEFENSE ARE OFTEN
PRIVILEGED
Statements made in self defense or in mutual controversy
are often privileged. The person libeled is justified to hit
back with another libel. However, retaliation and
vindictiveness cannot be the basis of self-defense in
defamation. Self-defense must be on matters related to
imputations made on the person invoking the defense.
BY
MEANS
OF
WRITINGS
OR
JURISPRUDENCE
A public figure has been defined as a person who, by his
accomplishments, fame, or mode of living, or by adopting
a profession or calling which gives the public a legitimate
interest in his doings, his affairs, and his character, has
become a 'public personage.' He is, in other words, a
celebrity. Obviously to be included in this category are
those who have achieved some degree of reputation by
appearing before the public, as in the case of an actor, a
professional baseball player, a pugilist, or any other
entertainer. The list is, however, broader than this. It
includes public officers, famous inventors and explorers,
war heroes and even ordinary soldiers, an infant prodigy,
and no less a personage than the Grand Exalted Ruler of
a lodge. It includes, in short, anyone who has
arrived at a position where public attention is
focused upon him as a person.57
ELEMENTS:
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; and
3. That such facts are offensive to the honor, virtue
and reputation of said person.
57
NOTES:
The prohibition to publish applies even such
publication be made in connection w/ or under the
pretext that it is necessary in the narration of any
judicial or administrative proceedings wherein such
facts have been mentioned.
Art. 357 constitutes the Gag law which bars from
publication news reports on cases pertaining to
adultery, divorce, issues about the legitimacy of
children, etc.
Source of news report may not be revealed unless
NOTE:
Slander may either be simple or grave, depending
upon the nature of the deed.
Pointing a dirty finger constitutes simple slander by
deed, it appearing from the factual milieu of the case
that the act complained of was employed "to express
anger or displeasure" at complainant. While it may
have cast dishonor, discredit or contempt upon
complainant, said act is not of a serious nature. 59
DISTINCTIONS:
ACTS
58
59
OF
LASCIVIOUSNESS
irritation
or
NOTE:
Complaint for defamation imputing a private crime
(i.e. adultery, concubinage, seduction, abduction,
and acts of lasciviousness) must be filed by the
offended party.
If the libel imputes a vice or defect and not a crime, it
is always prosecuted upon information signed and
filed by the fiscal
The person who publishes a libelous letter written by
the offended party is liable (publishing and not
composing is the prime requisite of crime).
Liability of the editor is same as the author.
Limitations of venue: In order to minimize
interference with public function when the case
involves a public officer and also to avoid
unnecessary harassment of the accused by limiting
out-of-town libel suits.
Action for exemplary damages may be awarded if
action is based on quasi-delict.
Civil and criminal actions must be filed in same court.
No remedy for damages for slander or libel in case of
absolutely privileged communication.
Planting evidence
NOTES:
Art. 363 is limited to planting evidence and the like,
which tend directly to cause false prosecution.
Incriminatory machinations distinguished from
defamation does not avail himself of written or
spoken words.
There is a complex crime of incriminating an
innocent person through unlawful arrest.
INCRIMINATING AN
INNOCENT
Performs act to directly
incriminate or impute
commission of crime
Act of planting evidence
Arresto Mayor
PERJURY BY MAKING
FALSE ACCUSATION
Imputation falsely made
before an officer
False statement or affidavit
made under oath
Arresto Mayor max to
Prision Correccional min
INCRIMINATING AN
INNOCENT PERSON
The offender performs an
act by which he directly
incriminates or imputes to
an innocent person the
commission of a crime.
SLANDER
The source of information
can be pinpointed and
definitely determined and
defendant, adopting as his
own the information he has
obtained, passes the same
to another for the purpose
of causing dishonor to
complainants reputation.
A.M. 08-2008
(RULE OF PREFERENCE IN
IMPOSITION OF PENALTIES IN LIBEL CASES)
There is an emergent rule of preference for the imposition
of fine only rather than imprisonment in libel cases.
All courts and judges concerned should henceforth
take note of the foregoing rule of preference set by
the Supreme Court on the matter of the imposition
of penalties for the crime of libel bearing in mind
the following principles:
1. This Administrative Circular does not remove
imprisonment as an alternative penalty for the crime
libel under Article 355 of the Revised Penal Code;
2. The Judges concerned may, in the exercise of sound
discretion, and taking into consideration the peculiar
circumstances of each case, determine whether the
imposition of a fine alone would best serve the
interests of justice or whether forbearing to impose
imprisonment would depreciate the seriousness of
the offense, work violence on the social order, or
otherwise be contrary to the imperative of justice.
3.
==================================
=====
14. Quasi Offenses
==================================
=====
CRIMINAL NEGLIGENCE
==================================
===============
ART. 365. IMPRUDENCE AND NEGLIGENCE
QUASI-OFFENSES ARE COMMITTED IN 4 WAYS:
1. By committing through reckless imprudence any act
which, had it been intentional, would constitute a
grave or less grave felony or light felony;
2. By committing through simple imprudence or
negligence an act w/c would otherwise constitute a
grave or a less serious felony;
3. By causing damage to the property of another
through reckless imprudence or simple imprudence
or negligence; or
4. By causing through simple imprudence or negligence
some wrong which, if done maliciously, would have
constitute a light felony.
ELEMENTS OF RECKLESS IMPRUDENCE:
1. That the offender does or fails to do an act;
2. That the doing of or the failure to do that act is
voluntary;
3. That it be without malice;
4. That material damage results; and
5. That there is inexcusable lack of precaution on the
part of the offender, taking into consideration
a. his employment or occupation,
b. degree of intelligence, physical condition,
and
c. other circumstances regarding persons, time
and place.
ELEMENTS OF SIMPLE IMPRUDENCE:
1. That there is lack of precaution on the part of the
offender; and
2. That the damage impending to be caused is not
immediate or the danger is not clearly manifest.
NEGLIGENCE
Deficiency of Perception
Failure in Advertence
Avoided by paying proper
attention and using due
diligence in foreseeing
them
IMPRUDENCE
Deficiency of Action
Failure in Precaution
Avoided by taking the
necessary precaution once
foreseen
NOTE:
FORCE MAJEURE
Events which could not
be foreseen, or which,
though foreseen, were
inevitable. It implies an
extraordinary
circumstance which is
independent of the will of
the actor.