With

good will render service, as to the Lord, and not to men ~ Ephesians 6:7
Infanticide
1. That a child was
killed;

Parricide
1. That a person is
killed;

Murder
1. That a person was killed;

Homicide
1. That a person was killed;

2. That the accused

killed the child.

2. That the deceased is

killed by the
accused;
3. That the deceased
is:
a. father, mother,
or
b. child, whether
l eg i tim a te o r
i ll egi tim a te
c. legitimate other
ascendant or
other
descendant, or
d. legitimate spouse
of the accused

2. That the accused killed him;

2. That the accused killed him

without any justifying
circumstances;
3. That the accused had the
intention to kill, which is
presumed; and

3. That the deceased

child was less than
three days (72
hours) of age; and

3. That the killing was attended by any of the

following qualifying circumstances:
a. with treachery, taking advantage of superior
strength, with the aid of armed men, or
employing means to weaken the defense or of
means or persons to insure or afford impunity,
b. in consideration of price, reward or promise,
c. by means of inundation, fire, poison, explosion,
shipwreck, stranding of vessel, derailment or
assault upon a railroad, fall of an airship, by
means of motor vehicles or with the use of any
other means involving great waste or ruin,
d. on occasion of any of the calamities enumerated
in the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone,
epidemic or any other public calamity,
e. with evident premeditation, or
f. with cruelty, by deliberately and inhumanly
augmenting the suffering of the victim or
outraging or scoffing at his person or corpse;
4. The killing is not parricide or infanticide.

Infanticide
1. Could sustain an independent Life, after its separation from the
maternal womb
2. Child is killed

CRIMINAL LAW II FINAL EXAMS (2012-2013)

4. That the killing was not attended

by any of the qualifying
circumstances of murder, or by
that of parricide or infanticide.

Abortion
1. Did not have its own life, independently of the mother; could not
subsist by itself, outside the maternal womb. (Less than or around 6
months old.)
2. Child is killed.

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With good will render service, as to the Lord, and not to men ~ Ephesians 6:7
Discharge of Firearm
1. That the offender discharges a firearm
against or at another person; and
2. That the offender has no intention to kill that
person.

Frustrated Homicide
1. The victim sustained fatal or mortal wound/s
but did not die because of timely medical
assistance;
2. The accused intended to kill his victim;

Physical Injuries
1. The victim sustained physical injuries

2. The accused had no intent to kill

3. None of the qualifying circumstance for

murder under Article 248 RPC is present

1.
2.
3.
4.

Death caused in a tumultuous affray.

That there be several persons;
That they did not compose groups organized for the common purpose
of assaulting and attacking each other reciprocally;
That these several persons quarreled and assaulted one another in a
confused and tumultuous manner;
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.
Intentional Abortion
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.

Physical injuries inflicted in a tumultuous affray.

1. That there is a tumultuous affray as referred to in the preceding
article;

2. That a participant or some participants thereof suffers serious physical

injuries or physical injuries of a less serious nature only;
3. That the person responsible therefor cannot be identified; and
4. That all those who appear to have used violence upon the person of
the offended party are known

Abortion practiced by the woman herself or by

her parents.
1. That there is a pregnant woman;
1. That there is a pregnant woman who has
suffered an abortion;
2. That violence is used upon such pregnant
2. That the abortion is caused by
woman without intending an abortion;
a. the pregnant woman herself
b. any other person, with her consent,
c. any of her parents, with her consent for
3. That as a result of the violence the fetus
the purpose of concealing her dishonor.
dies, either in the womb or after having been
expelled therefrom.

CRIMINAL LAW II FINAL EXAMS (2012-2013)

Unintentional Abortion

4. the violence is intentionally exerted;

3. That the abortion is intended;

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With good will render service, as to the Lord, and not to men ~ Ephesians 6:7
Mutilation

1. There must be
castration, that
is, mutilation of
organs necessary
for generation,
such as the penis
or ovarium;
2. The mutilation is
caused purposely
and deliberately,
that is, to deprive
the offended
party of some
essential organ
for reproduction.

Administering
injurious substances
or beverages.
1. The offender
inflicted upon
another any
serious physical
injury;

2. It was done by
knowingly
administering to
him any injurious
substance or
beverage by
taking advantage
of his weakness of
mind or credulity;
3. He had no intent
to kill.

Serious physical injuries.

When the injured person becomes

insane, imbecile, impotent or blind in
consequence of the physical injuries
inflicted.

Less serious physical

injuries.
1. Any person who
shall inflict upon
another physical
injuries not
described in the
preceding articles

When the injured person

a. Loses the use of speech or the power
to hear or to smell, or loses an eye, a
hand, a foot, an arm, or a leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in
which he was therefore habitually
engaged, in consequence of the
physical injuries inflicted;
When the person injured:
a. Becomes deformed; or
b. Loses any other member of his body;
or
c. Loses the use thereof; or
d. Becomes ill or incapacitated for the
performance of the work in which he
was habitually engaged for more than
90 days in consequence of the
physical injuries inflicted;
When the injured person becomes ill or
incapacitated for labor for more than 30
days (but must not be more than 90
days), as a result of the physical injuries
inflicted.

