Professional Documents
Culture Documents
3.
ELEMENTS:
a. That the offender owes allegiance to
the Government of the Philippines
That there is a war in which the
Philippines is involved
c.
Article 114
TREASON
b.
Not Treasonous:
a.
Acceptance of public
discharge of official duties
enemy does not constitute per
of treason (exception: when
determining)
office and
under the
se the felony
it is policy
b.
c.
Article 115
CONSPIRACY TO COMMIT TREASON
ELEMENTS:
a. In time of war
b.
ELEMENTS:
a. That the offender must be owing
allegiance to the government, and
not a foreigner
b.
c.
Crime of omission
ELEMENTS:
a. 1. That the offender enters any of the
places mentioned therein
2
3
2. That he has no authority
therefore;
b.
Acts punished
1.
Unlawfully obtaining or permitting to be
obtained information affecting national
defense;
2.
Unlawful
disclosing
of
information
affecting national defense;
3.
Disloyal acts or words in times of peace;
4.
Disloyal acts or words in times of war;
5.
Conspiracy to violate preceding sections;
6.
Harboring or concealing violators of law.
and
7.
Photographing vital military information
Article 119
VIOLATION OF NEUTRALITY
Article 118
INCITING TO WAR OR GIVING MOTIVES FOR
REPRISALS
ELEMENTS:
a. That the offender performs unlawful
or unauthorized acts
b.
ELEMENTS:
a. That there is war in which the Philippines
is not involved
b. That there is a regulation issued by
competent authority for the purpose of
enforcing neutrality
c. That
the
regulation
offender
violates
such
That
the
offender
makes
correspondence
with
an
enemy
country or territory occupied by
enemy troops
c.
Article 122
PIRACY
ELEMENTS
a. That there is a war
Philippines is involved
in
is
high
d. That
going
to enemy
country
prohibited by competent authority
the
the
on
which
Elements:
a. That
a
vessel
is
seas/Philippine waters
PIRACY
Robbery
or
forcible
degradation on the high
seas,
without
lawful
authority and done with
animo lucrandi and in the
spirit and intention of
universal hostility.
Intent to gain is an
element.
MUTINY
Unlawful resistance to a
superior officer, or the
raising of commotion and
disturbances on board a
ship against the authority
of its commander
No criminal intent
Attack
from
outside.
Offenders are strangers to
the vessel.
ELEMENTS OF MUTINY
1)
2)
3) Offenders either
a.
b.
Article 123
QUALIFIED PIRACY
QUALIFYING CIRCUMSTANCES:
a. Whenever they have seized a vessel by
boarding or firing upon the same
b.
c.
Parricide/infanticide
(Judge Pimentel)
should
be
Murder/rape/homicide/physical
injuries
must have been committed on the passengers
or complement
(2)
(3)
(4)
included
(2)
aircraft.
As soon as the pilots entered the
cockpit, they pulled out their firearms and gave
instructions where to fly the aircraft. Does the
anti hi-jacking law apply?
No. The passengers have yet to board the
aircraft.
If at that time, the offenders are
apprehended, the law will not apply because the
aircraft is not yet in flight. Note that the aircraft is
of Philippine registry.
3.
While the stewardess of a
Philippine Air Lines plane bound for Cebu was
waiting for the passenger manifest, two of its
passengers seated near the pilot surreptitiously
entered the pilot cockpit. At gunpoint, they
directed the pilot to fly the aircraft to the Middle
East. However, before the pilot could fly the
aircraft towards the Middle East, the offenders
were subdued and the aircraft landed. What
crime was committed?
TITLE TWO
CRIMES AGAINST THE FUNDAMENTAL LAWS
OF THE STATE
Article 124
ARBITRARY DETENTION
ELEMENTS:
a. That the offender is a public officer
or employee (whose official duties
include the authority to make an arrest
and detain persons; jurisdiction to
maintain peace and order).
b.
That he
restraint).
detains
person
c.
(actual
Continuing crime
continuous crime
b.
violent insanity
or
other
ailment
requiring compulsory confinement of the
patient in a hospital
c. escaped prisoner
* When the peace officers acted in good faith even
if the three (3) grounds mentioned above are not
obtaining, there is no Arbitrary Detention.
is
different
from
As to offender
In arbitrary detention, the offender is a
public officer possessed with authority to
make arrests.
In unlawful arrest, the offender may be
any person.
(2)
As to criminal intent
In arbitrary detention, the main reason
for detaining the offended party is to
deny him of his liberty.
DELIVERY OF DETAINED
ELEMENTS:
a. That the offender is a public officer
or employee
b.
c.
Arbitrary Detention
(124)
Detention is illegal
from the beginning.
Delay in Delivery of
Detained (125)
Detention is legal in the
beginning, but illegality
starts from the expiration of
the
specified
periods
without
the
persons
detained
having
been
delivered to the proper
judicial authority.
Article 126
DELAYING RELEASE
ELEMENTS:
a. That the offender is a public officer
or employee
b.
c.
good
1.
2.
3.
without
b.
c.
Article 127
EXPULSION
b.
c.
b.
aliens;
2.
If a Filipino citizen is sent out of
the country, what crime is committed?
Grave coercion, not expulsion, because a
Filipino cannot be deported. This crime refers only
to aliens.
2 acts punishable:
a. by expelling a
Philippines
Yes. Expulsion.
ELEMENTS:
a. That the offender is a public officer
or employee
person
from
the
Article 128
VIOLATION OF DOMICILE
ELEMENTS:
a. That the offender is a public officer
or employee
b.
c.
2.
3.
3 acts punishable:
a. person enters dwelling w/o consent or
against the will
In the plain view doctrine, public officer
should be legally entitled to be in the
place where the effects were found. If he
entered the place illegally and he saw the
effects, doctrine inapplicable; thus, he is
liable for violation of domicile.
b.
c.
(1)
(2)
(3)
ELEMENTS:
a. That the offender is a public officer
or employee
b. That he has legally procured a search
warrant
c. That he exceeds his authority or uses
unnecessary severity in executing the
same
Article 129
SEARCH WARRANTS MALICIOUSLY OBTAINED
ELEMENTS:
a. That the offender is a public officer
or employee
b.
c.
Abuse examples:
a. X owner was handcuffed while search
was going-on.
b.
c.
Article 130
SEARCHING DOMICILE WITHOUT WITNESSES
ELEMENTS :
a. That the offender is a public officer
or employee
b.
c.
c.
Article 131
PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETINGS
ELEMENTS:
a. Offender
employee
b.
is
public
officer
or
1. prohibiting
or
interrupting,
without legal ground the holding
of
a
peaceful
meeting,
or
dissolving the same (e.g. denial of
permit in arbitrary manner).
b.
(2)
Distinctions
between
prohibition,
interruption, or dissolution of peaceful
meetings under Article 131, and tumults and
other disturbances, under Article 153
As to the participation of the public
officer
(1)
(2)
ELEMENTS:
a. That the officer is a public officer or
employee
b.
That
religious
ceremonies
or
manifestations of any religion are
about to take place or are going on
c.
Article 133
OFFENDING RELIGIOUS FEELINGS
ELEMENTS:
a. That the acts complained of were
performed
1. in a place devoted to religious
worship, or (for this element, no
need of religious ceremony, only the
place is material)
2. during the celebration of any
religious ceremony
b.
c.
Prohibit
ion,
Interrup
tion and
Dissolut
ion
of
Peaceful
Meeting
(131)
Nature
of
Crime
Crime
against
the
fundam
ental
law
of
the state
Who are
Liable
If Element
Missing
Public
officers,
Outsiders
If
not
by
public officer
= tumults
If by insider =
unjust
vexation
If
not
religious
=
tumult
or
alarms
If
not
notoriously
offensive
=
unjust
vexation
If
not
tumults
=
alarms and
scandal
If
meeting
illegal
at
onset
=
inciting
to
sedition
or
rebellion
Interrup
tion
of
Religiou
s
Worship
(132)
Crime
against
the
fundam
ental
law
of
the state
Public
officers,
Outsiders
Offendin
g
the
Religiou
s Feeling
(133)
Crime
against
public
order
Public
officers,
private
persons,
outsiders
TITLE THREE
CRIMES AGAINST PUBLIC ORDER
ELEMENTS:
a. That there be
1. public uprising and
2. taking
arms
against
government (force/violence)
b.
the
4.
A change of
participation
actual
participation. If there is no public uprising,
the crime is of direct assault.
government
w/o
external
ORTEGA OPINION:
Rebellion can now be complexed with
common crimes.
Not long ago, the
Supreme Court, in Enrile v. Salazar, 186
SCRA 217, reiterated and affirmed the
rule laid down in People v. Hernandez, 99
Phil 515, that rebellion may not be
complexed with common crimes which are
committed in furtherance thereof because
they are absorbed in rebellion. In view of
said reaffirmation, some believe that it has
been a settled doctrine that rebellion
cannot be complexed with common crimes,
such as killing and destruction of property,
committed on the occasion and in
furtherance thereof.
This thinking is no longer correct; there is no legal
basis for such rule now.
The statement in People v. Hernandez that
common crimes committed in furtherance of
rebellion are absorbed by the crime of rebellion,
was dictated by the provision of Article 135 of the
Revised Penal Code prior to its amendment by
the Republic Act No. 6968 (An Act Punishing the
Crime of Coup Detat), which became effective on
October 1990.
Prior to its amendment by
Republic Act No. 6968, Article 135 punished
those who while holding any public office or
employment, take part therein by any of these
acts: engaging in war against the forces of
Government; destroying property; committing
serious violence; exacting contributions, diverting
funds for the lawful purpose for which they have
been appropriated.
Since a higher penalty is prescribed for the crime
of rebellion when any of the specified acts are
committed in furtherance thereof, said acts are
punished as components of rebellion and,
therefore, are not to be treated as distinct crimes.
The same acts constitute distinct crimes when
committed on a different occasion and not in
furtherance of rebellion. In short, it was because
Article 135 then punished said acts as
components of the crime of rebellion that
precludes the application of Article 48 of the
Revised Penal Code thereto. In the eyes of the
law then, said acts constitute only one crime and
that is rebellion. The Hernandez doctrine was
reaffirmed in Enrile v. Salazar because the text of
Article 135 has remained the same as it was
when the Supreme Court resolved the same issue
in the People v. Hernandez. So the Supreme
Article 134-A
COUP D ETAT
c.
(2)
As to purpose
In rebellion,
political.
the
purpose
is
always
public
As to nature
or
networks
(1)
Directed against:
1. duly constituted authorities
ELEMENTS:
a. Swift attack
b. Accompanied
by
violence,
intimidation, threat, strategy or stealth
Rebelli
on
(134)
Natur
Crime
against
National
Security
Crime
against
Public
Order
Overt
levying
war
against
the govt;
OR
Adherence
and
giving
aid or
comfort
to
enemie
s
Deliver
the govt
to enemy
during
war
Public
uprisin
g
A
ND
Taking
up
arms
against
the
govt
Purpo
se of
object
ive
Article 135
PENALTIES
See
article.
Coup
detat
(134A)
Crime
agains
t
Public
Order
See
article.
Seizing
or
dimini
shing
state
power.
Sedition
(139)
Crime
against
Public
Order
c.
Not in Government
Service
Anyone who participates
or
in
an
manner,
supports,
finances,
abets, aids in a coup.
Rising
publicly or
tumultuo
usly
(caused by
more than
3
armed
men
or
provided
with
means of
violence)
See
enumerati
on
in
article.
is
malversation
NOTES:
> Public officer must take active part because
mere silence or omission not punishable in
rebellion
Article 137
DISLOYALTY
Article 136
CONSPIRACY TO COMMIT COUP D ETAT,
REBELLION OR INSURRECTION
ELEMENTS:
a. 2 more persons come to an agreement
to rise publicly and take arms
against the government
b.
c.
ETAT,
ELEMENTS:
a. A person who has decided to rise
publicly
and
take
arms
the
government
b.
c.
OF PUBLIC
EMPLOYEES
OFFICERS
AND
ACTS PUNISHED:
a. Failing to resist rebellion by all the
means in their power
b.
c.
Accepting appointment
under rebels
to
office
Article 138
INCITING TO REBELLION OR INSURRECTION
ELEMENTS:
c.
That he incites
execution of any
rebellion
others
of the
to the
acts of
Inciting to
Rebellion (138)
Not required that the
offender has decided
to commit rebellion.
The inciting is done
publicly.
ELEMENTS:
a. That the offenders rise
c.
2. to
prevent
the
national
government, or any provincial or
municipal government, or any
public
thereof
from
freely
exercising its or his functions, or
prevent the execution of any
administrative order
Sedition:
raising
of
commotion
or
disturbances in the State. Its ultimate object
is a violation of the public peace or at least
such measures that evidently engenders it.
Article 139
SEDITION
Proposal to Commit
Rebellion (136)
The
person
who
proposes has decided to
commit rebellion.
The
person
who
proposes the execution
of the crime uses secret
means.
b.
object
or
Article 141.
Conspiracy to Commit Sedition
* In this crime, there must be an agreement and
a decision to rise publicly and tumultuously to
attain any of the objects of sedition.
* There is no proposal to commit sedition.
Article 142
INCITING TO SEDITION
from
freely
in
b.
c.
the
ELEMENTS:
a. That the offender does not take a
direct part in the crime of sedition
b.
writing,
publishing,
or
circulating
scurrilous [vulgar, mean, libelous] libels
against the government or any of the
duly constituted authorities thereof,
which tend to disturb the public peace
c.
When punishable:
a. when they tend to disturb or obstruct
any lawful officer in executing the
functions of his office; or
b.
c.
d.
ELEMENTS:
a. That there be a projected or actual
meeting of Congress or any of its
committees
or
subcommittees,
constitutional
commissions
or
committees or division thereof, or of
any provincial board or city or
municipal council or board
b.
