Amurao Recitation Questions S.Y.

201112

Who may be criminally liable?

Recite the 2nd paragraph, Article 4
What do you call these instances
Is there a crime committed by the accused?
Objectively, none. Subjectively, yes.
Penalty
You mean to say a person can be imprisoned if
he hasnt really committed an act?
What is the reason behind punishing impossible
crimes?
Example of impossible crimes
Elements of impossible crimes
Last requisite present in People v. Intod? No.
Constituted Malicious Mischief.
People v. Jacinto
When is the crime of theft deemed
consummated? Taking.
Was there theft already? (People v. Jacinto)
YES.
Is it necessary to gain? No.
Supposing A took checkbook of father, forged
signature of father, cashier ignored the
signature, was there an impossible crime? None.
Act was against public interest.

Next Meeting
Importance of Article 9 (Complex crime,
prescription, subsidiary imprisonment)
Legal effect of RPC provisions on special laws
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May RPC be applied be applied to violations of

special penal laws? No. (Generally)
Is there any distance where the provisions of the
RPC cannot be applied suppletorily? Yes. When?
When special law expressly prohibits.
Provisions
Rules of Graduation of Penalties
What is a justifying circumstance?
Difference between justifying and exempting
Elements of a justifying circumstance
Burden of proof Defense
Can an accused invoking self defense deny the
commission of the crime? No, incompatible
Is the prosecution relieved to present evidence
to prove guilt of the accused?
Is the presumption of innocence overturned by
the admission of the accused?
Admission, sufficient for the court to convict the
accused
Meaning of unlawful aggression?
Can there be SD without UA?
Fled, accused pursued, SD can be invoked
(IMPORTANT, this was asked in midterms,
hypo)
Advantageous position, can you disable him?

Next Meeting

When is there evident premeditation

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Amurao Recitation Questions S.Y.

201112

Elements of EP
Classification: Qualifying
Effect? Changes the nature of the crime
Does it still serve to increase the penalty?
Suppose there are 3 qualifying, would you
consider all as qualifying? Or 1 as qualifying and
the other 2 as generic?
Only 1 generic will increase to the maximum,
cannot use the other one, will go beyond
Should both of the qualifying be alleged? Yes.
How about the generic aggravating?
Information silent as to qualifying and generic,
accused pleaded guilty, can court render
judgment? Yes, right then and there
What are the legal effects of voluntary
confession of guilt?
What are the consequences of a plea of guilty?
Admission of material allegations, admit both
qualifying and generic alleged, does not admit Q
and G not alleged. During arraignment, may be
convicted. Prosecution barred to present
evidence re innocence and aggravating
circumstances
Rules of Criminal Procedure clear: Allege both Q
and G
Mitigating Circumstances allowed to be proven
by the prosecution; ordinary and privileged
After plea of guilty, may the defense still present
evidence? No. Why? Barred from denying

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May evident premeditation be considered if the

victim is different from that intended? Victim
must be predetermined. May hypo dito about
most hated neighbor was killed as well as 5
others too.
Three accused, all armed, left, ambushed a
judge, fired, saw 2 witnesses, can you consider
EP? No. What are the elements of EP? What is
lacking here? No overt act to kill the judge
IMPORTANT ang EP. TInanong sa Midterms.
Memorize the 3 elements
No witness to prove overt act. Point of
determination (Yesterday). Point to kill (Friday).
Between Tuesday to Friday, was there any overt
act? None. Cannot presume overt act. No one
can be convicted by mere presumption
After presentation of evidence by defense and
prosecution, there is overwhelming evidence of
sufficient provocation as mitigating, there was
EP and ___? (Another Aggravating). Can the
court consider EP? No, incompatible. So with
Passion and Obfuscation, incompatible din.
Can you consider EP in a felony thru negligence?
Can you consider EP when victim was killed
when accused accidentally saw him?
Can you consider EP when the killing was done
spur of the moment?

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Amurao Recitation Questions S.Y.