CRIMINAL LAW II FINAL EXAMS (2012-2013)

Slight physical injuries and

maltreatment.
1. Ill-treat Another by
deed without causing
any injury.

2. Physical injuries which

do not prevent the
offended party from
engaging in his habitual
work nor require
medical assistance

2. Shall incapacitate
the offended party
for labor for ten
days or more, or
shall require
medical assistance
for the same period

3. Physical injuries which

shall incapacitate the
offended party for
labor from one to nine
days, or shall require
medical attendance
during the same period

Gutierrez Tan

With good will render service, as to the Lord, and not to men ~ Ephesians 6:7
Maltreatment
1. Any physical violence which does not produce injury (such as slapping
the face of the party).
2. May or may not be done in the presence of others.
3. Without causing dishonour

Robbery with Violence or

Intimidation

Occupation of Real Property

or Usurpation of Real Rights

Slander by Deed
1. That the offender performs any act not included in any other crime
against honor (such as slapping the face of the party).
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.

1. That there be (1)

personal property (2)
belonging to another;

1. That the offender takes

possession of any real
property or usurps any
real rights in property.

Estafa by wrongfully
taking by the owner his
personal property from
its lawful possessor
1. That property is in
the lawful
possession of
another.

2. That there is (3)

unlawful taking of that
property;

2. That the real property or

real rights belong to
another

2. That the offender is

the owner of
personal property

3. That the taking must be

(4) with intent to gain;
and

3. That there is intent to

gain.

4. That there is (5) violence

against or intimidation
of any person.

4. That violence against or

intimidation of persons
is used by the offender
in occupying real
property or usurping
real rights in property.

3. That prejudice is
thereby cause to the
possessor or third
person
4. That the offender
wrongfully takes it
from its lawful
possessor [without
violence or
intimidation]

CRIMINAL LAW II FINAL EXAMS (2012-2013)

Execution of deeds by
means of Violence or
Intimidation
2. That the offender
compels him to
sign, execute or
deliver any public
instrument or
document.

4. That the offender

has intent to
defraud another.
5. That the
compulsion is by
means of violence
or intimidation.

Grave Coercion

1. That a person prevented

another from doing something
not prohibited by law, or that he
compelled him to do something
against his will, be it right or
wrong;
3. That the person that restrained
the will and liberty by another
had not the authority of law or
the right to do so, or, in other
words, that the restraint shall
not be made under authority of
law or in the exercise of any
lawful right.
*Absence of intent to gain.

3. That the prevention or

compulsion be effected by
violence, threats or intimidation;

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With good will render service, as to the Lord, and not to men ~ Ephesians 6:7
Robbery in General
1. Anyone who appropriates something through
force or intimidation.
2. Unlawful taking

Occupation of Real Property or Usurpation of

Real Rights
1. Real property or real rights belong to
another
2. Takes possession of any real property or
usurps any real rights in property
3. With intent to gain
4. violence against or intimidation of
persons is used to occupy or usurp.

Estafa
1. A private individual who appropriates or
misappropriates something
2. Taking was lawful, the unlawful
misappropriation was subsequent to taking
Robbery in General

Theft

1. That there be personal property

2. belonging to another
3. unlawful taking of that property

1. Taking of personal property

2. Belongs to another
3. Without consent of the owner

4. with intent to gain

5. there is violence against or intimidation of
any person.

4. With intent to gain

5. Taking accomplished without the use of
violence against or intimidation of persons or
force upon things.

Robbery in General
1. Victim DID NOT commit a crime when he is intimidated with arrest
and/or prosecution to deprive him of his personal property.
2. Victim is deprived of his money or property by force or intimidation.

Bribery
1. Victim HAS committed a crime and gives money or gift to avoid arrest
or prosecution.
2. Victim parts with his money or property in a sense voluntarily.

Robbery with Intimidation

1.
2.
3.
4.

Malversation
1. A public officer in his official capacity who
appropriates or misappropriates something
2. Taking was lawful, the unlawful
misappropriation was subsequent to taking

Purpose is to Gain.
Gain is immediate
Intimidation is actual and immediate
Intimidation is directed only to the person of the victim

Attempted Robbery with Force upon Things (Entrance)

1. Force is used to enter.
2. Intent to rob

CRIMINAL LAW II FINAL EXAMS (2012-2013)

Threats to Extort Money

1.
2.
3.
4.

Purpose is to Gain.
Gain is not immediate.
Intimidation is Conditional and Future
Intimidation may refer to the person, honor, or property of the
offended party or that of his family.