Article 144
DISTURBANCE OF PROCEEDINGS
ELEMENTS:
a. That there be a meeting of Congress
or
any
of
its
committees,
constitutional
commissions
or
committees or divisions thereof, or of
any provincial board or city or
municipal council or board
b.
2.
Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY
Acts punishable:
a. By using force, intimidation, threats,
or frauds to prevent any member of
Congress from
1.
b.
2.
3.
3.
4.
2.
3.
Elements:
1. That the offender is a public officer or
employee
2.
1.
1.
2.
b.
b.
ELEMENTS:
a. Organized totally or partially for the
purpose of committing any of the
crimes in RPC
Or
b. For some purpose contrary to public
morals
Persons liable:
a. founders, directors and president of the
association
b. mere members of the association
ILLEGAL ASSEMBLY
ILLEGAL
(146)
ASSOCIATION
(147)
Must
be
an
actual No need for such
meeting of armed persons
to commit any of the
crimes punishable under
the RPC, or of individuals
who, although not armed,
are
incited
to
the
commission of treason,
rebellion,
sedition
or
assault upon a person in
authority of his agent.
It is the meeting and the Act of forming or
attendance at such that organizing
and
are punished
membership
in
the association
Persons liable: leaders Founders,
and those present
directors,
president
members
c.
and
c.
e.
Always
complexed
with
the
material
consequence of the act (e.g. direct assault
with murder) except if resulting in a light
felony, in which case, the consequence is
absorbed
Person in
Authority
Agent
Need not be
serious
Must be of serious
character
Intimidation
/Resistance
Serious
Serious
Article 149
INDIRECT ASSAULT
c.
ELEMENTS:
a. That a person in authority or his
agent is the victim of any of the forms
of direct assault defined in ART. 148.
b.
c.
Article 150
DISOBEDIENCE TO SUMMONS
Acts punishable:
a. refusing without legal excuse to obey
summons
ELEMENTS:
a. That a person in authority or his
agent is engaged in the performance
of official duty or gives a lawful
order to the offender.
b.
c.
ELEMENTS:
Resistant and
Disobedience to a
Person in Authority
or Agents of such
Person (151)
PIA or his agent must
be
in
the
actual
performance of his
duties.
Committed by resisting
or seriously disobeying
a PIA or his agent.
disobedience
disappear.
in
Article
151
would
entirely
OF
TYPES:
a. Causing any serious disturbance in a
public place, office or establishment
b.
c.
Article 154
UNLAWFUL USE OF MEANS OF PUBLICATION
AND UNLAWFUL UTTERANCES
TYPES:
a.
Publishing or causing to be
published, by means of printing,
lithography or any other means of
publication as news any false news
which may endanger the public order,
or cause damage to the interest or
credit of the State.
b.
c.
Printing,
publishing
or
distributing or (causing the same)
books, pamphlets, periodicals or
leaflets which do not bear the real
printers name or which are classified
as anonymous.
Article 155
ALARMS AND SCANDALS
TYPES:
a. Discharging any firearm, rocket,
firecracker, or other explosive within
any town or public place, calculated
to cause alarm or danger
b.
c.
(2)
(3)
Attempted
homicide,
murder,
or
parricide if the firearm when discharged
is directed against a person and intent to
kill is present.
CRIME
Tumults
and
Nature of
Crime
Crime
against
Who are
Liable
Private
other
Disturbances
(153)
Alarms
and
Scandals (155)
Public Order
persons,
outsider
Crime
against
Public Order
Private
persons,
outsider
Article 156
DELIVERING PRISONERS FROM JAILS
c.
ELEMENTS :
a. That there is a person confined in a
jail or penal establishment.
b.
(1)
(2)
(3)
ELEMENTS :
a. That the offender is a convict by
final judgment.
b.
c.
A continuing offense.
nor
offense
b.
c.
d.
or
Article 158
EVASION OF SERVICE OF SENTENCE ON THE
OCCASION
OF
DISORDERS,
CONFLAGRATIONS,
EARTHQUAKES
OR
OTHER CALAMITIES
ELEMENTS :
a. That the offender is a convict by final
judgement who is confined in a penal
institution.
b.
c.
3.
Article 159
VIOLATION OF CONDITIONAL PARDON
ELEMENTS:
a. That the offender was a convict.
b.
c.
ORDINARY EVASION
To evade the penalty
given by the courts
disturbs the public
order
ELEMENTS
a.
That the offender was already
convicted by final judgement of one
offense.
b.
12.
13.
9.
10.
11.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Article 161
COUNTERFEITING
GOVERNMENT
GREAT
SEAL
OF
TYPES:
a. Forging the great seal of the
Government
b.
c.
Forging the
President
signature
of
the
Article 162
USING
FORGED
SIGNATURE
COUNTERFEIT SEAL OR STAMP
c.
Article 163
MAKING AND IMPORTING AND UTTERING
FALSE COINS
Applies also
circulation
OR
ELEMENTS:
a. That the great seal of the republic
was counterfeited or the signature
or stamp of the chief executive
was forged by another person.
b.
ELEMENTS :
a. That there be false or counterfeited
coins (need not be legal tender).
b.
That
the
offender
either
imported or uttered such coins.
made,
c.
to
coins
withdrawn
from
Acts punished
1.
2.
Article 164
(2)
(3)
It has to be a coin.
2.
When the image of Jose Rizal on
a five-peso bill is transformed into that of Randy
Santiago, is there a violation of Presidential
Decree No. 247?
Yes.
Presidential Decree No. 247 is
violated by such act.
4.
An old woman who was a
cigarette vendor in Quiapo refused to accept onecentavo coins for payment of the vendee of
cigarettes he purchased. Then came the police
who advised her that she has no right to refuse
since the coins are of legal tender. On this, the
old woman accepted in her hands the onecentavo coins and then threw it to the face of the
vendee and the police. Was the old woman guilty
of violating Presidential Decree No. 247?
She was guilty of violating Presidential
Decree No. 247 because if no one ever picks up the
coins, her act would result in the diminution of the
coin in circulation.
5.
A
certain
customer
in
a
restaurant wanted to show off and used a P
20.00 bill to light his cigarette. Was he guilty of
violating Presidential Decree No. 247?
He was guilty of arrested for violating of
Presidential Decree No. 247. Anyone who is in
possession of defaced money is the one who is the
violator of Presidential Decree No. 247.
The
intention of Presidential Decree No. 247 is not to
punish the act of defrauding the public but what is
being punished is the act of destruction of money
issued by the Central Bank of the Philippines.
Note that persons making bracelets out of some
coins violate Presidential Decree No. 247.
b.
Acts punishable:
a. Forging or falsity of treasury/bank
notes or documents payable to bearer
Article 165
b.
c.
Article 169
FORGERY
ELEMENTS :
a. That there be an instrument payable to
order or other document of credit not
payable to bearer.
b.
c.
ELEMENTS:
a. That any treasury or bank note or
certificate or other obligation and
security payable to bearer, or any
instrument payable to order or other
document of credit not payable to
bearer is forged or falsified by another
person.
b.
c.
by
erasing,
substituting,
counterfeiting, altering by any means
the figures, letters or words, or signs
contained therein.
(2)
(3)
(4)
(5)
OF
LEGISLATIVE
ELEMENTS :
a. That these be a bill, resolution or
ordinance enacted or approved or
c.
Article 171
FALSIFICATION OF DOCUMENTS BY PUBLIC
OFFICER, EMPLOYEE, OR NOTARY OR
ECCLESTASTICAL MINISTER
ELEMENTS:
a.
That the offender is a public
officer, employee, or notary public.
b.
c.
iii.
That
the
alteration/intercalation has changed the
meaning of the document
iv.
7.
COUNTERFEITING
imitating
handwriting, signature or rubric
any
FEIGNING
simulating a signature,
handwriting, or rubric out of one of which
does not in fact exist
ELEMENTS
a.
That the offender is a private
individual or a public officer or
employee who did not take advantage
of his official position.
b.
Article 172
c.
Counterfeiting
or
imitating
any
handwriting, signature or rubric.
2.
3.
4.
5.
6.
That
the
falsification
was
committed in any public or official or
commercial document.
damage
is
not
c.
ELEMENTS :
a. That the offender committed any of
the acts of falsification, except those
in paragraph 7 and 8, enumerated in
art. 171.
b.
Falsification by omission
ELEMENTS:
a. Introducing in a judicial proceeding:
1. That the offender knew that a
document
was
falsified
by
another person.
3. That
he
introduced
said
document in evidence in any
judicial proceeding. (intent to cause
damage not necessary)
b.
Examples:
Falsification of
Private
Documents
Prejudice to third
party is an element
of the offense.
Falsification of
Public/Official
Documents
Prejudice
to
third
persons is immaterial,
what is punished is the
violation of public faith
and perversion of truth
which the document
proclaims.
3.
Article 173
FALSIFICATION
OF
WIRELESS,
CABLE,
TELEGRAPH, AND TELEPHONE MESSAGES,
AND USE OF SAID FALSIFIED MESSAGES
Acts punishable:
1. Uttering fictitious, wireless, telegraph
or telephone message
Requisites:
a. That the offender is an officer or
employee of the government or an
officer or employee of a private
corporation, engaged in the service of
sending or receiving wireless, cable or
telephone message.
b. That the accused commits any of the
following acts:
b.
c.
Article 174
FALSIFICATION OF MEDICAL CERTIFICATES,
CERTIFCATES OF MERIT OR SERVICE AND
THE LIKE:
Persons liable:
a. Physician or surgeon who, in connection
with the practice of his profession, issued
a false certificate (note: such certificate
must refer to the illness or injury of a
person)
b. Public officer who issued a false
certificate of merit of service, good
conduct or similar circumstances
c.
falsified
b.
Article 175
USING FALSE CERTIFICATES
ELEMENTS:
a. That a physician or surgeon has issued
a false medical certificate, or a public
officer has issued a false certificate of
merit or service, good conduct, or
similar circumstances, or a private
person had falsified any of said
certificates.
b.
c.
knew
that
the
Elements
1.
2.
Article 176
MANUFACTURING
AND
POSSESSION
OF
INTRUMENTS
OR
IMPLEMENTS
FOR
FALSIFICATION:
Acts punishable:
a. Making
or
introducing
into
the
Philippines any stamps, dies or marks
or other instruments or implements for
counterfeiting or falsification
Offender
knowingly
and
falsely represents himself;
As an officer, agent or
representative
of
any
department or agency of the
Philippine government or of
any foreign government.
Elements
1.
Offender performs any act;
2.
Pertaining
to
any
person
in
authority or public officer of the
Philippine
government
or
any
foreign government, or any agency
thereof;
3.
4.
b.
OTHER FALSITIES
Article 177
USURPATION OF AUTHORITY OR OFFICIAL
FUNCTIONS:
Article 178
USING FICTITIOUS NAME AND CONCEALING
TRUE NAME
That he
publicly.
uses
that
fictitious
name
c.
Concealing True
Name (178)
Publicity
not
necessary
Purpose is to conceal
identity
ELEMENTS:
a. That the offender makes use of
insignia, uniform or dress
b. That the insignia, uniform or dress
pertains to an office not held by the
offender or to a class of persons of
which he is not a member.
c. That said insignia, uniform or dress is
used publicly and improperly.
* The wearing of a uniform, or insignia of a nonexisting office or establishment is not a crime. It
is necessary that the uniform or insignia
represents an office which carries authority,
respect, dignity, or influence which the public
looks up to.
> So also, an exact imitation of a uniform or dress
is unnecessary;
a
colorable
resemblance
calculated to deceive the common run of people is
sufficient.
* The wearing of insignia, badge or emblem of
rank of the members of the armed forced of the
PNP)
is
ELEMENTS:
a.
That
there
be
a
criminal
proceeding.
b.
That the offender testifies falsely
under oath against the defendant
therein.
c.
That the offender who gives false
testimony knows that it is false.
d.
That the defendant against whom
the false testimony is given is either
acquitted or convicted in a final
judgment (prescriptive period starts at
this point)
Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT
in a criminal case:
Elements:
1.
A person gives false testimony;
2.
3.
In a criminal case.
Article 182
FALSE TESTIMONY IN CIVIL CASES
c.
ELEMENTS:
a. That the testimony must be given in a
civil case.
Article183
FALSE TESTIMONY IN OTHER CASES AND
PERJURY IN SOLEMN AFFIRMATION
ELEMENTS:
a. That an accused made a statement
under oath or made an affidavit upon
a material matter.
b.
ELEMENTS:
a
That the offender offered in evidence
a false witness or false testimony.
b
ELEMENTS:
a That there be a public auction.
b That the accused solicited any gift or
a promise from any of the bidders.
c.
Article 186
MONOPOLIES
AND
COMBINATIONS
RESTRAINT OF TRADE:
IN
Acts punished:
a. Combination
to
prevent
competition in the market
Elements
free
Elements
1.
2.
b.
Elements
In restraint of trade or
commerce or to prevent by
artificial
means
free
competition in the market.
Person/s liable:
a. manufacturer
b. producer
c. processor
d. importer
b. conspiring
c. agreeing with another person
The purpose is:
a. to make transactions prejudicial to lawful
commerce
b. to increase the market price of any
merchandise or object of commerce
manufactured,
produced,
processed,
assembled or imported into the Phil
Also liable as principals:
a. corporation/association
b. agent/representative
c. director/manager
who
willingly
permitted or failed to prevent commission
of above offense
Aggravated if items are:
a. food substance
b. motor fuel or lubricants
c. goods of prime necessity
Article 187
IMPORTATION AND DISPOSITION OF FALSELY
MARKED ARTICLES OR MERCHANDISE MADE
OF GOLD, SILVER, OR OTHER PRECIOUS
METALS OR THEIR ALLOYS
ELEMENTS:
a That the offender imports, sells or
disposes of any of those articles or
merchandise.
b That the stamps, brands, or marks or
those articles or merchandise fails to
indicate the actual fineness or
quality of said metals or alloys.
c That the offender knows that the said
stamp, brand, or mark fails to
indicate the actual fineness or
quality of the metals or alloys.