201112

Can you consider EP as aggravating in violation

in special laws?
Can you consider EP as aggravating in robbery?
No, element sya.
How about for theft? No, element.
How about for acts of lasciviousness? Inherent,
element sya.
Rape? No, inherent. Element.
Libel? Inherent
Next aggravating? Craft
How many are there? 3 Aggravating
Circumstances
When is there craft?
Example of craft
When is there fraud?
Example
When is there disguise?
Example
How classified? Qualifying. Effect? May this be
offset by mitigating circumstance of physical
defect? Vindication? Depends on how classify
these 3. Whether as Q or G. SHOTGUN
QUESTION ETO.
Supreme Court classified all 3 as Generic,
can be offset NOW, read People v.
Palaganas
Next paragraph. How many? 2 aggravating
circumstances

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When is there abuse of superior strength?

Is it enough that the other party is much
stronger than the other party? How can you
determine abuse of superior strength?
Accused armed, fired at victim, consider abuse
of superior strength?
What if both have weapons?
3 accused fought lone victim, one after the
other
How classified? Abuse of SS? Q
Can you consider Abuse in a crime thru
negligence? Yes.
Q when there is accidental meeting? No.
Consider Aggravating when the court also
considered vindication of a grave offense? Yes.
Provocation? No. Passion? No.
How classified? Weaken Defense? Effect? This is
Qualifying. Considered in a crime thru
negligence?
Requirements to be considered Q?
Consider Aggravating after sufficient
provocation? No, inconsistent. Can this be offset
by a mitigating circumstance? No.
2 QAC, court considered EP as QAC, can still
consider mitigating to offset employment of
means to weaken defense?
When is there treachery?

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Amurao Recitation Questions S.Y.

201112
Midterms. Points to Consider: Use of motorized
vehicles now considered a GENERIC AC. Must be
used as a means to commit the crime, NOT a
means if witness saw vehicle speeding away
(Lumabas to Midterms). Article 62 considers last
conviction or last release. Civil action deemed
instituted with criminal action EXCEPT pag: 1)
express waiver 2) express reservation thru
independent civil action or civil case filed ahead.
Read People v. Palaganas!! (Andito classification
ng SC sa mga Aggravating whether Q or G)

BOOK TWO

Where may treason be committed

In all cases? Qualify. Filipino or resident alien
Why? Whats the purpose?
Why are Filipinos punished even though abroad?
Permanent allegiance. Breach of allegiance.
Supposing naturalized citizen? With oath of
allegiance.
Tourist only for 3 days? Not liable. Must be
resident. Temporary allegiance.
Ways of committing treason
Levying war
Adherence to the enemy
What do you mean by giving aid?
Example
Is adherence enough?

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Buy and sell of firearms?

Cavans of rice?
Women to Japanese authorities
Transportation business
Other acts of giving aid or comfort
Public office must be highly responsible
What if guerilla pledged allegiance? Not liable
Possible complex crime? No.
Two witness rule
Why is treason not complexed with common
crimes? Either as a necessary means or not
lang. Kung nde, not complex. (SHOTGUN
QUESTION)
Why two witness rule? Abnormal times
Already punishable? Yes
Misprision, how committed?
May it be committed outside the Philippines?
No. By a resident alien? No.
Does this not violate the generality principle?
What is the knowledge punished?
Meeting, discussed enlistment, accused
reported this to Mayor, may he be liable? No,
what the accused knew of is treason not
conspiracy
Why is it that if its treason, no obligation to
disclose? Crime is known to the public.
Conspiracy is marked my extreme secrecy,

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Amurao Recitation Questions S.Y.

201112

being a citizen who owes allegiance, obligation

to disclose
Did not report to Mayor because he is corrupt
but disclosed to AFP Chief? Not liable. No intent
to conceal. Concealment is not voluntary. No
crime if mind is not criminal.
How is espionage committed?
What consummates 1st mode?
Is it necessary that the accused actually obtain
the document? No.
Information was already published? Not liable
Bribed construction worker, gave instructions to
take shots, may you be liable for espionage? Not
under RPC but under CA 616
Tallest tree outside the perimeter wall, took
shots, liable for espionage?
Chartered a helicopter? Liable under RPC? NO.
But not totally free from criminal liability.
RPC Provisions too limited. CA 616 amplified,
specified other ways
2nd mode under RPC of espionage?
Disclosed to a beauty contestant. Liable? Yes.
Elements of inciting to war?
Example
Organized troops to Libya? Liable if without
authority.
Violation of neutrality? How committed?
What is punished here? Violation of regulation
Correspondence, how committed?