Attempted Trespass to Dwelling

1. Force is used to enter.
2. No such intent.

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With good will render service, as to the Lord, and not to men ~ Ephesians 6:7
Robbery with Force upon things
(Taking away a receptacle)
1. Locked Receptacle is taken
2. Intends to open it by force outside
3. Intent to gain

Estafa
1. Locked Receptacle is confided into his
custody
2. Opens it by force
3. Takes the contents therein

Theft

Theft
1. Locked Receptacle is found on the street
2. Opens it by force
3. Takes the contents therein.
Estafa

1. Acquires Material Possession

2. Upon delivery of the thing, the owner expects immediate return.

1. Acquires Juridical Possession

2. No expectation of immediate return but under obligation or
agreement to return it or keep it safe for some time.

Brigandage
1. There be at least four armed persons
2. They formed a band of robbers
3. The purpose is any of the following:
a. To commit robbery in the highway; or
b. To kidnap persons for the purpose of extortion or to obtain
ransom; or
c. To attain by means of force and violence any other purpose.
*Mere formation of a band for any of the purposes mentioned is
sufficient.

Robbery in a Band
1. There be at least four armed persons
2. They formed a band of robbers
3. The purpose is only to commit robbery, not necessarily in the highway.

Qualified Theft
1. Motor vehicle is taken with intent to gain
2. Purpose is to acquire for himself; subject to
his dominion; or disposing it for gain or profit

*Band was have actually committed robbery.

Arson
1. Motor vehicle is taken to prevent or delay
immediate discovery
2. Purpose is to damage or destroy it.

Occupation of Real Property or Usurpation of Real Rights

1. Offender is not the owner
2. Offended party was the owner or possessor
3. Violence or intimidation was used to take possession of the land

CRIMINAL LAW II FINAL EXAMS (2012-2013)

Estafa
1. Motor Vehicle is subsequently sold.
2. Motor Vehicle was entrusted to him by its
owner.
Grave Coercion

1. Offender is the owner

2. Offended party was mere possessor
3. Violence or intimidation was used to take possession of the land

Gutierrez Tan

With good will render service, as to the Lord, and not to men ~ Ephesians 6:7
Estafa with Unfaithfulness
1. That the offender has an onerous obligation to DELIVER something of
value
2. That he alters its substance, quantity, or quality
3. That damage or prejudice is caused to another

1.
2.
3.
4.
5.

Estafa with Abuse of Confidence

Entrusted with funds or property
Continuing offense
Funds or Property are Private
Offender is Private Individual or Public Officer in his private capacity
Committed by Misappropriating, Converting, or denying having
received.

Estafa by removing, concealing or destroying, in

whole or in part, any court record, office files,
document or any other papers.
*Offender is a private individual or a public
officer not entrusted with custody
1. That there be court record, office files,
documents or any other papers
3. That the offender removed, concealed, or
destroyed any of them

Estafa by altering the quality, fineness or weight of anything pertaining to

his art or business.
1. The item pertains to his art or business.
2. That he alters its substance, quantity, or quality
3. That damage or prejudice is caused to another

1.
2.
3.
4.
5.

Malversation
Entrusted with funds or property
Continuing offense
Funds or Property are usually public
Offender is Public Officer accountable for public funds or property
Committed by Appropriating, taking or Misappropriating or
consenting, or through abandonment or negligence, permitting any
other person to take the public funds or property. Converting, or
denying having received.

Infidelity in the custody of documents (Removal,

concealment or destruction of documents)
1. That the offender is a public officer
2. That the said documents or papers should
have been entrusted to such public officer by
reason of his office.
3. That he abstracts, destroys, or conceals
documents or papers

4. That the offender had intent to defraud

another

*Intent to defraud is not required

*Damage results

4. That damage, whether serious or not, to a

third party or to the public interest should
have been caused.

CRIMINAL LAW II FINAL EXAMS (2012-2013)

Malicious Mischief

*Offender is a private individual or a public

officer in his private capacity
*Any property

1. That the act of damaging anothers property

be committed merely for the sake of
damaging it.
2. That the act of damaging anothers property
be committed merely for the sake of
damaging it. (hate, revenge or evil motive)
3. That such act does not constitute arson or
other crimes involving destruction.

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With good will render service, as to the Lord, and not to men ~ Ephesians 6:7

Estafa by postdating a check or issuing a check in payment of an obligation

1. That the offender postdated a check, or issued a check in payment of
an obligation

2. That such postdating or issuing a check was done when the offender
had no funds in the bank, or his funds deposited therein were not
sufficient to cover the amount of the check

*Knowledge is immaterial. Mere fact of issuing a check when he had

insufficient funds is punished
**Prima facie evidence: failure to pay the holder or deposit necessary
amount within 3 days from receipt of notice of dishonour or insufficiency
of funds.
***Deceit is an element
****Damage is an element; basis of penalty

1.
2.
3.
4.

Estafa by taking undue advantage of the

signature of the offended party in blank
Offended party personally signs the document
Document was in blank when it was signed
Signed document in blank was delivered to the offender
Damage is caused the offended party or a third person

Estafa by conveying, selling, encumbering, or mortgaging any real

property, pretending to be the owner of the same
1. That the thing be immovable, such as a parcel of land or a building
2. That the offender should have executed an act of ownership (selling,
leasing, encumbering or mortgaging the real property).