Article 188
SUBSTITUTING ALTERING TRADE-MARK,
TRADENAME,
OR
SERVICE
MARK
Acts punishable:
a By (a) substituting the trade name
(t/n) or trademark (t/m) of some other
manufacturer or dealer or a colorable
imitation thereof, for the t/n or t/m of
the real manufacturer or dealer upon
any article of commerce and (b)
selling the same.
b By selling or by offering for sale such
article of commerce, knowing that the
t/n or t/m has been fraudulently used
c By using or substituting the service
mark of some other person, or a
colorable imitation of such marks, in
the sale or advertising of services
d By
printing,
lithographing
or
reproducing t/n, t/m or service mark
of one person, or a colorable
limitation thereof, to enable another
person to fraudulently use the same,
knowing the fraudulent purpose for
which it is to be used.
Acts punished:
a Unfair competition by selling his goods,
giving them the general appearance of
the goods of another manufacturer or
dealer
b Fraudulent designation of origin;
false description by (a) affixing to his
goods or using in connection with his
services a false designation of origin; or
any false description or representation,
and (b) selling such goods or services
c
ELEMENTS:
a That the offender gives his goods the
general appearance of the goods of
another manufacturer or dealer
b
TITLE FIVE
CRIMES RELATED TO OPIUM AND OTHER
PROHIBITED DRUGS (190-194)
COMPREHENSIVE DANGEROUS DRUGS ACT
OF 2002
(RA No. 9165)
I.
Acts Punishable:
a. importation of prohibited drugs
b. sale,
administration,
delivery,
distribution and transportation of
prohibited drugs
c. maintenance of a den, dive or resort
for prohibited drug users
d. being employees or visitors of drug
den
e. manufacture of prohibited drugs
f. possession or use
g. cultivation of plants
h. failure to comply with provisions
relative to keeping of records of
prescription
i. unnecessary prescription
j. possession of opium pipe and other
paraphernalia
k. Importation, sale, etc. of regulated
drugs
Manufacture
drugs.
- NOT BAILABLE
of
prohibited/regulated
PENALTY :
a. Life to death & fine of 500,000 to 10 million
10 gms. Opium, morphine, heroine, cocaine,
marijuana resin and Ecstasy.
50 gms. Shabu
500 gms. Marijuana
b. Life Imprisonment and a fine of P400,000.00P500,000.00
10-50 gms. Shabu
c. 20 years to Life and a fine of 400,000.00500,000.00
5-10 gms. Shabu
d. 12 20 years and a fine of 300,000.00400,000.00
Less than 5 gms. Of any dangerous drugs
Possession of paraphernalia
6 mos. 4 yrs. & fine of 10,000 50,000
Use of Dangerous Drugs A person
apprehended or arrested, who is found to be
positive for use of any dangerous drug, after
a confirmatory test, shall be imposed a
penalty of a minimum of six (6) months
rehabilitation in a government center for the
Qualifying Circumstance
1. If the land involved is part of the
public domain, the maximum of the
penalty herein provided shall be imposed.
Unlawful
prescription
of
prohibited/regulated drugs
Penalty life to death and a fine of P500,000
to P10 Million
Unnecessary
prescription
prohibited/regulated drugs
Penalty 12 to 20 years and fine of
P100,000 to P500,000 plus revocation of
license
of
Probation Law
Any person convicted for drug trafficking
regardless of the penalty imposed cannot avail of
the privilege granted by the probation law.
Qualifying Aggravating Circumstance
A positive finding for the use of dangerous drugs
shall be a qualifying aggravating circumstance in
the commission of a crime by an offender and the
application of the penalty provided for in the
RPC.
d
e
Sale,
administration,
delivery,
distribution
and
transportation
of
dangerous drugs
Maintenance of a den, dive or resort for
prohibited drugs
Manufacture of dangerous drugs
Cultivation or culture of plants which are
sources of prohibited drugs
a.
b.
Drug Testing
1. Applicants for drivers license - mandatory
2. Applicants for firearms license and for
permit to carry - mandatory
3. Students of secondary and tertiary schools
random (school shall shoulder expenses)
4. Officers and employees of private and
public offices random (employer shall
shoulder expenses)
Any officer or employee found positive for use
of dangerous drug shall be dealt with
administratively which shall be a ground for
suspension or termination subject to Art. 282
of the Labor Code and pertinent provisions of
the Civil Service Law.
5. Officers and members of the military,
police and other law enforcement agencies
annual mandatory
6. All persons charged before the prosecutors
office with a criminal offense having an
impossible penalty of imprisonment of not
less than six (6) years and one (1) day shall
have to undergo a mandatory drug test
7. All candidates for public office whether
appointed or elected both in the national or
local government shall undergo a mandatory
drug test.
Issuance of False or fraudulent drug test
results (whether willfully or through gross
negligence)
Penalty 6 to 12 years and fine P100,000.00 to
P500,000.00
Additional penalty revocation of license to
practice and closure of the drug testing center
II.
III.
Voluntary submission
a. Voluntary submission of a drug dependent to
confinement, treatment and rehabilitation by
the drug dependent himself or through his
parent, guardian or relative within the 4th
civil degree of consanguinity or affinity, in a
center and compliance with such conditions
therefor as the Dangerous Drugs Board may
prescribe shall exempt from criminal liability
for
possession
or
use
of
the
prohibited/regulated drug. (Applicable only
to those liable for use of dangerous drugs
and not to possession and sale)
b. Should the drug dependent escape from the
center, he may submit himself for
confinement within 1 week from the date of
his escape, of his parent guardian or relative
may, within the same period surrender him
for confinement.
c. Upon application of the Board, the Court
shall issue an order for recommitment if the
drug dependent does not resubmit himself
for confinement or if he is not surrendered
for recommitment.
d. If, subsequent to such recommitment, he
should escape again, he shall no longer be
exempt from criminal liability for the use or
possession of any dangerous drug.
e. If a person charged with an offense is found
by the fiscal or by the Court at any stage of
2.
b
c
CONDITIONS:
under
18
at
time
of
commission but not more than 21 at time
when judgment was promulgated
not
been
previously
convicted of violating any provision of this
Act or the RPC
not been placed on probation
on
violation of probation
pronounce sentence convict and serve
sentence
1.
a.
b.
3.
4.
What is gambling?
It is a game or device or method, the
result of which depends wholly or chiefly upon
chance or hazard. So, if the game depends wholly
upon skill or ability of the players, there is no
gambling.
The manner of determining whether the game
played is prohibited or not is whether the result
will depend wholly or chiefly upon chance or
hazard.
Significantly, if the game has been identified and
declared as a form of gambling by express
provision of law, there will be no need or
requirement to go into the methods upon how the
game is played.
What is lottery?
It is a scheme for the distribution of
prizes by chance among persons who have paid,
or agreed to pay, a valuable consideration for a
chance to obtain a prize. (US vs. Filart, et al.,
30 Phil. 80)
Pinball machines or slot machines are considered
gambling devices because the result depends
upon chance or hazard.
If the prizes do not come out of the funds or
contributions of the participants, there is no
lottery. (Uy vs. Palomar, 27 SCRA 287)
Article 196.
IMPORTATION, SALE AND POSSESSION OF
LOTTERY TICKETS OR ADVERTISEMENTS
Acts punished
1.
2.
3.
4.
Article 197.
BETTING IN SPORT CONTESTS
OR
Acts Punishable:
a.
Betting: Betting money or any object
or article of value of representative value
upon the result of any game, races and other
sports contests.
b.
Game-fixing:
any
arrangement,
combination, scheme or agreement by which
the result of any game, races, or sports
contests shall be predicated and/or known
other than on the basis of the honest playing
skill or ability of the players or participants.
c.
Point-shaving:
any
such
arrangement
combination,
scheme
or
agreement by which the skill or ability of any
player or participant in a fame, races, or
sports contests to make points of scores
shall be limited deliberately in order to
influence the result thereof in favor of one or
other team, player or participant.
d.
Article 199.
ILLEGAL COCKFIGHTING
This article has been modified or repealed by
Presidential Decree No. 449 (The Cockfighting
Law of 1974):
COCKFIGHTING LAW OF 1974
PD 449
I.
Scope This law shall govern the
establishment, operation, maintenance
and ownership of cockpits.
II.
Rules:
A.
Only Filipino citizens not otherwise
inhibited by existing laws shall be allowed to
own, manage and operated cockpits.
B.
Only one cockpit shall be allowed in
each city or municipality with a population of
100,000 or less.
C.
Cockpits shall be constructed and
operated within the appropriate areas as
prescribed in the Zoning Law or ordinance.
D.
When allowed:
F.
Illustrations:
(1)
ELEMENTS:
a. Offender performs an act
b. Act is highly scandalous as offending
against decency or good customs
c. Highly scandalous conduct does not
expressly fall within any other article
of the RPC
d. Committed in a public place or within
the public knowledge or view. (The
public view is not required, it is sufficient if
in public place. For public knowledge, it
may occur even in a private place; the
number of people who sees it is not
material).
the
(2)
Persons liable:
a.
Those who publicly expound or
proclaim doctrines that are contrary to
public morals
b.
Authors of obscene literature,
published with their knowledge in any
form
c.
Editors publishing such obscene
literature
d.
e.
f.
Owners
or
operators
of
establishments
selling
obscene
literature
Those who exhibit indecent or
immoral plays, scenes, acts or shows
ion theaters, fairs, cinemas or any
other place
Those who sell, distribute, or
exhibit prints, engraving, sculptures or
literature which are offensive to morals
e.
Article 202
VAGRANTS AND PROSTITUTES:
Trespass to dwelling
Attempted theft
Vagrancy
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
b.
Notes:
Public officer must derive his authority from:
1. direct provision of law
2. popular election
3.appointment by competent authority
* In defining the term public officers, the law
makes the reference to the manner by which he is
appointed to public office. He thus becomes a
public officer because of his appointment by
competent authority or because he is elected to
public office.
Public officers: embraces every public servant
from the lowest to the highest rank
Under Republic Act No. 3019 (The Anti-Graft and
Corrupt Practices Act), the term public officer is
broader and more comprehensive because it
includes all persons whether an official or an
employee, temporary or not, classified or not,
contractual or otherwise.
Any person who
receives compensation for services rendered is a
public officer.
* A government laborer is not a public officer.
However, temporary performance by a laborer of
public functions makes him a public officer
* Crimes committed by public officers are nothing
but corruption in public service.
Breach of oath of office partakes of three
forms:
a.
b.
c.
Malfeasance
Misfeasance
Nonfeasance
Article 204:
KNOWINGLY
JUDGMENT
RENDERING
AN
UNJUST
ELEMENTS:
a. Offender is a judge
b. Renders a judgment in the case
submitted to him for judgment
c. Judgment is unjust
d. Knowledge that the decision is
unjust
Notes:
JUDGMENT: is a final consideration and
determination by a court of competent
jurisdiction of the issues submitted to it in an
action or proceeding
* The law requires that the judgment must be
written in the official language, personally and
directly prepared by the judge, and signed by
him. It must contain a clear and distinct
statement of facts proved or admitted by the
defendant and upon which the judgment is
based.
UNJUST JUDGMENT: one which is contrary to
law, or not supported by the evidence, or both
An unjust judgment may result from:
1. error (with bad faith)
2. ill-will or revenge
3. bribery
* There must be evidence that the decision
rendered is unjust. It is not presumed
* To be liable for the above crime, not only must
the judgment be proved to be unjust .it must
likewise be established to have been knowingly
rendered. There must be a conscious and
deliberate intent to do an injustice. This usually
occurs when the judge entertains hatred, envy,
revenge, or greed against one of the parties.
* Abuse of discretion or mere error of judgment
cannot likewise serve as basis for rendering an
unjust judgment in the absence of proof or even
an allegation of bad faith (motive or improper
consideration).
Article 205
JUDGMENT
RENDERED
THROUGH
NEGLIGENCE
ELEMENTS:
a. Offender is a judge
b.
ELEMENTS:
a. That the offender is a judge.
b.
1.
2.
ELEMENTS:
a. That the offender is a judge.
b. That there is a proceeding in his court.
c. That he delays the administration of
justice.
d. That the delay is malicious, that is, the
delay is caused by the judge with
deliberate intent to inflict damage on
either party in the case.
IN
or
to
to
c.
commission
(if
gift/promise
is
a
consideration for his conduct: direct bribery)
(2)
(3)
Illustration:
The offender was caught for white slavery. The
policeman allowed the offender to go free for some
consideration. The policeman does not violate
Article 208 but he becomes an accessory to the
crime of white slavery.
But in the crime of theft or robbery, where the
policeman shared in the loot and allowed the
offender to go free, he becomes a fence. Therefore,
ACTS PUNISHED:
a. Causing
damage
to
client
(prejudice is essential) either
1. by
any
malicious
breach
of
professional duty, or
c.
Undertaking
the
defense
of
the
st
opposing party of the 1 client and/or
having
received
confidential
information from the latter and
without the latters consent (damage not
necessary)
(2)
Through
gross
ignorance,
damage to the client;
(3)
Inexcusable negligence;
(4)
Revelation of secrets
professional capacity;
(5)
learned
causing
in his
ELEMENTS:
a. That the offender be a public officer
within the scope of Art 203
b.
c.
1.
2.
3.
officer and
the private
c.
Victim parts
money
or
voluntarily.
with his
property
Robbery (294)
When the victim did not
commit a crime and he is
intimidated
with
arrest
and/or
prosecution
to
deprive him of his personal
property.