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Philippines at war with Malaysia, you are worried

about Boyfriend, sent him an ordinary letter,
may you be criminally liable? Must be prohibited
Assuming there is prohibition? Yes liable
Supposing no prohibition, drew an arrow and
heart, may be criminally liable? Yes. Under 2nd
instance
Hypo under 3rd instance. Useful
Flight to enemys country, how committed?
How many kinds of piracy?
What are they?
Are they the same?
How are they different?
Which Piracy may be committed in high seas?
What kind of piracy is punished under PD 532
Who may be accused under PD 532? Where may
be Piracy committed?
Under RPC?
What do you mean Philippine waters?
Meaning of vessel?
May Piracy be committed in the Pasig River? Yes
May Piracy be committed under the Mendiola
Bridge? Yes
Piracy v. Robbery v. Theft
Supposing just used craft made of bamboo? Still
a vessel
May there be piracy
Small boats by tourists? Still a vessel
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Amurao Recitation Questions S.Y.

201112

Can piracy be committed in a floating

restaurant?
Floating casino? No. Either Robbery or theft
Boat going to Casino? Liable for Piracy under PD
532
Rubber boat during Marikina flood, liable under
PD 532
Accused using bamboo raft, a stranger boarded
rubber boat liable under RPC and PD 532
Waiting to board boat, robber boarded ship,
liable under PD 532 or RPC, already in the
vessel, stranger
Supposing a passenger too under PD 532
Crewmember PD 532
Co-passenger took valuables Not PD 532, PD
532 requires violence or intimidation, crime is
theft
May there still be robbery in high seas? Yes, if
not vessel
If in passenger ship None anymore

Next Meeting

Under the trunk Violation of Plain View

Doctrine
Entire floor owned, firearm found in one unit
admissible in evidence
Opened gate, 5 bungalow houses same size,
asked househelp, proceeded to bungalow, illegal

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possession of firearms, admissible? Need for

intervention of 3rd person, inadmissible
Bungalow now described by color
Without search warrant, admissible: plain view,
incidental to lawful arrest, stop and frisk,
moving vehicle, aircraft, consented searches
Against the latters will
Example of implied prohibition
Door half open, public officer (PO) entered
dwelling of accused, entry unlawful? No.
Supposing door wide open, sign No Trespassing,
entry unlawful? Yes
Door wide open, drawing of 2 revolvers crossing
each other, enter at your own risk No, not
unlawful entry
Door wide open, Beware of Dogs No
prohibition
Violation, is dwelling aggravating? Inherent
2nd manner: Searching papers without consent
Example
Meaning of search
Unlicensed firearm on waist of brother, entered
the house, PO entered too, saw picture of Sam
Pinto, stared liable ba PO? No, not searching
Consent was given Crime was already
consummated
3rd manner
Example
Door closed Implied Prohibition
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Amurao Recitation Questions S.Y.

201112

Search Warrant (SW) maliciously obtained, how

committed?
When do we say SW was obtained maliciously?
Perjury plus maliciously obtaining a SW go
hand in hand, not complex, P necessary means
of Committing, separate crimes
Neighbor filed civil case against your family,
your family lost, one of the children of neighbor
executed an affidavit that your father has high
powered firearms, SW issued, what crimes
committed? P+M, separate
Serious physical injuries inflicted, what crimes
committed? P+M+S, may he be criminally liable
under severity? No, SW here must be legally
procured.
Searching domicile without witnesses, how
committed?
If you were the leader of the searching team,
what must be done in order to avoid prosecution
under Article 130?
In presence of housemaid of 18 years old and
houseboy of 19, liable? No.
Prohibition, etc, how committed?
1st ground, if the meeting ceases to be peaceful,
now there is legal ground
Right to peacably assemble, absolute? Yes,
when done in places requiring no permit