CRIMINAL LAW II FINAL EXAMS (2012-2013)

Bouncing Check Law (B.P. blg 22)

1. That a person makes or draws and issues any check.
2. That the check is made or drawn and issued to apply on account or for
value.
3. That the person who makes or draws and issues the check knows at
the time of issue that he does not have sufficient funds in or credit
with the drawee bank for the payment of such check in full upon its
presentment.
4. That the check is subsequently dishonored by the drawee bank for
insufficiency of funds or credit, or would have been dishonored for the
same reason had not the drawer, without any valid reason, ordered
the bank to stop payment.
*Knowledge is material. Offender must have known that he had
insufficient funds
**Prima facie evidence: Knowledge of insufficiency is presumed unless he
pays the holder or deposits necessary amount within 5 days from receipt
of notice of dishonour or insufficiency of funds.
***Deceit is not an element
****Damage is not an element, penalty is fixed
Estafa by inducing another to sign any document
1.
2.
3.
4.

Offended party personally signs the document

Document was already drafted when it was signed
The signing was induced by the offender through deceit.
That prejudice be caused
Estafa by falsely pretending to possess property

1. Property involved is either real or personal

2. Falsely pretending to possess it WITHOUT executing an act of
dominion or ownership.

Gutierrez Tan

With good will render service, as to the Lord, and not to men ~ Ephesians 6:7
Estafa by disposing of real property as free from encumbrance, although
such encumbrance be not recorded
1. Selling of a mortgaged property
2. Real property

Removal, sale or pledge of mortgaged property

3. Sufficient to constitute the crime if the property is sold AS FREE, even

though vendor may have obtained the consent of the mortgagee in
writing.
4. Purpose of the law is to protect the purchaser/s

1. Selling of a mortgaged property

2. Personal Property (or Real property mortgaged under Chattel
Mortgage Law)
3. What constitutes the crime is the mere failre to obtain the consent of
the mortgagee in wrting, even if the offender should inform the
purchases that thing sold is mortgaged.
4. Purpose of the law is to protect the mortgagee.

Fraudulent Insolvency
If the conveyance is real and made for a consideration

Estafa by executing any fictitious contract to the prejudice of another

If the conveyance is simulated

Qualified Malicious Mischief

1. Intent to obstruct the performance of public functions.
2. Offenders do not rise publicly and tumultuously

Sedition
1. Intent to obstruct the performance of public functions.
2. Offenders rise publicly and tumultuously

Damage and obstruction to means of communication

1. Railway is damaged
2. Object is merely to cause damage.

Crimes involving destruction

1. Railway is removed to cause destruction
2. Object is to cause destruction.

Kidnapping with Murder

Murder

1. Specific Intent Crime

2. Main purpose was to kidnap
3. Killing was merely an afterthought or occurred during the course of the
detention
Unlawful Arrest
1. Purpose of locking up is to deliver to proper
authorities
2. Detention is unlawful
3. Crime is committed by making an arrest not
authorized by law

1. Specific Intent Crime

2. Main purpose was to kill
3. forcible taking of the victim was a preparatory act; incidental to
purpose

Other Illegal Detention

1. Purpose of locking up is to deprive liberty
2. Deprivation is unlawful
3. Crime is committed by act of locking up with
some circumstance

CRIMINAL LAW II FINAL EXAMS (2012-2013)

Delay in the delivery if detained persons to the

proper judicial authorities
1. Purpose of locking up is to deliver to proper
judicial authorities
2. Detention is for some legal ground
3. Crime is committed by failing to deliver such
person within a certain period of time

Gutierrez Tan

With good will render service, as to the Lord, and not to men ~ Ephesians 6:7
Illegal Detention
1. The offender is a private individual

Arbitrary Detention
Forcible Abduction
1. That the offender is a public officer or 1. That the person abducted is any woman,
employee
regardless of her age, civil status, or
reputation
2. That he detains a person
2. That the abduction is against her will

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 3. That the detention is without legal grounds
4. In the commission of the offense, any of the *No other circumstances necessary
following circumstances is present:
a. The kidnapping lasts for more than 3 days;
b. It is committed simulating public authority;
c. Any serious physical injuries are inflicted upon
the person kidnapped or detained or threats
to kill him are made; or
d. The person kidnapped or detained is a minor
(except when the accused is any of the
parents), female or a public officer.
Kidnapping and serious illegal detention
1. Punishes the detaining or deprivation of liberty of a minor
2. Offender is not entrusted with the custody of the victim

3. That the abduction is with lewd designs

*No other circumstances necessary

Kidnapping and failure to return a minor

1. Punishes the deliberate failure by the person having the CUSTODY of
the minor to restore such minor to his parent or guardian
2. Offender is entrusted custody of the victim

Kidnapping and failure to return a minor

Inducing a minor to abandon his home.
1. The offender is entrusted with the custody of a minor person (whether over or 1. A minor (whether under or over 7 yrs of age) is living in the home of his
under 7 years but less than 18 years of age);
parents or guardians or the person entrusted with his custody;
2. He deliberately fails to restore said minor to his parents or guardians.
2. Offender induces said minor to abandon such home.
*Minor is initially with the offender
*Minor is with his parents and subsequently leaves
Slavery (by purchasing or selling)
1. The offender purchases, sells, kidnaps, or detains a human being; or
2. The purpose of the offender is to enslave such human being;
Qualified: To assign the victim to immoral traffic (Prostitution)
*Crime against Liberty
**Can be prosecuted de oficio