Victim is deprived of his
money or property by force
or intimidation.
ELEMENTS:
a. That the offender is a public
officer.
b.
c.
Article 211-A
QUALIFIED BRIBERY
b.
Refrains
from
arresting/prosecuting offender for
crime punishable by reclusion
perpetua and/or death
(if lower penalty than stated above,
the crime is direct bribery)
ELEMENTS:
a. Public officer entrusted with law
enforcement
c.
Article 212
CORRUPTION OF PUBLIC OFFICIALS
ELEMENTS:
a. That the offender makes offers or
promises or gives gifts or present
to a public officer.
b.
(2)
(3)
(4)
(5)
(2)
(3)
(4)
(5)
(6)
Persons Liable:
a.
c.
d.
1.
2.
3.
4.
e.
f.
III.
Act; and (c) the right to raise the issue that the
information can be quashed under any of the
grounds provided in Section 2, Rule 117 of the
Rules of Court (People vs. Albano, 163 SCRA
511).
* Once the information is found to be sufficient in
form and substance, the court must issue the
suspension order as a matter of course and there
are no ifs and buts about it (Bayot vs.
Sandiganbayan, et al., 128 SCRA 383).
* Preventive suspension is resorted to in order to
prevent the accused from using his office to
intimidate witnesses or frustrate his prosecution
or continue committing malfeasance in office
because the presumption is that unless the
accused is suspended, he may frustrate his
prosecution
to
commit
further
acts
of
malfeasance or both (Bayot vs. Sandiganbayan,
et al., supra).
* When the administrative case against the
officer or employee under preventive suspension
is not finally disposed of by the disciplining
authority within the period of ninety (90) days
after the date of suspension of the respondent
who is not a presidential appointee, the
respondent shall be automatically reinstated in
the service: Provided, That when the delay in the
disposition of the case is due to the fault,
negligence or petition of the respondent, the
period of delay shall not be counted in computing
the
period
of
suspension
herein
provided.(Segovia vs. Sandiganbayan)
ORTEGA NOTES:
The mere act of a public officer demanding an
amount from a taxpayer to whom he is to render
public service does not amount to bribery, but
will amount to a violation of the Anti-graft and
Corrupt Practices Act.
Illustration:
A court secretary received P500 .00 from a
litigant to set a motion for an early hearing. This
is direct bribery even if the act to be performed is
within his official duty so long as he received a
consideration therefor.
If the secretary persuaded the judge to make a
favorable resolution, even if the judge did not do
so, this constitutes a violation of Anti-Graft and
Corrupt Practices Act, Sub-Section A.
Illustration:
Illustration:
CATCH ALL PROVISION
Section 3 (e) of the Anti-Graft and Corrupt
Practices Act causing undue injury to the
government or a private party by giving
unwarranted benefit to the party whom does not
deserve the same.
In this case, good faith is not a defense because it
is in the nature of a malum prohibitum.
Criminal intent on the part of the offender is not
required. It is enough that he performed the
prohibited act voluntarily.
Even though the
prohibited
act
may
have
benefited
the
government.
The crime is still committed
because the law is not after the effect of the act
as long as the act is prohibited.
Section 3 (g) of the Anti-Graft and Corrupt
Practices Act where a public officer entered into
a contract for the government which is manifestly
disadvantageous to the government even if he did
not profit from the transaction, a violation of the
Anti-Graft and Corrupt Practices Act is
committed.
If a public officer, with his office and a private
enterprise had a transaction and he allows a
relative or member of his family to accept
employment in that enterprise, good faith is not a
defense because it is a malum prohibitum. It is
enough that that the act was performed.
Where the public officer is a member of the
board, panel or group who is to act on an
application of a contract and the act involved one
of discretion, any public officer who is a member
of that board, panel or group, even though he
voted against the approval of the application, as
long as he has an interest in that business
enterprise whose application is pending before
that board, panel or group, the public officer
concerned shall be liable for violation of the Anti-
ELEMENTS: (par. 1)
a. That the offender be a public officer.
b. That he should have taken advantage
of his office, that is, he intervened in
the transaction in his official capacity.
c.
Notes:
> The public officer must act in his official
capacity
> The felony is consummated by merely entering
into an agreement with any interested party or
speculator or by merely making use of any
scheme to defraud the Government
* The essence of this crime is making the
government pay for something not received or
making it pay more than what is due. It is also
committed by refunding more than the amount
which should properly be refunded. This occurs
usually in cases where a public officer whose
official duty is to procure supplies for the
government or enter into contract for government
transactions, connives with the said supplier
with the intention to defraud the government.
Also when certain supplies for the government
are purchased for the high price but its quantity
or quality is low.
* Not all frauds will constitute this crime. There
must be no fixed allocation or amount on the
matter acted upon by the public officer.
* The allocation or outlay was made the basis of
fraudulent quotations made by the public officer
involved.
For example, there was a need to put some
additional lighting along a street and no one
knows how much it will cost.
An officer was
asked to canvass the cost but he connived with
the seller of light bulbs, pricing each light bulb at
P550.00 instead of the actual price of P500.00.
This is a case of fraud against public treasury.
If there is a fixed outlay of P20,000.00 for the
lighting apparatus needed and the public officer
connived with the seller so that although
allocation was made a lesser number was asked
to be delivered, or of an inferior quality, or
secondhand.
In this case there is no fraud
against the public treasury because there is a
fixed allocation.
The fraud is in the
implementation of procurement.
That would
constitute the crime of other fraud in Article 214,
which is in the nature of swindling or estafa.
ELEMENTS:
a. The offender is a public officer
entrusted with the collection of taxes,
licenses, fees and other imposts.
b.
1.
2.
3.
Notes:
(2)
Illustration:
c.
c.
Article 215
PROHIBITED TRANSACTIONS
ELEMENTS:
a. That the offender is an appointive public
officer.
the
Notes:
Examples of transactions of exchange or
speculation are: buying and selling stocks,
commodities, land etc wherein one hopes to take
advantage of an expected rise or fall in price
* Purchasing of stocks or shares in a company is
simple investment and not a violation of the
article. However, regularly buying securities for
resale is speculation
Article 216
POSSESSION OF PROHIBITED INTERESTS BY
A PUBLIC OFFICER
ELEMENTS:
a. That the offender is a public officer.
b.
b.
Experts,
arbitrators
and
private
accountants in any contract or
transaction connected with the estate or
property in the approval, distribution or
adjudication of which they had acted.
Notes:
> Actual fraud is not necessary.
c.
3.
Concept of Malversation
It consists in the misappropriation or conversion
of public funds or property to ones personal use
or knowingly, or through abandonment or
negligence allowing other to use or appropriate
the same. The offender is made liable because of
the nature of his duties to take care of the funds
or property entrusted to him with the diligence of
a good father of a family. He is accountable by
virtue of the nature of his office to account for
funds or properties that come to his possession.
If he is not accountable for the funds or properties
and he misappropriates the same, the crime will
not be malversation but estafa under Article 315.
Malversation
embezzlement
is
otherwise
called
Malversation
Committed
by
accountable
public
officers
The object is public
fund or property.
Personal appropriation
is not indispensable
because
allowing
others to commit the
misappropriation
is
also malversation.
In
malversation
thru
negligence,
the
negligence of the accountable public officer
must be positively and clearly shown to be
inexcusable, approximating fraud or malice
is
not
the
private
person
may
malversation
under
situations:
also
commit
the
following
(1)
officer
in
(2)
(3)
OFFICER
c.
Article 219
FAILURE
OF
A
RESPONSIBLE
PUBLIC
OFFICER TO RENDER ACCOUNTS BEFORE
LEAVING THE COUNTRY
ELEMENTS:
a. That the offender is a public officer.
b.
c.
TO
ELEMENTS:
a. That the offender is a public officer,
whether in the service or separated
therefrom.
b.
OR
ELEMENTS:
a. That the offender is a public officer.
b.
c.
c.
value
of
Article 222
PERSONS WHO MAY BE HELD LIABLE UNDER
ARTS 217 TO 221
b.
Article 224
EVASION THROUGH NEGLIGENCE
ELEMENTS:
a. That the offender is a public officer.
b.
c.
WITH
OR
CONSENTING
TO
ELEMENTS:
a. That the offender is a public officer (on
duty).
b.
c.
d. Penalty
based
imprisonment
on
nature
of
ORTEGA NOTES:
Article 225
ESCAPE
OF
PRISONERS
UNDER
THE
CUSTODY OF A PERSON NOT A PUBLIC
OFFICER
ELEMENTS:
a. That the offender is a private person
(note: must be on duty)
b.
c.
or
person
under
ELEMENTS:
a. That the offender be a public officer.
b.
c.
Illustration:
Article 227
OFFICER BREAKING SEAL
ELEMENTS :
a. That the offender is a public officer.
b.
c.
c.
ELEMENTS:
a. That the offender is a public officer.
b.
Notes:
> Secret must affect public interest
* The secrets referred to in this article are those
which have an official or public character. It does
not include secret information regarding private
individuals. Nor does it include military or State
secrets in as much as the revelation of the same
is classified as espionage, a crime in violation of
the national security of the State.
* Secrets of a private individual is not included
* Espionage for the benefit of another State is not
contemplated by the article. If regarding military
secrets or secrets affecting state security, the
crime may be espionage.
c.
That those
published.
papers
should
not
be
f.
That damage
interest.
be
caused
to
public
Notes:
ELEMENTS:
a. That the offender is a public office
b. That he knows of the secret of a private
individual by reason of his office.
c. That he reveals such secrets without
authority or justification reason.
ELEMENTS:
a. That the offender is a judicial or executive
officer.
b. That there is a judgment, decision or
order of superior authority.
c. That such judgment, decision or order was
made within the scope of the jurisdiction of
the superior authority and issued with all
the legal formalities
d. that the offender without any legal
justification openly refuses to execute the
said judgment, decision or order which he
is duty bound to obey.
* The gravamen of the offense is the open refusal
of the offender to execute the order without
justifiable reason.
ELEMENTS:
a. That the offender is a public officer.
b. That a competent authority demands
from the offender that he lend his
cooperation towards the administration
of justice or other public service.
c. That the offender fails to do so
maliciously.
Demand is necessary
ELEMENTS:
a. That the offender is elected by popular
election to a public office.
b. That he refuses to be sworn in or
discharge the duties of said office.
c. That there is no legal motive for such
refusal to be sworn in or to discharge the
duties of said office.
* After proclamation of a candidate to a public
office, it becomes his duty to render public
service. Since it is his duty, then his refusal to
perform such duty is punishable under the law.
Article 235
MALTREATMENT OF PRISONERS
ELEMENTS:
a. That the offender is a public officer or
employee.
b. That he has under charge a prisoner or
detention prisoner (otherwise the crime is
physical injuries)
c. That he maltreats such prisoner in either
of the following manners:
1.
2.
physical
injuries
inflicted,
but
not
for
maltreatment because it was not the custodian
who inflicted the injury.
> But if it is the custodian who effected the
maltreatment, the crime will be maltreatment of
prisoners plus a separate charge for physical
injuries.
Article 236
ANTICIPATION OF DUTIES OF A PUBLIC
OFFICE
ELEMENTS:
a. That the offender is entitled to hold a
public office or employment, either by
election or appointment.
b. That the law requires that he should first
be sworn in and/or should first give a
bond.
c. That he assumes the performance of the
duties and powers of such office
d. That he has not taken his oath of office and
/or given the bond required by law.
Article 237
PROLONGING PERFORMANCE OF DUTIES
AND POWERS
ELEMENTS:
a. That the offender is holding a public
office.
b. That the period provided by law,
regulations or special provisions for
holding such office has already expired.
c. That he continues to exercise the duties
and powers of such office.
b.
Abandonment of Office
or Position (238)
There
is
actual
abandonment
through
resignation to evade the
discharge of duties.
Dereliction of Duty
(208)
Public officer does
not
abandon
his
office but merely fails
to
prosecute
a
violation of the law.
Article 239
USURPATION OF LEGISLATIVE POWERS
ELEMENTS:
a. That the offender is an executive or
judicial officer.
b. That he (a.) makes general rules or
regulations beyond the scope of his
Article 241
USURPATION OF JUDICIAL FUNCTIONS
ELEMENTS:
a. That the offender is an officer of the
executive branch of the government.
b. That he (a.) assumes judicial powers, or
(b.) obstruct the execution of any order
decision rendered by any judge within
his jurisdiction.
REQUEST
FOR
ELEMENTS:
a. That the offender is a public officer.
b. That a proceeding is pending before such
public officer.
c.
That there is a question brought before
the proper authority regarding his
jurisdiction, which is not yet decided.
d. That he has been lawfully required to
refrain from continuing the proceeding.
e.
That he continues the proceeding.
* Even if the jurisdiction of the offender is later
upheld or sustained, he is still liable because
what is in issue is not the legality of his
jurisdiction, but whether he obeyed or disobeyed
the temporary restraining order issued by the
higher authority.
Article 243
ORDERS OR REQUESTS BY EXECUTIVE
OFFICER TO ANY JUDICIAL AUTHORITY
ELEMENTS:
a.
b.
c.
Article 244
UNLAWFUL APPOINTMENTS
ELEMENTS:
a. That the offender is a public officer.
b. That he nominates or appoints a person
to a public office.
c.
That
such person lacks the legal
qualification therefor.
d.
1.
3.
Article 245
ABUSES AGAINST CHASTITY
ELEMENTS:
a. That the offender is a public officer.
b. That he solicits or makes immoral or
indecent advances to a woman.
c.
That such woman must be
2.
Republic
Act
No.