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Demonstration by military personnel protesting,

started from Rotonda, marched to Espana,
infront of UE, dispersed by PNP, is dispersal
warranted? Depends if there is permit.
Started to assemble in Espana Rotonda, may
they be prevented from assembling? Yes, may
be prevented because no permit
What constitutional right protected under 1st
paragraph?
2nd manner Hindering any person from joining
any lawful associations/from attending meetings
Constitutional right protected
Prevented from joining NPA? Abu Sayaff?
Prevented from joining a sorority? Not liable.
Lawful
3rd manner
Constitutional right protected?
Example
Members of class marched to Bureau of
Customs, demanded corruption to stop,
intercepted, march stopped, may PO be liable?
Yes, under 3rd mode
Supposing no permit to use public roads upon
march, liable? Liable, lack of permit
Can you argue that there was no violence used?
No
But protesters argue they were still on their
way, can protesters be dispersed? Yes
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Amurao Recitation Questions S.Y.

201112

In Fort Bonifacio, loud explosions, can PO

disperse Yes, ceased to be peaceful
Interruption, how committed
Necessary that ceremony be conducted? No
Example
Who may commit this crime?
If private individual?
What constitutional right protected
Procession of Mama Mary, police fired shots,
may PO be liable under Interruption Yes,
elements satisfied
Offending religious feeling, how committed?
Example
Who may commit?
Necessary that be a PO?
Is it necessary that the crime be committed
inside the church?
When is the act offensive to religious feelings?
Are the art exhibits in CCP falling under this
Article? No
How is rebellion committed?
May rebellion be committed by only one perons?
Should there be actual clash?
Rebellion v. treason
In rebellion, is it necessary that there be public
uprising? Yes
Time committed?
Classification of crime? Crime against...

Only for Sororitas Reginae Juris

What is the rule on common crimes committed

in the furtherance of rebellion?
Extent of criminal liability for a crime of
Kidnapping, murder for personal motives?
Rape, not absorbed in Rebellion? No.
Examples of Rebellion in the Philippines now:
MILF, NPA, Abu Sayaff, MNLF
Who may be criminally liable for Rebellion?
You were asked to open an account for NPA,
liable for Rebellion? No.
For refusing to pay NPA Revolutionary Tax, buses
of Victory Liner were... (di ko nakuha) Rebllion,
ransom absorbed

Next Meeting

Conspiracy to commit rebellion

Proposal
Inciting to rebellion, how committed
5 militants, members of NPA, inducing others,
crimes? Not convinced
If not convinced?
Coup d etat
Unknown Persons
Disloyalty
Rebellion v. Coup d etat
Class to harm Amurao, liable under illegal
assembly

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Amurao Recitation Questions S.Y.

201112
Next Meeting

Illegal Association
Who may be criminally liable
Illegal Association v. Illegal Assembly?
As to the need of firearms
Example of illegal association
How is Direct Assault committed
Example of 1st form of DA
Is there a public uprising
Had there been public uprising, the crime is
sedition
2nd form of DA
Who is a PIA
Who is an agent of PIA
Is barrio captain the same as barangay
chairman
No more barrio captain, replaced by a barangay
chairman, the barangay chairman is a PIA
Is there any difference in the force or
intimidation employed?
When should this be enforced
What do you mean by reason of past
performance
When do you consider motive essential?
Municipal Mayor, meeting with staff, his number
2 girl assaulted him, what crime committed? DA
Was attacked by governor and congressman for
failure to act on recommendation

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Can it be committed by someone higher in rank?

Traffic enforcer stopped senator who inflicted
several blows, TE died, crimes committed?
Complex Crime of Qualified DA with
Homicide/Murder
Retired judge NOT anymore a PIA or agent of PIA
When is a lawyer considered a PIA
Not in actual performance, reason becomes
material
How is indirect assault committed?
Example of IA
Supposing physical injuries with IA
May there be IA without DA
Acquittal on DA, will this result in acquittal in IA?
Acquittal on DA: not able to establish by clear
and convincing evidence all elements of DA
Acquittal on DA: RA 9344 does not mean
acquittal on IA
Acquittal on DA because of exempting
circumstances, personal, no acquittal on IA
Guilt not proven beyond reasonable doubt, no
acquittal on IA
How is Disobedience committed
DA v. Disobedience
Fist blows on Police
Fist blows on Barangay Chairman
Disobedience to summons, how committed
Self incrimination
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Amurao Recitation Questions S.Y.