CRIMINAL LAW II FINAL EXAMS (2012-2013)

White Slave Trade

1. Enlists the services of women under any pretext
(Also if engaged in any business or shall profit by prostitution)
2. Purpose of prostitution
*Crime against Chastity
**Can only be prosecuted at the instance of the offended party

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With good will render service, as to the Lord, and not to men ~ Ephesians 6:7
Slavery (by kidnapping or detaining)
Purpose is to enslave

Kidnapping or Illegal Detention

Purpose is to deprive liberty

Exploitation of child labor

1. Offender retains a minor in his services;

Services rendered under compulsion in payment of debt

1. Offender compels a debtor to work for him, either as a household servant or
farm laborer;
2. It is against the will of the minor;
2. It is against the debtors will;
3. It is under the pretext of reimbursing himself of a debt incurred by an 3. The purpose is to require or enforce the payment of a debt.
ascendant, guardian or person entrusted with the custody of such minor.

1.
2.
3.
4.

Abandoning a Minor
The offender has custody of a child;
The child is under 7 years of age
He abandons such child
Qualified: Child dies as a result
He has no intent to kill the child when the
latter was abandoned.

Attempted Murder / Parricide / Infanticide

1. The offender has custody of a child;
2. The child is under 7 years of age
3. He abandons such child. Child does not die.

Murder / Parricide / Infanticide

1. The offender has custody of a child;
2. The child is under 7 years of age
3. He abandons such child. Child dies as a result

4. Intent to kill.

4. Intent to kill.

Abandoning a Minor
1. Custody of minor is stated in general
2. Minor is under 7
3. Abandoned in such a way as to deprive him of the care and protection
that his tender years need
Exploitation of minors (par. 5)
1. Purpose is to follow any person engaged in any of the calling of being an
acrobat, gymnast, rope walker, diver, or wild animal tamer, the offender being
an acrobat, etc., or circus manager or to accompany any habitual vagrant or
beggar
2. Minor is under 16

CRIMINAL LAW II FINAL EXAMS (2012-2013)

Abandonment of minor by person entrusted with his custody; indifference

of parents.
1. Custody is of the rearing or education of a minor
2. Minor is under 18
3. Delivered to a public institution or other person

Inducing a minor to abandon his home.

1. No such purpose

2. Minor is under 18

Gutierrez Tan

With good will render service, as to the Lord, and not to men ~ Ephesians 6:7
Qualified trespass to dwelling
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

Other forms of trespass

Any person
Enters a closed premises or fenced estate
Place is uninhabited
Act constituting the crime is entering the closed premises or the
fenced estate without securing permission of the owner or caretaker
thereof
5. Prohibition to enter must be manifest
1.
2.
3.
4.

Grave Threats
1. May or may not have a condition
2. Written threat Qualifies
Grave Threats (3rd form)
1. Harm threatened is a crime
2. No condition
3. Not made in a heat of anger

Violation of domicile
1. That the offender is a public officer or employee
2. That he is not authorized to:
a. Enter any dwelling against the will of the owner thereof,
b. Search papers or other effects found therein without the previous
consent of such owner,
c. Refuse to leave the premises, after having surreptitiously entered
said dwelling and after having been required to leave the same

1.
2.
3.
4.

Qualified trespass to dwelling

Private Individual
Enters a dwelling house
Place is inhabited
Act constituting the crime is entering the dwelling against the will of
the owner

5. Prohibition to enter is express or implied

Light Threats
1. Has a condition
2. May be oral or written
Other Light Threats (par. 2)
1. Harm threatened is a crime
2. No condition
3. Made in the heat of anger and did
not persist.

Grave Coercion
1. Force or violence is exerted
2. Force made at the time part was doing or about to do the act to be
prevented.

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Other Light Threats

1. Does not have a condition
2. Must be oral
Light Threats
1. Harm threatened is not a
crime
2. Condition

Other Light Threats (par. 3)

1. Harm threatened is not a
crime
2. No condition

Unjust Vexation
1. Force of violence is exerted
2. Force made after the act was already done.

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Grave Coercion (Preventing)

Interruption of religious worship

1. Any person
2. Prevents another from doing
something not prohibited by
law

1. Public officer
2. Prevents ceremonies or
manifestations of any religion

Act tending to prevent the meeting

of the Assembly and similar bodies
1. Any person
2. Prevents the meeting of a
legislative body

3. Through violence, threats or

intimidation

3. Through violence or threats

3. Through force

Grave Coercion (Compelling)

1. Any person
2. Compels another to do something against his
will, whether right or wrong

Expulsion
1. Public officer not authorized by law
2. Compels a person to change his residence

3. Through violence, threats or intimidation

3. May or may not use force

Grave Coercion
1. That a person prevented another from doing something not prohibited by law,
or that he compelled him to do something against his will, be it right or wrong;
2. That the prevention or compulsion be effected by violence, threats or
intimidation;
3. That the person that restrained the will and liberty by another had not the
authority of law or the right to do so, or, in other words, that the restraint shall
not be made under authority of law or in the exercise of any lawful right.
Grave Coercion (through threats)
1. Threats are personal
2. Actual, imminent force or violence
3. Not conditional
Coercion
No clear deprivation of liberty

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1.
2.
3.
4.