7877
(Anti-Sexual
Harassment Act)
> Committed by any person having authority,
influence or moral ascendancy over another in a
work, training or education environment when he
or she demands, requests, or otherwise requires
any sexual favor from the other regardless of
whether the demand, request or requirement for
submission is accepted by the object of the said
act (for a passing grade, or granting of
scholarship or honors, or payment of a stipend,
allowances, benefits, considerations; favorable
compensation terms, conditions, promotions or
when the refusal to do so results in a detrimental
consequence for the victim).
> Also holds liable any person who directs or
induces another to commit any act of sexual
harassment,
or
who
cooperates
in
the
commission, the head of the office, educational
or training institution solidarily.
TITLE EIGHT
CRIMES AGAINST PERSONS
Crimes against persons
1.
Parricide (Art. 246);
2.
Murder (Art. 248);
3.
Homicide (Art. 249);
4.
Death caused in a tumultuous affray
(Art. 251);
5.
Physical
injuries
inflicted
in
a
tumultuous affray (Art. 252);
6.
Giving assistance to suicide (Art. 253);
7.
Discharge of firearms (Art. 254);
8.
Infanticide (Art. 255);
9.
Intentional abortion (Art. 256);
10.
Unintentional abortion (Art. 257);
11.
Abortion practiced by the woman herself
or by her parents (Art. 258);
12.
Abortion practiced by a physician or
midwife and dispensing of abortives (Art.
259);
13.
Duel (Art. 260);
14.
Challenging to a duel (Art. 261);
15.
Mutilation (Art. 262);
16.
Serious physical injuries (Art. 263);
17.
Administering injurious substances or
beverages (Art. 264);
18.
Less serious physical injuries (Art. 265);
19.
Slight physical injuries and maltreatment
(Art. 266); and
20.
Rape (Art. 266-A).
DESTRUCTION OF LIFE
Article 246
PARRICIDE
ELEMENTS:
1. That a person is killed.
2. That the deceased is killed by the
accused.
3. That the deceased is the father, mother,
or
child,
whether
legitimate
or
illegitimate, or a legitimate other
ascendant or other descendant, or the
legitimate spouse of the accused.
Notes:
Requisites:
1. A legally married person or parent
surprises his spouse or daughter (the
latter must be under 18 and living with them)
in the act of committing sexual
intercourse with another person
2. He/she kills any or both of them or
inflicts upon any or both of them any
serious physical injury in the act or
immediately thereafter
3. He has not promoted or facilitated the
prostitution of his wife or daughter, or
that he has not consented to the
infidelity of the other spouse.
Notes:
* Article does not define or penalize a felony
(2)
(3)
(4)
b.
c.
d.
e.
f.
Notes:
* While the circumstance of by a band is not
among those enumerated that could qualify
killing to murder, it would seem that if the killers
constituted a band, the crime is murder because
the circumstance of with the aid of armed men
is included in the qualifying circumstances.
* The victim must be killed in order to
consummate the offense. Otherwise, it would be
attempted or frustrated murder
* Killing a person with treachery is murder even if
there is no intent to kill. (People vs. Cagoco, 58
Phil. 530)
* Any of the qualifying circumstances must be
alleged in the information. Otherwise, they will
only be considered as generic aggravating
circumstances
* When the other circumstances are absorbed or
included in one qualifying circumstance, they
cannot be treated or separated as generic
aggravating
circumstances.
(People
vs.
Remalante, 92 Phil. 48)
* Treachery and premeditation are inherent in
murder with the use of poison
Ortega Notes:
In murder, any of the following qualifying
circumstances is present:
(1) Treachery, taking advantage of superior
strength, aid or armed men, or employing
means to waken the defense, or of means or
persons to insure or afford impunity;
There is treachery when the offender commits
any of the crimes against the person
employing means, methods or forms in the
execution thereof that tend directly and
especially to insure its execution without risk
to himself arising from the defense which the
offended party might make.
This circumstance involves means, methods,
form in the execution of the killing which may
actually be an aggravating circumstance also,
in which case, the treachery absorbs the
same.
Illustration:
(3)
Inundation,
fire,
poison,
explosion,
shipwreck, stranding of a vessel, derailment
or assault upon a street car or locomotive, fall
of an airship, by means of a motor vehicle, or
with the use of other means involving great
waste and ruin;
Article 249
HOMICIDE
ELEMENTS:
1. That a person was killed.
2. That the accused killed him without any
justifying circumstances.
3. That the accused had the intention to
kill, which is presumed.
4. That the killing was not attended by any
of the qualifying circumstances of
murder, or by that of parricide or
infanticide.
Notes:
* Homicide is the unlawful killing of a person not
constituting murder, parricide or infanticide.
* Intent to kill is conclusively presumed when
death resulted. Hence, evidence of intent to kill is
required only in attempted or frustrated homicide
* In all crimes against persons in which the death
of the victim is an element, there must be
satisfactory evidence of (1) the fact of death and
(2) the identity of the victim
Distinction
injuries:
between
homicide
and
physical
PARRICIDE,
Article 251
DEATH IN A TUMULTOUS AFFRAY
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 quarreled 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.
6. That the person or persons who inflicted
serious physical injuries or who used
violence can be identified.
Notes:
* Tumultuous affray exists when at least 4
persons take part in it
* When there are 2 identified groups of men who
assaulted each other, there is no tumultuous
affray
a.
b.
(2)
Article 252
PHYSICAL
INJURIES
INFLICTED
IN
A
TUMULTOUS AFFRAY
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.
Acts punishable:
1. Assisting another to commit suicide,
whether the suicide is consummated or
not
2. Lending his assistance to another to
commit suicide to the extent of doing the
killing himself
Notes:
* Giving assistance to suicide means giving
means (arms, poison, etc.) or whatever manner of
positive and direct cooperation (intellectual aid,
suggestions regarding the mode of committing
suicide, etc.).
* A person who attempts to commit suicide is not
criminally liable
(2)
(2)
Article 254
DISCHARGE OF FIREARMS
ELEMENTS:
1. that the offender discharges a firearm
against or at another person.
2. That the offender has no intention to kill
that person.
Notes:
* This crime cannot be committed through
imprudence because it requires that the
discharge must be directed at another.
* The offender must shoot at another with any
firearm without intention of killing him. If the
firearm is not discharged at a person, the act is
not punished under this article
* If the firearm is directed at a person and the
trigger was pressed but did not fire, the crime is
frustrated discharge of firearm.
* If the discharge is not directed at a person, the
crime may constitute alarm and scandal.
* A discharge towards the house of the victim is
not discharge of firearm. On the other hand,
firing a gun against the house of the offended
party at random, not knowing in what part of the
house the people were, it is only alarm under art
155.
* Usually, the purpose of the offender is only to
intimidate or frighten the offended party
* Intent to kill is negated by the fact that the
distance between the victim and the offender is
200 yards
* A person can be held liable for discharge even if
the gun was not pointed at the offended party
Article 256
INTENTIONAL ABORTION
ELEMENTS:
1. That there is a pregnant woman.
2. That violence is exerted, or drugs or
beverages administered, or that the
accused otherwise acts upon such
pregnant woman.
3. That as a result of the use of violence or
drugs or beverages upon her, or any other
act of the accused, the fetus dies, either
in the womb or after having been expelled
therefrom.
4. That the abortion is intended.
Ortega Notes:
Acts punished
1. Using any violence upon the person of the
pregnant woman;
2. Acting, but without using violence, without
the consent of the woman. (By administering
drugs or beverages upon such pregnant
woman without her consent.)
3. Acting (by administering drugs or beverages),
with the consent of the pregnant woman.
> Abortion is the violent expulsion of a fetus from
the maternal womb.
If the fetus has been
delivered but it could not subsist by itself, it is
still a fetus and not a person. Thus, if it is killed,
the crime committed is abortion not infanticide.
Distinction between infanticide and abortion
It is infanticide if the victim is already a person
less that three days old or 72 hours and is viable
Article 257
UNINTENTIONAL ABORTION
ELEMENTS:
1. That there is a pregnant woman.
2. That violence is used upon such pregnant
woman without intending an abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence that fetus
dies, either in the womb or after having
been expelled therefrom.
Notes:
* Unintentional abortion requires physical
violence inflicted deliberately and voluntarily by a
third person upon the person of the pregnant
woman. Mere intimidation is not enough unless
the degree of intimidation already approximates
violence.
* If the pregnant woman aborted because of
intimidation, the crime committed is not
Article 258
ABORTION PRACTICED BY THE
HERSELF OR BY HER PARENTS
ELEMENTS :
1. That there is a pregnant woman who has
suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by
with
b.
any other
consent, or
her
c.
Notes:
* Liability of the pregnant woman is mitigated if
the purpose is to conceal her dishonor. However,
there is no Mitigation for the parents of the
pregnant women even if their purpose is to
conceal their daughters dishonor
* In infanticide, parents can avail of the
mitigating circumstance of concealing the
dishonor of their daughter. This is not so for art
258
Article 259
ABORTION PRACTICED BY A PHYSICIAN OR
MIDWIFE AND DISPENSING OF ABORTIVES
ELEMENTS:
1. That there is a pregnant woman who has
suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a
physician or midwife, causes or assists in
causing the abortion.
4. That said physician or midwife takes
advantage of his or her scientific
knowledge or skill.
Notes:
* It is not necessary that the pharmacist knew
that the abortive would be used to cause
no
Persons liable:
1. Principals person who killed or
inflicted physical injuries upon his adversary,
or both combatants in any other cases
2.
Accomplices as seconds
Article 261
CHALLENGING TO A DUEL
Acts punishable:
1. Challenging another to a duel
2. Inciting another to give or accept a
challenge to a duel
3. Scoffing at or decrying another
publicly for having refused to accept a
challenge to fight a duel
Persons liable:
1. Challenger
2. Instigators
* If the challenge is only to fight, without the
challenger having in mind a formal combat to be
agreed upon with the assistance of seconds as
refers
to
any
other
intentional
Article 263
SERIOUS PHYSICAL INJURIES
How Committed
1. Wounding
2. Beating
3. Assaulting
4. Administering injurious substances
* In one case, the accused, while conversing with
the offended party, drew the latters bolo from its
scabbard. The offended party caught hold of the
edge of the blade of his bolo and wounded
himself. It was held that since the accused did
not wound, beat or assault the offended party, he
can not be guilty of serious physical injuries.
What are serious physical injuries:
1.
Injured
person
becomes
insane,
imbecile, impotent or blind
2.
Injured person
a.
loses the use of speech or the power to
hear or to smell, loses an eye, a hand, foot,
arm or leg
b.
loses the use of any such member
c.
becomes incapacitated for the work in
which he had been habitually engaged
3.
Injured person
a.
becomes deformed
b.
c.
d.
4.
Injured
person
becomes
ill
or
incapacitated for labor for more than
30 days (but not more than 90 days)
Notes:
* The crime of physical injuries is a crime of
result because under our laws the crime of
Ortega Notes:
Classification of physical injuries:
(1) Between slight physical injuries and less
serious physical injuries, you have a duration
of one to nine days if slight physical injuries;
or 10 days to 20 days if less serious physical
injuries. Consider the duration of healing and
treatment.
The significant part here is between slight
physical injuries and less serious physical
injuries.
You will consider not only the
healing duration of the injury but also the
The
injury
ugliness;
must
produce
(2)
It must be visible;
(3)
Illustration:
Loss of molar tooth This is not deformity as it
is not visible.
Loss of permanent front tooth This is
deformity as it is visible and permanent.
(2)
Notes:
* The article under consideration does not deal
with a crime. It refers to means of committing
serious physical injuries.
* It is frustrated murder when there is intent to
kill
* Administering means introducing into the
body the substance, thus throwing of the acid in
the face is not contemplated
Article 265
LESS SERIOUS PHYSICAL INJURIES
ELEMENTS:
1. That the offended party is incapacitated
for labor for 10 days or more (but not
more than 30 days), or needs medical
attendance for the same period of time
2.
Notes:
Circumstances qualifying the offense:
a.
when there is manifest intent to insult or
offend the injured person
b.
c.
d.
a.
b.
c.
d.
a.
b.
3. DEATH when
a. homicide is committed
RAPE
ART 266-A
RAPE
The Anti-Rape Law of 1997 (RA 8353) now
classified the crime of rape as Crime Against
Persons incorporated into Title 8 of the RPC
to be known as Chapter 3
ELEMENTS:
Rape is committed
b.
c.
i.
ii.
iii.
iv.
v.
vi.
d.
e.
f.
g.
h.
i.
victim
suffered
permanent
mutilation or disability
j.
k.
physical
3.
4.
5.
6.
Notes:
Illustration:
Daughter accuses her own father of having raped
her.
2.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Article 267
KIDNAPPING
DETENTION
AND
SERIOUS
ILLEGAL
ELEMENTS:
1. Offender is a private individual
2. He kidnaps or detains another, or in
any other manner deprives the latter of
his liberty
3. The act of detention or kidnapping
must be illegal
4. That in the commission of the offense,
any of the following circumstances are
present (becomes serious)
a.
b.
that it is
authority
committed
simulating
public
c.
d.
or
is
subjected
to
torture
or
dehumanizing acts
*
The essence of the offense is the actual
deprivation of the victims liberty coupled with
the intent of the accused to effect it. There must
be indubitable proof that the actual intent of the
malefactor was to deprive the offended party of
liberty.
The restraint however need not be
permanent. (People vs. Godoy, 250 SCRA 676).
Ortega Notes:
When a public officer conspires with a private
person in the commission of any of the crimes
under Title IX, the crime is also one committed
under this title and not under Title II.
Illustration:
If a private person commits the crime of
kidnapping or serious illegal detention, even
though a public officer conspires therein, the
crime cannot be arbitrary detention. As far as
that public officer is concerned, the crime is also
illegal detention.