201112

Refused to answer because violative of right to

privacy? Not liable
Refused to answer because a criminal case
already filed against you Not liable, invoke
right to privacy
How is Article 153 committed
What is the legal effect
When is the disturbance tumultous
Outcry v. Inciting to Sedition
Art 154, how committed
Examples each
Movie on Police Superintendent praising a crime,
Liable
Alarms and Scandals, how committed?
Examples
Delivering Persons from Jail, how committed?
Delivery v. Infidelity in the Custody of Prisoners
Delivery committed by somebody not having
custody or charge
Example
How is evasion of sentence committed
Detention Prisoner no liability
Legal effect of Article 158
Accused was sentenced to destierro
Other Cases, substantive offense?
Who is a quasi-recidivist?
Is it necessary that the crime he is serving is a
felony?
Example of QR

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How long must the QR stay imprisoned?

Foreign coin

Next Meeting Lecture, Ceasefire kame dito

Article 172, use of false document for the

purpose of influencing the account, violation of
PD 1829 (investigation/proceeding of criminal
case)
No complex crime of estafa thru falsification of
private document
Estafa thru falsification of public/commercial
document
Reason: have common element: damage
How would you know which one to prosecute?
Find out whatever crime was 1st committed by
the accused
Solicitation falsification of private document
But if 1st collected amount and then prepared
document Estafa
Falsification of private document Venue is the
place where the private document was falsified,
couple to cause damage
False Medical Certificates if issued by a
physician/doctor, liable under RA 9165 certifying
that a person is not drug dependent
Public Use of Fictitious Name Same act
punishable under PD 1829, accused shall be
prosecuted for the crime with higher penalty
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Amurao Recitation Questions S.Y.

201112

Perjury when Perjury executed in an affidavit

of false statement, pursuant to the Anti-Terror
Law, accused shall be prosecuted for violation of
RA 9372
False Testimony in Criminal Cases if against
defendant, file only after the case where the
accused testified was decided/terminated by the
court, not if pending because penalty predicated
on the judgment
To be liable for false testimony in a criminal
case, must be determined in a court of justice, if
False Testimony given in connection with a
proceeding in a military court, the false
testimony not punishable under RPC, criminally
liable for perjury
False Testimony in Civil Cases Court of justice
not in Quasi Judicial/Administrative, given in
connection with a civil action, if given in court of
justice not in connection with civil action, liable
for perjury (special proceeding)
Land registration proceeding Not a civil action
Election Cases Not a civil action
Before the NLRC liability for perjury
Is there a crime of subornacion of perjury under
the RPC None. Crime is perjury, one testifying
is principal by direct participation, one inducing
is principal by inducement

Only for Sororitas Reginae Juris

Article 171 Taking advantage of official

position, can be committed by a private
individual ecclesiastical minister
Article 170 Public official document, person
making falsification may be public or private
(may/may not take advantage). Example:
Municipal secretary in custody of Municipal
Resolution made material changes which
affected the meaning, may be liable under Art
170 or 171, will depend on the nature of the
document whether falsified by a private or
public person, what is important is the nature of
the document
May commit falsification while document was
still private
Usurpation of authority it is enough that you
knowingly make false representation
Evasion + PD 1829 + Fictitious Name
Use of uniforms/insignia must be coupled with
intent

Next Meeting

Absolute community
Conjugal Property
Malversation, is it necessary that actual
custody... No
What can be the subject of malversation?

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Amurao Recitation Questions S.Y.