Violation of parliamentary immunity

1. Any person
2. Prevents any member of
Congress from attending the
meetings thereof, expressing
his opinions, or casting his vote
3. Through force, intimidation,
threats, or frauds
Kidnapping with ransom

1. Creditor
2. Compels him to pay his debt [effectively
ransom because there is demand for
payment that releases from captivity]
3. By kidnapping the debtor

Light Coercion
That the offender must be a creditor.
That he seizes anything belonging to his debtor.
That the seizure of the thing be accomplished by means of violence or a display
of material force producing intimidation;
That the purpose of the offender is to apply the same to the payment of the
debt.

Grave Threats
1. Threats refer to the person, honor, property of the one threatened or
his family
2. Harm is future
3. Conditional
Illegal Detention
Must have actually confined or restraint the person

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With good will render service, as to the Lord, and not to men ~ Ephesians 6:7
Grave Coercion
Maltreatment of Prisoner
1. The offender is any person
1. That the offender is a public officer or employee
2. The offended party is not a prisoner
2. That he has under his charge a prisoner or detention prisoner
3. He maltreats such person to extort a confession or to obtain some 3. He maltreats such prisoner to extort a confession or to obtain some
information.
information from the prisoner.
Unjust Vexation
1. Annoying, irritating, vexing, tormenting, distressing, or disturbing
conduct of the accused (kissing a girl, etc)
2. Absence of lewd designs

Acts of Lasciviousness
1. Annoying, irritating, vexing, tormenting, distressing, or disturbing
conduct of the accused (kissing a girl, etc)
2. Presence of lewd designs

Discovering secrets through seizure of correspondence

1. Offender is a private individual or even a public officer not in the exercise of his
official function
2. He seizes the papers or letters of another;

Public officer revealing secrets of private individual

1. That the offender is a public officer

3. The purpose is to discover the secrets of such another person;

4. Offender is informed of the contents of the papers or letters seized.
Offenses against chastity
1. Oftentimes the offender is a private individual
2. Some actual act of lasciviousness is executed
Discovering secrets through seizure of
correspondence
1. Offender is a private individual or even a public
officer not in the exercise of his official function

2. That he knows of the secrets of a private individual by reason of his

office
3. That he reveals such secrets without authority or justifiable reason

Abuses against chastity

1. Offender is a public officer
2. Mere immoral or indecent proposal made earnestly and persistently
Revealing secrets with abuse of office.

Revelation of industrial secrets

1. Offenders is a manager, employee or servant;

1. The offender is a person in charge, employee or

workman of a manufacturing or industrial
establishment;
2. He seizes the papers or letters of another;
2. He learns the secrets of his principal or master in 2. The manufacturing or industrial establishment
such capacity;
has a secret of the industry which the offender
has learned;
3. The purpose is to discover the secrets of such 3. He reveals such secrets.
3. Offender reveals such secrets
another person; [Need not reveal]
4. Offender is informed of the contents of the 4. *Damage is not necessary
4. Prejudice is caused to the owner
papers or letters seized. [Damage is not
necessary]

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With good will render service, as to the Lord, and not to men ~ Ephesians 6:7

1.
2.
3.
4.
5.

Acts of Lasciviousness
Manner of committing is any of the ones mentioned for Rape
Offended party is of either sex
Performance of act of lasciviousness
Deriving vicarious pleasure from such acts
Lascivious acts are themselves the final objective

Qualified Seduction
1. Sexual Intercourse with a woman
2. Absence of any of the circumstances of rape
Qualified Seduction
1. That the offended party is a virgin
2. That she must be over 12 and under 18 years
of age
3. That the offender has sexual intercourse with
her
4. That there is abuse of authority, confidence or
relationship on the part of the offender.

1.
2.
3.
4.
5.

Attempted Rape
Manner of committing is any of the ones mentioned for Rape
Offended party is of either sex
Performance of act of lasciviousness
Acts clearly indicate that his purpose was to lie with the woman
Lascivious acts are mere preparatory acts to rape

Rape
1. Sexual Intercourse with a woman
2. Presence of any of the circumstances of rape

1.
2.
3.
4.

Simple Seduction
That she must be of good reputation, single
or widow (virgin)
That the offended party is over 12 and under
18 years of age
That the offender has sexual intercourse with
her
That it is committed by means of deceit

Acts of lasciviousness
1. Acts of lasciviousness
2. Committed under circumstances which, had there been carnal
knowledge, would amount to rape.