In the actual essence of the crime, when one says
kidnapping,
this
connotes
the
idea
of
transporting the offended party from one place to
another. When you think illegal detention, it
connotes the idea that one is restrained of his
liberty without necessarily transporting him from
one place to another.
The crime of kidnapping is committed if the
purpose of the offender is to extort ransom either
from the victim or from any other person. But if a
person is transported not for ransom, the crime
can be illegal detention. Usually, the offended
party is brought to a place other than his own, to
detain him there.
When one thinks of kidnapping, it is not only
that of transporting one person from one place to
another. One also has to think of the criminal
intent.
Forcible abduction -- If a woman is transported
from one place to another by virtue of restraining
her of her liberty, and that act is coupled with
lewd designs.
Serious illegal detention If a woman is
transported just to restrain her of her liberty.
There is no lewd design or lewd intent.
(2)
(3)
Article 268
SLIGHT ILLEGAL DETENTION
ELEMENTS:
1. Offender is a private person
2. He kidnaps or detains another or in any
other maner deprives him pof his liberty /
furnished place for the perpetuation of
the crime
3. That the act of detention or kidnapping
must be illegal
4. That the crime is committed without the
attendant of any of the circumstances
enumerated in Art 267
Note: Privileged mitigating circumstances:
If the offender:
a. voluntarily releases the person so
kidnapped or detained within 3 days
from the commencement of the detention
b.
c.
of
criminal
Ortega Notes:
One should know the nature of the illegal
detention to know whether the voluntary release
of the offended party will affect the criminal
liability of the offender.
Article 269
UNLAWFUL ARREST
ELEMENTS:
1. That the offender arrests or detains
another person
2. That the purpose of the offender is to
deliver him to the proper authorities
3. That the arrest or detention is not
authorized by law or there is no
reasonable ground therefor
Notes:
* Offender is any person, so either a public officer
or private individual
Article 270
KIDNAPPING AND FAILURE TO RETURN A
MINOR
ELEMENTS:
1. That the offender is entrusted with
the custody of a minor person
(whether over or under 7 but less than
18 yrs old)
2. That he deliberately fails to restore
the said minor to his parents
* If any of the foregoing elements is absent, the
kidnapping of the minor will then fall under
Article 267.
* If the accused is any of the parents, Article 267
does not apply; Articles 270 and 271 apply.
* If the taking is with the consent of the parents,
the crime in Article 270 is committed.
* In People v. Generosa, it was held that
deliberate failure to return a minor under ones
custody constitutes deprivation of liberty.
Kidnapping and failure to return a minor is
necessarily included in kidnapping and serious
illegal detention of a minor under Article 267(4).
Article 274
SERVICES RENDERED UNDER COMPULSION
IN PAYMENT OF DEBT
ELEMENTS:
1. That the offender compels a debtor to
work for him, either as household
servant or farm laborer.
2. That it is against the debtors will.
3. That the purpose is to require or enforce
the payment of a debt.
Involuntary servitude or service. In this article,
no distinction is made whether the offended is a
minor or an adult.
CRIMES AGAINST SECURITY
Article 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
inhabited place wounded or in danger of
dying, when he can render such
assistance without detriment to himself,
unless such omission shall constitute a
more serious offense
Elements
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.
2. By failing to help or render assistance to
another
whom
the
offender
has
accidentally wounded or injured
3. By failing to deliver a child, under 7
whom the offender has found abandoned,
to the authorities or to his family, or by
failing to take him to a safe place
Article 277
ABANDONMENT OF MINOR BY PERSON
ENTRUSTED
WITH
HIS
CUSTODY;
INDIFFERENCE OF PARENTS
Acts punished:
1. By delivering a minor to a public
institution or other persons w/o consent
of the one who entrusted such minor to
the care of the offender or, in the absence
of that one, without the consent of the
proper authorities
Elements:
a. That the offender has charged of the
rearing or education of a minor.
Article 276
ABANDONING A MINOR
ELEMENTS:
FOR
OTHER
Article 280
QUALIFIED TRESPASS TO DWELLING
ELEMENTS:
1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the latters
will.
Notes:
to
b.
c.
d.
the
Elements
a. That the offender threatens another person
with the infliction upon the latters person,
honor or property, or upon that of the latters
family, of any wrong.
b. That such wrong amounts to a crime.
c. That the threat is not subject to a condition
Article 281
OTHER FORMS OF TRESPASS
ELEMENTS:
1. That the offender enters the closed
premises or the fenced estate of another.
2. That the entrance is made while either of
them is uninhabited.
3. That the prohibition to enter be manifest.
4. That the trespasser has not secured the
permission of the owner or the caretaker
thereof.
Notes:
(1)
(3)
(2)
(4)
(5)
(2)
Article 283
LIGHT THREATS
ELEMENTS:
1. That the offender makes a threat to
commit a wrong.
2. That the wrong does not constitute a
crime.
3. That there is a demand for money or that
other condition is imposed, even though
not unlawful
4. That the offender has attained his
purpose or, that he has not attained his
purpose
* In order to convict a person of the crime of light
threats, the harm threatened must not be in the
nature of crime and there is a demand for money
or any other condition is imposed, even though
lawful
Question & Answer
Blackmailing constitutes what crime?
It is a crime of light threat under Article
283 if there is no threat to publish any libelous
or slanderous matter against the offended party.
If there is such a threat to make a slanderous or
libelous publication against the offended party,
the crime will be one of libel, which is penalized
under Article 356.
For example, a person
threatens to expose the affairs of married man if
the latter does not give him money. There is
intimidation done under a demand.
Article 284
BOND FOR GOOD BEHAVIOR
* The law imposes the penalty of bond for good
behavior only in case of grave and light threats.
If the offender can not post the bond, he will be
banished by way of destierro to prevent him from
carrying out his threat.
* Bond for good behavior means the posting of
bond on the part of the accused in order to
guarantee that he will not molest the offended
party. It is in the nature of an additional penalty.
* Bond to keep peace under Article 35 is
applicable to all cases and is treated as a distinct
penalty. If the sentenced prisoner fails to give the
bond, he shall be detained for a period not
exceeding six months if the crime for which he
was convicted is classified as grave felony or for a
period not exceeding thirty days if convicted for a
light felony.
Article 285
OTHER LIGHT THREATS
ELEMENTS:
1. Person shall threaten another with a
weapon, or draw weapon in a quarrel
unless in self-defense.
2. In the heat of anger, person orally
threatens another with some harm
constituting a crime, without persisting
in the idea involved in the threat.
Subsequent acts did not persist.
3. Person orally threatens another with
harm not constituting a felony.
* In the crime of light threats, there is no demand
for money and the threat made is not planned or
done with deliberate intent. So threats which
would otherwise qualify as grave threats, when
made in the heat of anger or which is a product
of a spur of the moment are generally considered
as light threats.
* Whether it is grave or light threats, the crime is
committed even in the absence of the person to
whom the threat is directed.
Article 286
GRAVE COERCIONS
ELEMENTS:
1. That a person prevented another from
doing something OR not to do something
against his will, be it right or wrong;
2.
Article 288
OTHER SIMILAR COERCIONS
ELEMENTS OF NO. 1
Forcing or compelling, directly or indirectly, or
knowingly permitting the forcing or compelling of
the laborer or employee of the offender to
purchase merchandise of commodities of any kind
from him;
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
Article 289
FORMATION,
MAINTENANCE,
AND
PROHIBITION OF COMBINATION OF CAPITAL
OR
LABOR
THROUGH
VIOLENCE
OR
THREATS
ELEMENTS:
1. That the offender employs violence or
threats, in such a degree as to compel or
force the laborers or employers in the free
and legal exercise of their industry or
work
2. That the purpose is to organize, maintain
or prevent coalitions of capital or labor,
strike of laborers or lockout of employees.
* Peaceful picketing is part of the freedom of
speech and is not covered by this article.
* Preventing employees or laborers from joining
any registered labor organization is punished
under Art. 248 of the Labor Code.
DISCOVERY AND REVELATION OF SECRETS
Article 290
DISCOVERING SECRETS THROUGH SEIZURE
OF CORRESPONDENCE
ELEMENTS:
1. That the offender is a private
individual or even a public officer not
in the exercise of his official
function,
2. That he seizes the papers or letters of
another.
3. That the purpose is to discover the
secrets of such another person.
4. That offender is informed of the
contents or the papers or letters
seized.
Notes:
* This is a crime against the security of ones
papers and effects. The purpose must be to
discover its effects. The act violates the privacy
of communication.
* Not applicable to parents with respect to minor
children
* The last paragraph of Article 290 expressly
makes the provision of the first and second
paragraph thereof inapplicable to parents,
guardians, or persons entrusted with the custody
of minors placed under their care or custody, and
to the spouses with respect to the papers or
letters of either of them. The teachers or other
persons entrusted with the care and education of
minors are included in the exceptions.
In a case decided by the Supreme Court, a
spouse who rummaged and found love letters of
husband to mistress does not commit this crime,
but the letters are inadmissible in evidence
because of unreasonable search and seizure. The
ruling held that the wife should have applied for
a search warrant.
* Contents need not be secret but purpose
prevails
* According to Ortega, it is not necessary that the
offender should actually discover the contents of
the letter. Reyes, citing People v. Singh, CA, 40
OG, Suppl. 5, 35, believes otherwise.
Circumstances qualifying the offense: when
the offender reveals contents of such papers or
letters of another to a 3rd person, the penalty is
higher
Distinction from estafa, damage to property,
and unjust vexation:
SECRETS
WITH
ABUSE
OF
ELEMENTS:
1. That the offender is a manager,
employee or servant.
2. That he learns the secrets of his
principal or master in such capacity.
3. That he reveals such secrets.
* An employee, manager, or servant who came to
know of the secret of his master or principal in
such capacity and reveals the same shall also be
liable regardless of whether or not the principal
or master suffered damages.
* The essence of this crime is that the offender
learned of the secret in the course of his
employment.
He is enjoying a confidential
relation with the employer or master so he should
respect the privacy of matters personal to the
latter.
* If the matter pertains to the business of the
employer or master, damage is necessary and the
agent, employee or servant shall always be liable.
Reason: no one has a right to the personal
privacy of another.
Article 292
REVELATION OF INDUSTRIAL SECRETS
ELEMENTS:
1. That the offender is a person in
charge, employee or workman of a
manufacturing
or
industrial
establishment.
2. That the manufacturing or industrial
establishment has a secret of the
industry which the offender has
learned.
TITLE TEN
CRIMES AGAINST PROPERTY
Crimes against property
1.
Robbery with violence against or
intimidation of persons (Art. 294);
2.
Attempted
and
frustrated
robbery
committed under certain circumstances
(Art. 297);
3.
Execution of deeds by means of violence
or intimidation (Art. 298);
4.
Robbery in an inhabited house or public
building or edifice devoted to worship
(Art. 299);
5.
Robbery in an inhabited place or in a
private building (Art. 302);
6.
Possession of picklocks or similar tools
(Art. 304);
7.
Brigandage (Art. 306);
8.
Aiding and abetting a band of brigands
(Art. 307);
9.
Theft (Art. 308);
10.
Qualified theft (Art. 310);
11.
Theft of the property of the National
Library and National Museum (Art. 311);
12.
Occupation
of
real
property
or
usurpation of real rights in property (Art.
312);
13.
Altering boundaries or landmarks (Art.
313);
14.
Fraudulent insolvency (Art. 314);
15.
Swindling (Art. 315);
16.
Other forms of swindling (Art. 316);
17.
Swindling a minor (Art. 317);
18.
Other deceits (Art. 318);
19.
Removal, sale or pledge of mortgaged
property (Art. 319);
20.
Destructive arson (Art. 320);
21.
Other forms of arson (Art. 321);
22.
Arson of property of small value (Art.
323);
23.
Crimes involving destruction (Art. 324);
24.
25.
26.
27.
28.
29.
Article 293
ROBBERY IN GENERAL
ELEMENTS:
1. That there be personal property
belonging to another.
2. That there is unlawful taking of that
property.
3. That the taking must be with intent
to gain, and
4. That there is violence against or
intimidation of any person, or force
upon anything.
Notes:
ROBBERY This is the taking or personal
property belonging to another, with intent to gain,
by means of violence against, or intimidation of
any person, or using force upon anything.
Two kinds of robbery: 1) robbery with violence
or intimidation and 2) robbery with force upon
things.
Belonging to another person from whom
property was taken need not be the owner, legal
possession is sufficient
* The property must be personal property and
cannot refer to real property.
* Name of the real owner is not essential so long
as the personal property taken does not belong to
the accused except if crime is robbery with
homicide
* The owner of the property may be held liable for
robbery where he forcible takes the property from
the possession of the bailee with intent to charge
the latter with its value. (U. S. vs. Albao, 29
Phil. 86)
* In the absence of any explanation as to how one
has come into possession of stolen effects
must
be
Robbery with
violence
Intent to gain
Immediate
harm
Grave threats
No intent to
gain
Intimidation;
promises some
future harm or
injury
Robbery
X didnt commit crime
but is intimidated to
deprive him of his
property
Deprived of money thru
Grave
coercion
None
Intimidation
(effect)
is
immediate
and offended
party
is
compelled to
do something
against
his
will
(w/n
right
or
wrong)
Bribery
X has committed a
crime
and
gives
money as way to
avoid
arrest
or
prosecution
Giving of money is in
force or intimidation
Neither
c.
Article 295
QUALIFIED ROBBERY WITH VIOLENCE OR
INTIMIDATION
Qualifying circumstances in robbery with
violence or intimidation of persons, if any of the
offenses defined in subdivisions 3, 4 and 5 of Art
294 is committed:
a.
b.
c.
d.
in an uninhabited place or
by a band or
by attacking a moving train, street
car, motor vehicle or airship, or
by
entering
the
passengers
compartments in a train, or in any manner
taking the passengers thereof by surprise in
the respective conveyances, or
e.