201112

When may a private ind be liable for

malversation?
Dismissed employee?
Proceeds of the crime?
PDEA Agent sold proceeds, what crime may he
be liable? Violation of DDA
When the property confiscated is dangerous
drugs, the crime for failure to account will be
covered by DDA
In case of property forfeited/sequestered, where
these are properties in banks, property pursuant
to RA 9872, accused to be prosecuted for
violation of RA 9372
How is malversation committed?
City Treasurer entrusted key to safe to
Secretary, Secretary unlocked safe, got funds
Sec liable for Qualified Theft because only
qualified charge, Treasurer liable for
malversation thru Negligence
Treasurer encashed check belonging to wife with
public funds, when deposited, check bounced
Malversation
Treasurer supposed to deposit collections to
Landbank, he instructed No. 1 employee to
abscond Treasurer liable for Malversation thru
negligence, employee liable for theft
Example of Malversation thru misappropriation

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NFA deposited sack of rice to warehouse, due to

negligence, the rice became rotten, NFA officer
liable for what? Not liable
Supposing the rice was taken by a syndicate
NFA officer negligent (allowed the taking), liable
for malversation
Several construction trucks were stored in the
depot of DPWH, not protected, those trucks
were cannibalized by the residents, what crime?
Malversation thru negligence
Cashier of Foundation to deliver collections to
nearest Landbank, took public transportation on
the way, he was robbed. What crime?
Malversation thru negligence
Stocking the collections, complete brownout, left
at drawer, collections gone. Malversation thru
negligence
Reports of violations of COA rules of Municipal
Treasurer, after audit, shortage of 10million,
letter sent requesting Treasurer to explain the
shortage or to pay within two weeks, submitted
only explanation, may COA file complaint for
malversation? Yes, presumption applies
Supposing Treasurer was able to pay amount
from different sources within 2 weeks Not
liable
May one be convicted only on the basis of the
presumption?
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Amurao Recitation Questions S.Y.

201112

Prosecution no evidence of appropriation, just

the shortage Can be held liable
When the info was filed, Treasurer won lotto,
returned 10 million, may he still be convicted?
Yes, Malversation was already consummated. It
is the taking or the misappropriating. Mitigating
circumstance ang pagreturn. How about the civil
liability? Extinguished
Example of Malversation committed by private
individual?
In the absence of conspiracy, may a private ind
be liable for malversation?
When may private property be subject of
malversation
Does the BIR allow the payment of taxes
Manager interested in teh 10 million, extracted,
used for personal purposes, depository
What is plunder?
Single act? No. Series or combination.
Are these series, are they crimes? Called
Predicate Crimes. Example Falsification..
Executive from Bureau of Customs received 55
million as bribe, may he be liable for plunder?
No
If to conceal, had to falsify? Liable for plunder?
Yes

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High ranking official collecting from BoC

regularly, may he be liable for plunder? Yes.
Series of acts
Supposing done by Mikey Arroyo? By himself,
no. Private individual. Connect to his wife,
establish conspiracy
What is money laundering
Example
Financier, earns 800 thousand a month, cannot
deposit because bank will make a report, so
what he did was to purchase a mansion, sold
the mansion, proceeds deposited, liable? Yes
Failure to render accounts, how committed?
Art 219, how committed
Illegal use of public funds, how committed
Technical malversation
Distinguish from malversation
Example
Failure to make delivery of public funds or
property, how committed
Pharmaceutical company delivered to DOH, DOH
issued check for payment, disbursing officer
refused to deliver unless he be given a
commission Liable under Art 221
In all these crimes, may PO be separately liable
for violation of RA 3019? There is a
corresponding violation of RA 3019 for every
crime committed by a PO
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Amurao Recitation Questions S.Y.

201112

How is conniving with or consenting committed?

Usually who commits this crime
If convicted, also liable for Art 157. If detention,
no liability. If private person, delivery...
Officer 7pm-5am, at about 9am, he caused the
release of the prisoner...
Example of Art 224
What kind of negligence?
Jail officers escorted prisoners, left prisoners in
court room, after a few minutes, prisoner
escaped, liable for evasion thru negligence
Will mere laxity...?
Jail officer allowed inmate to take relaxation in
his house which is only 100 meters away,
inmate to go back to jail anyway, not liable.
Leniency
Art 236 how committed?
Any PO? No. Damage necessary? Yes
Removal, necessary illicit purpose? Yes
Removal for lawful purpose? Not liable.
Example?
Any paper? No. Must be complete
Supposing unaccomplished forms, not liable
If there is no damage, liable
Postmaster did not deliver mail matters, liable
Postmaster encashed, signed name of payee,
liable only for malversation; falsification to
conceal malversation