Corruption of minors
1. Prostitute is a minor under 18
2. Victim must be of good repute
Forcible Abduction
1. A minor is abducted
2. With lewd designs

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Consented Abduction
1. That the offended party must be a virgin
2. That she must be over 12 and under 18
years of age
3. That the taking away of the offended
party must be with lewd designs
4. That the taking away of the offended
party must be with her consent, after
solicitation or cajolery from the offender

Acts of lasciviousness with the consent of the offended party

1. Acts of lasciviousness
2. Committed under circumstances which, had there been carnal
knowledge, would amount to qualified or simple seduction. (abuse of
authority, confidence, or relationship, or deceit)
White slave trade
1. Prostitute is of any age
2. Women here are prostitutes
Corruption of Minors
1. A minor is abducted
2. With intent of lending her to illicit relations

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With good will render service, as to the Lord, and not to men ~ Ephesians 6:7
Forcible Abduction
1. Violence or Intimidation to compel to do
something
2. With Lewd Design
3. Taken away not for an appreciable amount
of time
*Crime against chastity

Grave Coercion
1. Violence or Intimidation to compel to do
something
2. Without Lewd Design
3. Taken away not for an appreciable amount
of time
*Crime against Security

Kidnapping and Serious illegal detention

1. Taking away
2. With intent to deprive liberty
3. Taken away for an appreciable amount of
time
*Crime against Liberty

Making and importing and uttering false coins

1. Need not be of legal tender, can be those withdrawn from circulation
2. Need not have intent to damage
3. Foreign coinage is included

Mutilation of coins Importation and utterance of mutilated coins

1. Must be legal currency or current coins
2. Must be intent to damage or defraud another
3. Coins of foreign country not included.

Falsification by public officer, employee or notary or ecclesiastic minister.

Can be complexed with estafa/theft/malversation

Falsification by private individual and use of falsified documents.

Cannot be complexed with estafa/theft/malversation

Using fictitious name and concealing true name

1. That the offender uses a name other than his real name

Estafa by using fictitious name

1. That the offender uses a name other than his real name

2. That he uses the fictitious name publicly

2. Defrauds another by having him rely on the fictitious name in

executing some contract or agreement
3. Damage to private interest

3. That the purpose of the offender is

a. To conceal a crime
b. To evade the execution of a judgment
c. To cause damage to public interest

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With good will render service, as to the Lord, and not to men ~ Ephesians 6:7
False testimony against a defendant
1. That there be a criminal proceeding

False testimony favorable to the defendants

1. That there be a criminal proceeding

2. That the offender testifies falsely under

oath against the defendant therein.

2. That the offender testifies falsely under

oath in favour of the defendant therein.

3. That the offender who gives false

testimony knows that it is false.

3. That the offender who gives false

testimony knows that it is false.

4. That the defendant against whom the

false testimony is given is either
acquitted or convicted in a final
judgment.
*Penalty based on what the accused is
sentenced with which must be at least a
correctional penalty, a fine, or must be
acquitted.

4. That the defendant against whom the

false testimony is given is either
acquitted or convicted in a final
judgment.
*Penalty is based on the punishment of the
felony prosecuted

False testimony in civil cases

1. That the testimony must be given in a
civil case
2. That the testimony must relate to the
issues presented in said case.
3. That the testimony must be false
4. . That the false testimony was given by
the defendant knowing the same to be
false.
5. That the testimony be malicious and
given with an intent to affect the issues
presented in said case.
*Penalty is based on the amount in controversy

Importation and disposition of falsely marked articles or merchandise

made of gold, silver, or other precious metals or their alloys.
Applies only to importer, seller, or disposer of misbranded articles

Estafa by falsely pretending to possess influence

Acts of Lasciviousness
That the offender commits any act of lasciviousness of lewdness against a
person of either sex
May be committed privately or publicly

Grave Scandal
Performs acts highly scandalous as offending against decency or good
customs
Committed in public view
Scandalous conduct is not expressly falling within any other article of this
Code

CRIMINAL LAW II FINAL EXAMS (2012-2013)

Applies to manufacturer of misbranded articles

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With good will render service, as to the Lord, and not to men ~ Ephesians 6:7

Offender

Price?
Purpose

Estafa by falsely pretending to

possess influence
Committed by any person

Demands a consideration (e.g. cash)

With the view of defrauding the
giver

Direct Bribery

Abandonment of Office

Committed by any public

officer

Committed by any public

officer

Accepts a bribe
With the view to corrupt
him, and induce him to do or
not to do something that is
his duty.

No bribe involved
Abandons in order to
evade discharge of his
duty

Direct Bribery (Article 210)

Negligence and tolerance in the

prosecution of offenses
Committed only by public officers who
have the duty to institute prosecution for
the punishment of violations of the law
No bribe involved
No abandonment but rather failure to
prosecute an offense by dereliction of duty
or by malicious tolerance of the
commission of offenses.