Notes:
* Must be alleged in the information
* Cant be offset by generic mitigating
* Art 295 will not apply to: robbery w/ homicide,
rape or SPI under par 1 of art 263
Article 296
ROBBERY BY A BAND
Notes:
BAND is defined as consisting of at least four
armed malefactors organized with the intention of
carrying out any unlawful design. Their
participation in the commission of the crime
must be actual. The offender must be principal
by direct participation, so that, a principal by
inducement cannot be convicted of this crime
where the aggravating circumstance of band shall
be appreciated against him, since the law
requires as a condition to its commission the
actual participation of the offender in the
execution of the crime. In such a case, the
conviction of a principal by inducement will only
be limited to his criminal liability as a coconspirator.
Liability for the acts of the other members of
the band
a. he was a member of the band
b. he was present at the commission of a
robbery by that band
c. other members of the band committed an
assault
d. he did not attempt to prevent the assault
Conspiracy to commit robbery with homicide
even if less than 4 armed men
Conspiracy to commit robbery only but
homicide was committed also on the occasion
thereof all members of the band are liable for
robbery with homicide
* Even if the agreement refers only to the robbery,
nonetheless, where the robbery is committed by a
band and a person is killed, any member who
was present at the commission of the robbery
and who did not do anything to prevent the
Article 298
EXECUTION OF DEEDS BY MEANS OF
VIOLENCE OR INTIMIDATION
ELEMENTS:
1. That the offender has intent to defraud
another.
Article 299
ROBBERY IN AN INHABITED HOUSE OR
PUBLIC BUILDING OR EDIFICE DEVOTED TO
WORSHIP
ELEMENTS:
1. That the offender entered (a) an inhabited
house, or (b) public buildings, or (c)
edifice devoted to religious worship.
2. That the entrance was effected by any of
the following means:
a. Through an opening not intended for entrance
or egress.
b. By breaking any wall, roof, or floor or
breaking any door or window.
c. By using false keys, picklocks or similar tools
or.
d. By using any fictitious name or pretending
the exercise of public authority.
3. That once inside the building, the
offender
took
personal
property
belonging to another with intent to gain.
Notes:
* In this kind of Robbery, no violence or
intimidation against persons is ever used.
1.
2.
closed
Illustration:
A found B inside his (As) house. He asked B
what the latter was doping there. B claimed he is
an inspector from the local city government to
look after the electrical installations. At the time
B was chanced upon by A, he has already
entered. So anything he took inside without
breaking of any sealed or closed receptacle will
not give rise to robbery because the simulation of
public authority was made not in order to enter
but when he has already entered.
P v. Lamahang intent to rob being present is
necessary
Place: house or building; not car
PUBLIC BUILDING every building owned,
rented or used by the government (though owned
by private persons) though temporarily vacant
* Not robbery passing through open door but
getting out of a window
* If accused entered the house through a door,
and it was while escaping that he broke any wall,
floor or window after taking personal property
inside the house there is no Robbery
committed, only Theft.
* Outside door must be broken, smashed. Theft
if lock is merely removed or door was merely
pushed
* Breaking of the door under Article299 (b)
Originally, the interpretation was that in
order that there be a breaking of the door
in contemplation of law, there must be
some damage to the door.
PICKLOCKS specially
commission of robbery
made,
adopted
for
Notes:
* Entrance ( no matter how done)
Article 302
ROBBERY IN AN UNINHABITED PLACE OR IN
A PRIVATE BUILDING
ELEMENTS:
1. That the offender entered an uninhabited
place or a building which was not a
dwelling house, not a public building, or
not an edifice devoted to religious
worship.
2. that any of the following circumstances
was present:
Article 300
ROBBERY IN AN UNINHABITED PLACE AND
BY A BAND
* When the robbery with force upon things is
committed in an uninhabited place and by a band,
the robbery becomes qualified. In the same
manner, where robbery with violence against or
intimidation of persons is committed by a band or
in an uninhabited place, the crime becomes
qualified.
* The place considered uninhabited when it is not
used as a dwelling. It may refer to a building or a
house which is not used as a dwelling.
* If a house is inhabited and its owners or
occupants temporarily left the place to take a
short vacation in another place, their casual
absence will not make the place or house
uninhabited. (U. S. vs. Ventura, 39 Phil. 523)
Article 301
WHAT IS AN INHABITED HOUSE, PUBLIC
BUILDING OR BUILDING DEDICATED TO
RELIGIOUS
WORSHIP
AND
THEIR
DEPENDENCIES
Notes:
Inhabited house Any shelter, ship, or vessel
constituting the dwelling of one or more persons,
a.
Article 303
ROBBERY OF CEREALS, FRUITS OR FIRE
WOOD IN AN UNINHABITED PLACE OR
PRIVATE BUILDING
ROBBERY IN BAND
Only to commit robbery, not
necessarily in hi-way
If the purpose is to commit
a part robbery
Necessary to prove that
band actually committed
robbery
2. Those who
a) having found lost property
b) fail to deliver the same to local authorities
or its owner
Notes:
* Retention of money/property found is theft.
Retention is failure to return (intent to gain)
* The word lost is used in the generic sense. It
embraces loss by stealing or any act of a person
other than the owner, as well as the act of the
c)
Notes:
Theft is consummated when offender is able to
place the thing taken under his control and in
such a situation as he could dispose of it at once
(though no opportunity to dispose) i.e, the
control test
* In the crime of theft, the law makes only of the
term taking and not taking away. The noninclusion of the word away is significant
because it means that as soon as the culprit
takes possession of the things taken by him, the
crime of theft is already consummated since the
law does not require that the thief be able to carry
away the thing taken from the owner. (People vs.
Jaranilla, 55 SCRA 563)
* The consummation of the crime of theft takes
place upon the voluntary and malicious taking of
the property belonging to another which is realized
by the material occupation of the thing. The
property need not be actually taken away by the
thief. It is enough that he has obtained, at some
particular moment, complete control and
possession of the thing desired, adverse to the
right of the lawful owner. (People vs. Naval, 46
O. G. 2641)
P v. Dino applies only in theft of bulky goods
(meaning there has to be capacity to dispose of
the things). Otherwise, P v. Espiritu full
possession is enough
* Servant using car without permission deemed
qualified theft though use was temporary
Reyes says: there must be some character of
permanency in depriving owner of the use of the
object and making himself the owner, therefore
must exclude joyride
Theft: if after custody (only material possession)
of object was given to the accused, it is actually
taken by him (no intent to return) e.g. felonious
conversion. But it is estafa if juridical
possession is transferred e.g., by contract of
bailment
* Juridical possession of a thing is transferred to
another when he receives the thing in trust or on
commission or for administration, or under a
quasi-contract or a contract of bailment. When
property
must
belong
to
Article 310
QUALIFIED THEFT
THEFT IS QUALIFIED WHEN:
1. Committed by domestic servant, or
2. With grave abuse of confidence, or
3. Property stolen is:
a. motor vehicle
b. mail matter
c. large cattle
d. coconut from plantation
and
1.
2.
3.
CULPABLE INSOLVENCY
Article 314
FRAUDULENT
insolvency)
INSOLVENCY
(culpable
ELEMENTS
1. That the offender is a debtor; that is, he
was obligations due and payable.
2. That he absconds with his property.
3. That there be prejudice to his creditors.
* To be liable for fraudulent insolvency, the
disposal of the merchandise must be done with
malice. The mere circumstance that a person has
disposed of his merchandise by removing them
from the place where they were kept would
necessarily imply fraud. What is required is
actual prejudice to the creditor. The intention of
the accused alone is not enough. (People vs.
Guzman, C. A. 40 O. G. 2655)
* The law does not require the offender to be a
merchant. The law says any person, and this
refers to anyone who becomes a debtor and
performs the acts made punishable by the law.
* The property which the offender may abscond
which consists of both real and personal
property. (People vs. Chong Chuy Lingobo, 45
Phil. 372)
* The law on fraudulent insolvency is different
from the Insolvency Law. For the Insolvency Law
j.
Notes:
Unfaithfulness or Abuse of Confidence
a. by altering the substance
b. existing obligation to deliver even if it is
not a subject of lawful commerce
c. thing delivered has not been fully or
partially paid for not estafa
d. no agreement as to quality No estafa if
delivery is unsatisfactory
By misappropriating and converting
a. thing is received by offender under
transactions
transferring
juridical
possession, not ownership
b. under PD 115 (Trust Receipts Law)
failure to turn over to the bank the
proceeds of the sale of the goods covered
by TR Estafa
c. same thing received must be returned
otherwise estafa; sale on credit by agency
when it was to be sold for cash estafa
d. Estafa not affected by Novation of
Contract because it is a public offense
e. Novation must take place before criminal
liability was incurred or perhaps prior to
the filing of the criminal information in
court by state prosecutors
f. Misappropriating to take something
for ones own benefit
g. Converting act of using or disposing of
anothers property as if it was ones own;
thing has been devoted for a purpose or
use different from that agreed upon
h. There must be prejudice to another not
necessary that offender should obtain
gain
* There is no estafa through negligence. There is
likewise no estafa where the accused did not
personally
profit
or
gain
from
the
misappropriation.
i.
MALVERSATION
offenders are entrusted
with funds or property
and
are
continuing
offenses
Funds: public funds or
property
Offender:
public officer
accountable for public
funds
Committed
by
appropriating, taking,
misappropriating
of
It does not
purpose of
guarantee a
obligation
paragraph
mere
reason, ordered
payment.
the
bank
to
stop
(2)
(3)
(4)
2.
b.
a.
personally
INFIDELITY IN THE
CUSTODY OF DOCUMENTS
Public officer entrusted
No intent to defraud
3. That
there
must
be
express
representation by the offender that the
real property is free from encumbrance.
4. That the act of disposing of the real
property be made to the damage of
another.
* In Saddul Jr. v. CA, 192 SCRA 277, it was
held that the act of using or disposing of anothers
property as if it were ones own, or of devoting it to
a purpose or use different from that agreed upon,
is a misappropriation and conversion to the
prejudice of the owner.
Conversion is
unauthorized assumption an exercise of the right
of ownership over goods and chattels belonging to
another, resulting in the alteration of their
condition or exclusion of the owners rights.
P. ELEMENTS OF SWINDLING (PAR.3) BY
WRONGFULLY TAKING BY THE OWNER HIS
PERSONAL FROM ITS LAWFUL POSSESSOR:
(316)
1. That the offender is the owner of
personal property.
2. That said personal property is in the
lawful possession of another.
3. That the offender wrongfully takes it
from its lawful possessor.
4. That prejudice is thereby caused to the
possessor or third person.
Under paragraph 4 by executing any fictitious
contract to the prejudice of another
Under paragraph 5 by accepting any
compensation for services not rendered or for
labor not performed
Q. ELEMENTS OF SWINDLING (PAR. 6) BY
SELLING, MORTGAGING OR ENCUMBERING
REAL PROPERTY OR PROPERTIES WITH
WHICH THE OFFENDER GUARANTEED THE
FULFILLMENT OF HIS OBLIGATION AS
SURETY: (316)
1. That the offender is a surety in a bond
given in a criminal or civil action.
2. That he guaranteed the fulfillment of
such obligation with his real property or
properties.
3. That he sells, mortgages, or, in any other
manner encumbers said real property.
4. That such sale, mortage or encumbrance
is (a) without express authority from the
court, or (b) made before the cancellation
3.
B. KNOWINGLY
REMOVING
MORTGAGED
PERSONAL PROPERTY
ELEMENTS:
1. that personal property is mortgaged under the
chattel mortage law.
2. That the offender knows that such property is
so mortaged.
3. 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.
4. that the removal is permanent.
5. That there is no written consent of the
mortgagee or his executors, administration or
assigns to such removal.
* It would be the mortgagor who is made liable if
the personal property is transferred to the
prohibited place. The liability extends to third
persons who shall knowingly remove the
mortgaged to another city or province.
* If the chattel mortgage is not registered, there is
no violation of Article 319
g.
h.
C. ELEMENTS
OF
BURNING
ONES
PROPERTY AS A MEANS TO COMMIT
ARSON
1. That the offender set fire to or destroyed his
own property
2. That the purpose of the offender in doing so
was to commit arson or to cause a great
destruction
3. That the property belonging to another was
burned or destroyed
D. ELEMENTS OF ARSON
1. That the property burned is the exclusive
property of the offender
2. That (a) the purpose of the offender is burning
it is to defraud or cause damage to another or
(b) prejudice is actually caused, or (c) the thing
burned is a building in an inhabited place
Palattao notes:
Arson is defined as the intentional or malicious
destruction of a property by fire.
Legal effect if death results from arson.
The crime committed is still arson. Death is
absorbed in the crime of arson but the penalty to
be imposed ranges from reclusion perpetua to
death. (Sec. 5, P.D. No. 1613)
How arson is established.
Arson is established by proving the corpus delicti,
usually in the form of circumstancial evidence
such as the criminal agency, meaning the
substance used, like gasoline, kerosene or other
form of bustible materials which caused the fire.
It can also be in the form of electrical wires,
mechanical, chemical or electronic contrivance
designed to start a fire; ashes or traces of such
objects which are found in the ruins of the
burned premises.
Notes:
* If the crime of arson was employed by the
offender as a means to kill the offended
party, the crime committed is murder. The
burning of the property as the means to kill
the victim is what is contemplated by the
word fire under Article 248 which qualifies
(ascendants
b.
c.
concubine/paramour (spouse)
by
against chastity
Adultery (Art. 333);
Concubinage (Art. 334);
Acts of lasciviousness (Art. 336);
Qualified seduction (Art. 337);
Simple seduction (Art. 338);
Acts of lasciviousness with the consent of
the offended party (Art. 339);
Corruption of minors (Art. 340);
White slave trade (Art. 341);
Forcible abduction (Art. 342);
Consented abduction (Art. 343).
Article 334
CONCUBINAGE
ELEMENTS:
1. That the man must be married.
2. That he committed any of the following
acts:
a. Keeping a mistress in the conjugal dwelling.
b. Having
sexual
intercourse
under
scandalous circumstances with a woman
who is not his wife.
c.
Cohabiting with her in any other place.
3. That as regards the woman she must
know him to be married.
another
1.
party
is
2.
Article 338
SIMPLE SEDUCTION
ELEMENTS:
1. That the offended party is over 12 and
under 18 years of age.
2. That she must be of good reputation,
single or widow.
3. That the offender has sexual intercourse
with her.
4. That it is committed by means of deceit.
* Deceit generally takes the form of unfulfilled
promise to marry. The promise of marriage must
serve as the inducement. The woman must yield
on account of the promise of marriage or other
forms of inducement. (People vs. Hernandez, 29
Phil. 109)
* Where the accused failed to have sex with this
sweetheart over twelve (12) but below eighteen
(18) years old because the latter refused as they
were not yet married, and the accused procured
the performance of a fictitious marriage
ceremony because of which the girlfriend yielded,
he is guilty of Simple Seduction.
(U.S. vs.
Hernandez, 29 Phil. 109). Here, there was
deceit employed. This act may now be considered
Rape under R.A. 8353, Sec. 2 par. 6.
* A promise of material things in exchange for the
womans surrender of her virtue does not
constitute deceit.
* If a woman under 18 years of age but over 12
agrees to a sexual intercourse with a man who
promised her precious jewelries but the man
reneges on his promise, there is no seduction
that the woman is of loose morals. (Luis B. Reyes)
Promise of marriage must precede sexual
intercourse.
> A promise of marriage made by the accused
after sexual intercourse had taken place, or after
the woman had yielded her body to the man by
mutual consent will not render the man liable for
simple seduction.
Article 339
ACTS OF LASCIVIOUSNESS WITH THE
CONSENT OF THE OFFENDED PARTY
ELEMENTS:
1. that the offender commits acts of
lasciviousness or lewdness.
2. That the acts are committed upon a
woman who is virgin or single or widow
of good reputation, under 18 years of age
but over 12 years, or a sister or
descendant regardless of her reputation
or age.
3. that the offender accomplishes the acts
by abuse of authority, confidence,
relationship, or deceit.
* When the acts of lasciviousness is committed
with the use of force or intimidation or when the
offended party is under 12 years of age, the
object of the crime can either be a woman or a
man.
* Where the acts of the offender were limited to
acts of lewdness or lasciviousness, and no carnal
knowledge was had; but had there been sexual
intercourse, the offense would have been
Seduction, he is guilty of Acts of Lasciviousness
under this article.
* The crime of acts of lasciviousness under Article
339 is one that is done with the consent of the
offended party who is always a woman. The lewd
acts committed against her is with her consent
only because the offender took advantage of his
authority, or there was abuse of confidence, or
the employment of deceit, or the offender is
related to the victim.
* In the commission of the acts of lasciviousness
either by force or intimidation, or with the
consent of the offended party, there must be no
sexual intercourse, or the acts performed are short
of sexual intercourse. In the first situation, the
crime would either be qualified seduction or
simple seduction if the offender succeeds in
offended party
by her parents
grandparents
guardians in the order in which they
are named above
1.
Article 345
CIVIL LIABILITY OF PERSONS GUILTY OF
RAPE, SEDUCTION OR ABDUCTION
1. To idemnify the offended women
2. To acknowledge the offspring, unless the
law should prevent him from doing so
3. In every case to support the offspring
* The civil liability of the adulterer and the
concubine is limited to indemnity for damages
caused to the offended spouse. The law does not
mention the adulteress in the crime of adultery
such that only the adulterer shall be held civilly
liable.
* There is likewise no mention of the offender in
the crime of acts of lasciviousness, as being held
liable for civil damages under Article 345, the law
only mentioned the crimes of rape, seduction and
abduction.
* Under Article 2219 of the Civil Code, moral
damages may be recovered in seduction,
abduction, rape or other lascivious acts. The
crimes of adultery and concubinage are also
included.
* In the crimes of rape, abduction and seduction,
if the offended woman had given birth to the
child, among the liabilities of the offender is to
support the child. This obligation to support the
child may be true even if there are several
offenders.
As to whether all of them will
acknowledge the child, that is a different
question because the obligation to support here
is not founded on civil law but is the result of a
criminal act or a form of punishment.
* It has been held that where the woman was the
victim of the said crime could not possibly
conceive anymore, the trial court should not
provide in its sentence that the accused, in case
a child is born, should support the child. This
should only be proper when there is a probability
that the offended woman could give birth to an
offspring.
Article 346
LIABILITY
OF
ASCENDANTS,
OTHER
PERSONS ENTRUSTED WITH CUSTODY OF
OFFENDED PARTY WHO BY ABUSE OF
AUTHORITY
OR
CONFIDENCE
SHALL
COOPERATE AS ACCOMPLIES
TITLE TWELVE
CRIMES AGAINST THE CIVIL STATUS OF
PERSONS
Crimes against the civil status of persons
Article 348
USURPATION OF CIVIL STATUS
Committed by a person who represents
himself as another and assumes the
filiation or rights pertaining to such person
Notes:
* There must be criminal intent to enjoy the civil
rights of another by the offender knowing he is
not entitled thereto
* The term "civil status" includes one's public
station, or the rights, duties, capacities and
incapacities which determine a person to a given
class.
It seems that the term "civil status"
includes one's profession.
between
bigamy
and
illegal
b.
Notes:
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
Character of the words used to make it
defamatory.
Words calculated to induce suspicion are more
effective in destroying reputation than false
charges directly made. Ironical and metaphorical
language is a favored vehicle for slander. A charge
of
malice
is
rebutted
by
4.
of
defamatory
article
is
2.
Perjury
-false
accusation
made under oath
Newsweek v IAC
Newsweek portrayed the island province of
Negros Occidental as a place dominated by big
landowners. Plaintiffs are associations of
sugarcane planters. HELD: Dismissed. To
maintain a libel suit, the specific victim must be
identifiable. Defamatory remarks directed at a
group of persons are not actionable unless the
statements are all-embracing or sufficiently
specific for victim to be identifiable. An action for
libel allegedly directed against a group of sugar
planters cannot be done by resort to filing a class
suit as each victim has his specific reputation to
protect. In this case, each of the plaintiffs has a
separate and distinct reputation in the
community.
Rule regarding Public Officers:
Defamatory remarks and comments on
the conduct or acts of public officers which are
related to the discharge of their official duties will
not constitute libel if the accused proves the
truth of the imputation. But any attack upon the
private character of the public officers on matters
which are not related to the discharge of their
official functions may constitute Libel.
* Where malice cannot be inferred from false
defamatory statements, the ruling appears to be
the true only if the offended party is a
government employee, with respect to facts
related to the discharge of his official duties. With
his jurisprudence, it should now be emphasized
that actual malice is now required to be proven.
It is enough to rely on presumed malice in libel
cases involving a public official or public figure.
* Malice is now understood to mean publication
with knowledge of falsehood or reckless disregard
of the statements veracity. The burden of proof
has not only been shifted to the plaintiff in libel,
is
Article354
REQUIREMENT OF PUBLICITY
Kinds of privileged communication
a. ABSOLUTELY
PRIVILEGED
not
actionable even if the actor has acted in
bad faith
b. QUALIFIEDLY PRIVILEGED those which
although
containing
defamatory
imputations could not be actionable unless
made with malice or bad faith
* When the defamatory imputation comes under
the
criteria
of
an
absolute
privileged
communication, the presumption of malice under
Article 354 has no application.
* The presumption of malice, however, comes into
play when the defamatory statement is a
conditional
or
qualified
privileged
communication. To overcome this presumption of
malice in law, the defamer must prove during the
proceeding that the defamatory imputation was
committed because of a legal, moral or social
duty.
* Privileged communication as categorized in this
discussion is a matter of defense. It is not a
ground for a motion to quash after the
arraignment of the accused. (See Mercado vs.
CFI of Rizal, 116 SCRA 93). If after the
prosecution has presented its evidence, it
becomes evident that the defamatory statement
was made by the accused because of a legal,
moral or social duty, then the accused can file a
demurrer to evidence, as in the meantime, there
is absence of malice in law which is presumed in
all defamatory imputations.
GENERAL RULE: Every defamatory imputation is
presumed malicious even if it be true, if no good
intention and justifiable motive for making it is
shown
EXCEPTION:
a. private
communication
in
performance of legal, moral or social
duty
Requisites
1. that
the
person
who
made
the
communication had a legal, moral or social
duty to make the communication or at
least he had an interest to be upheld
2. that the communication is addressed to an
officer or a board, or superior, having some
interest or duty on the matter
Article 355
LIBEL BY MEANS OF WRITING OR SIMILAR
MEANS
A libel
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Photograph;
Painting;
Theatrical exhibition;
Cinematographic exhibition; or
Any similar means.
Article 356
THREATENING TO PUBLISH LIBEL AND
OFFER TO PREVENT SUCH PUBLICATION FOR
A COMPENSATION
Acts punished
1.
Threatening another to publish a libel
concerning him, or his parents, spouse,
child, or other members of his family;
2.
Offering to prevent the publication of
such libel for compensation or money
consideration.
* It involves the unlawful extortion of money by
appealing to the fear of the victim, through
threats
of
accusation
or
exposure.
It
contemplates of two offenses: a threat to
establish a libel and an offer to prevent such
publication. The gravamen of the crime is the
intent to extort money or other things of value.
Blackmail In its metaphorical sense, blackmail
may be defined as any unlawful extortion of
money by threats of accusation or exposure. Two
words are expressive of the crime hush money.
(US v. Eguia, et al., 38 Phil. 857) Blackmail
is possible in (1) light threats under Article 283;
and (2) threatening to publish, or offering to
prevent the publication of, a libel for compensation,
under Article 356.
Article 357
PROHIBITED
PUBLICATION
OF
ACTS
REFERRED TO IN THE COURSE OF OFFICIAL
PROCEEDINGS
ELEMENTS:
1. That the offender is a reporter, editor or
manager of a newspaper, daily or
magazine.
Article 358
ORAL DEFAMATION / SLANDER
Two Kinds of Oral Defamation:
1. action of a serious and insulting nature
(Grave slander)
2. light insult or defamation not serious in
nature (simple slander)
Article 359
SLANDER BY DEED
ELEMENTS:
1. That the offender performs any act not
included in any other crime against
honor.
2. That such act is performed in the
presence of other person or persons.
3. That such act casts dishonor, discredit or
contempt upon the offended party.
Notes:
2.
Unjust
Vexation-irritation
annoyance/anything
that
annoys
irritates without justification.
or
or
Article 360
PERSONS RESPONSIBLE FOR LIBEL
Who are liable:
a. person who publishes, exhibits or causes
the publication or exhibition of any
defamation
in
writing
or
similar
means(par.1)
b. author or editor of a book or pamphlet
c. editor or business manager of a daily
newspaper
magazine
or
serial
publication(par.2)
d. owner of the printing plant which
publishes a libelous article with his
consent and all other persons who in any
way participate in or have connection
with its publication (US v Ortiz)
* A defamatory statement by itself is not a crime.
It is the undue publication of the defamatory
imputation which makes it a crime. It is therefore
in this concept that proprietors and editors of
periodicals are also made responsible for the
appearance of defamatory matters in any
newspaper under their management.
Venue of criminal and civil action for damages
in cases of written defamation:
a. where the libelous article is printed and 1 st
published OR
b. where any of the offended parties actually
resides at the time of the commission of
the offense
* Libel cases are within the original and exclusive
jurisdiction of the Regional Trial Courts. Inferior
courts have no jurisdiction to try written
defamation. (People vs. Hechanova, 54 SCRA
101)
Where one of the offended parties is a public
officer:
a. if his office is in the City of Manila
- RTC of Manila OR
- city/province where the article is printed
and 1st published
b. Otherwise
- RTC of the city/province where he held
office at the time of offense OR
- where the article is 1st published
Soriano v IAC
> The Philippines follows the multiple
publication rule which means that every time
the same written matter is communicated, such
communication is considered a distinct and
separate publication of libel.
Article 362
LIBELOUS REMARKS
Article 361
PROOF OF THE TRUTH
Admissible when:
a. the act or omission imputed
constitutes a crime regardless of whether
the offended party is a private individual
or a public officer
INCRIMINATORY MACHINATIONS
Article363
INCRIMINATING INNOCENT PERSON
ELEMENTS:
1. That the offender performs an act.
2. That
by
such
act
he
directly
incriminates or imputes to an innocent
person the commission of a crime.
3. That such act does not constitute
perjury.
Two Kinds:
a. making a statement which is
b i. defamatory or
ii. perjurious (if made under oath and is
false)
b. planting evidence
Note: article is limited to planting evidence and
the like
* This crime cannot be committed through verbal
incriminatory statements. It is defined as an act
and, therefore, to commit this crime, more than a
mere utterance is required.
* If the incriminating machination is made orally,
the crime may be slander or oral defamation.
* If the incriminatory machination was made in
writing and under oath, the crime may be perjury
if there is a willful falsity of the statements made.
has
no
Buearano v CA
> Conviction of the accused in the charge of
slight and less serious physical injuries through
reckless imprudence constitutes double jeopardy
to the charge of the crime of damage to property
through reckless imprudence.
* Since this is the mode of incurring criminal
liability, if there is only one carelessness, even if
there are several results, the accused may only be
prosecuted under one count for the criminal
negligence.
So there would only be one
information to be filed, even if the negligence may
bring about resulting injuries which are slight.