Indirect Bribery (Article 211)

The public officer receives the gift

There is an agreement between the giver and the public officer
There is no agreement between the giver and the public officer
It is necessary that the offender agrees to perform something in
It is not necessary that there is an act so long as such is given by reason of
consideration of a gift
his office
Direct Bribery (paragraph 2)
Indirect Bribery (Article 211)
The agreement involves the execution of an UNJUST act by the public
The agreement is not unjust
officer
Malversation
Public official
That he had the custody or control of funds or property by reason of the
duties of his office (i.e. in his official capacity)

Private individuals liable for malversation

Private individuals, who in any capacity whatsoever, have charge of
any national, provincial or municipal funds, revenue, or property
Administrator or depository of funds or property attached, seized or
deposited by public authority
That those funds or property were public funds or property for which he was accountable
That he appropriated, took, misappropriated or consented or, through abandonment or negligence, permitted another person to take them
Estafa

Illegal Exactions (Frauds against public treasury)

Demand for fees greater than those prescribed by law
Accompanied by deceit
No deceit (since as far as victims know, he has authority to collect and in
that amount)

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With good will render service, as to the Lord, and not to men ~ Ephesians 6:7
Malversation

Technical Malversation
Offenders are accountable public officers
Offender does not derive any personal gain or profit
Offender in certain cases profits from the proceeds of the crime.
The fund is applied to another public use
The fund is applied to the personal use or benefit of the offender or of
another.
Malversation and Falsification
The postmaster received money orders, signed the signatures of the payees
thereon, collected and appropriated the respective amounts.
Falsification is committed to hide the malversation

Infidelity in the custody of document

The postmaster receives letters or envelopes containing money orders for
transmission, and the money orders are not sent to the addressees, the
postmaster cashing the same for his own benefit. (Act: By concealing)
No falsification is made

Breaking of Seal

Opening of Closed Documents

1. That the offender is a public officer

2. That any closed papers, documents, or objects are entrusted to his custody
3. That he breaks the seals or permits them to be broken
4. That such letter is sealed by the proper authority and should be opened
only by the proper authority
Betrayal of trust by an attorney or solicitor. Revelation of secrets
Attorney-at-law (not just any public officer)
He knows of the secrets of a private individual by reason of his profession
That he reveals such secrets
Refusal to discharge elective office
Elected official
Refuses to be sworn to office

CRIMINAL LAW II FINAL EXAMS (2012-2013)

3. That the opens or permits to be opened said closed papers, documents or

objects
4. That he does not have property authority

Public officer revealing secrets of private individual

That the offender is a public officer
That he knows of the secrets of a private individual by reason of his office
That he reveals such secrets without authority or justifiable reason

Anticipation of duties of a public office

Elective or Appointive official
Assumes office BEFORE being sworn in or giving
the required bond

Prolonging performance of duties and powers

Any person holding public office
Refuses to leave his position and exercises the
duties related to it even after his term has
expired

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With good will render service, as to the Lord, and not to men ~ Ephesians 6:7
Espionage

Treason
Not conditioned upon citizenship of the offender
Offending alien need not reside in the Philippines
Offending alien must reside in the Philippines
Committed in time of peace and war
Committed in time of war
Committed in many ways
May be committed in two ways: adhering or levying war
Only public officers may commit
Either public or private persons can commit

Offender
Offense

Usurpation of legislative powers

Executive or Judicial Officer
(1) Makes general rules or regulations
beyond his authority
(2) Attempts to repeal a law
Suspends the execution of law

Usurpation of executive functions

Judge
(1) Assumes a power pertaining to the
executive authorities
(2) Obstructs the executive authorities in
the lawful exercise of their powers

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.
Attack from outside. Offenders are strangers to the vessel.

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Usurpation of judicial functions

Executive Officer
(1) Assumes judicial powers
(2) Obstructs the execution of any order
or decision rendered by any judge
within his jurisdiction

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 the inside.

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Sedition
Citizen

Rebellion
Citizen

Treason
Citizen or resident alien

Subversion
Citizens

Means

Rise publicly and

tumultuously (not
necessarily taking up arms)

Public uprising or Taking

up arms

Mere membership
in a subversive
association

Purpose

Political or Social
See Article 139 (5)
The purpose is merely to
attain by force,
intimidation, or by other
means outside of legal
methods, one object, to
wit, to inflict an act of hate
or revenge.
Peace time

Political
Remove allegiance or
Deprive of power

Levying war or mere

adherence coupled with
giving aid or comfort to
the enemy
Aiding foreign enemy

Peace time

Wartime

Wartime

Wartime or Peace time

Giving aid or comfort to

rebels is not criminal;
Accepting policydetermining work
Always involves taking
up arms against the
government

Giving aid or comfort to

foreign enemy is criminal
(PROVIDED it is in
furtherance of enemy)
Against the
government/sovereign

Against the
government

Crime against public

order
Absorbed
(UNLESS they are
committed not for the
purpose of furthering
rebellion)

Crime against national

security
Absorbed
(UNLESS they are
committed not for the
purpose of aiding the
foreign enemy)

Directed against duly constituted

authorities of the Republic of the
Philippines, or any military camp
or installation, communication
networks, public utilities or
other facilities needed for the
exercise and continued
possession of power
Crime against public order

Offender

When
Committed
Accessory
acts
punished
Who the
offense is
directed at

A particular person or
property of a public official.

Title

Crime against public order

Common
Crimes

Not absorbed

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Coup detat
Military, Police or holding any
public office or employment
Swift attack accompanied by
violence, intimidation, threat,
strategy, or stealth
Political
To seize or diminish state power

Crime against
national security

Absorbed
(UNLESS they are committed not
for the purpose of furthering
coup d etat)

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