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If prisoner evaded under RA 9372, prosecuted

under RA 9372
Officer breaking seal, how committed
Opening of closed documents, how committed?
Supposing PO did not reveal, just opened? Liable
na
Revelation of secrets by an officer, how
committed? Public secrets. Example?
Supposing NBI Officer with Search Warrant,
when in area, one of the officers, gave
information to owner of house, liable for
Revelation
If the Revelation of classified info under RA
9372, PO with proper authority, liable for
violation of RA 9372
Revelation of Secrets of Private Individual
What kind of secret, example
Distinguish from Revelation of Secrets by an
Officer
Income Tax Return Matters private, when file
with BIR, officer should keep secret, liable
Open Disobedience, how committed
Art 232, how committed
Refusal of assistance, how committed?
What if there was no request for assistance? Not
liable
Refusal to discharge elective office, how
committed?
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Amurao Recitation Questions S.Y.

201112
Next Meeting

Who may commit maltreatment?

How is the crime committed
Example
Will the infliction of Physical Injuries equal
maltreatment?
What is the nature of his liability?
Complexed? Separate?
General Classification if Torture

Next Meeting

Difference between homicide and murder

What are the QACs in Murder? Remember that
use of motorized is now a Generic AC according
to People v. Palaganas
Treachery, abuse of superior strength inherent
in infanticide
Test to determine whether infanticide or
abortion?
Abortion committed by a pharmacist, how
committed?
Duel?
Who may be criminally liable in Duel?
Participants as principals. Seconds as
accomplices

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If one party suffers serious physical injuries, who

will be liable? Both
Challenging to a duel, how committed?
Example of inciting to accept a challenge to duel
Example of challenging to duel y publicly
scoffing
Mutilation, how committed?
Distinguish mutilation from Attempted or
Frustrated MHPI?
Distinguish Mutilation from Serious, Less Serious
PI?
Example of Mutilation
How SPI committed? (Look at Amurao Notes ni
Em Quinto, page 73)
What is deformity?
Distinguish SPI from Attempted or Frustrated
MHPI?
When is there deformity? Example?
Supposing replacement of teeth thru dentures?
Deformity? Yes.
LSPI how committed? Aggravating
circumstance?
What is ill treatment
Maltreatment by deed any injury?
Hazing?
Who are liable in Anti-Hazing?
In order to escape liability under Anti Hazing,
what shall you do?
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201112

Rape, how committed? Acts punished? General

acts?
Punishable? Rape and sexual assault
How rape committed under RA 8353
May a woman e liable with rape? Yes, principal
by inducement, principal by indispensable
cooperation, accessory, accomplice, direct
participation (if there is conspiracy)
1st circumstance: Force, threat, and intimidation
What degree of force
Women merely reluctant may be liable for rape?
Degree of resistance must be the same as if
defending ones own life
Next circumstance? Grave abuse of
authority/fraudulent machination
May there be consent on the part of the
offended party?
Example rape thru fraudulent machination?
Through Grave abuse of authority?
If woman is under 18?
Example of with grave abuse of authority
Manager liable for Anti Sexual Harrasment Law?
So two liabilities? Yes. For Rape and violation of
this special law
Example of when the offended party is deprived
of reason or otherwise
Woman asleep = rape

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Woman asleep, just allowed the driver to rape

her What is important is intercourse was
commenced at time of sleep, cannot amount to
consent
Example
You invited female friends to a snack,
administered a chemical into the drink, had
sexual intercourse with friend, Rape
Supposing the pill was intended to arouse the
victim Not liable for Rape
When the offended party is under 12, even if
there is relationship between offender and
offended? Yes liable.
Man and 11 yr old woman Rape
May the man e liable for violation of RA 7610
Yes, separately.
1st manner of committing sexual assault
Necessary that victim is a woman? No. Why?
Is it enough that there is insertion of penis into
the mouth or anal orifice? No. Must be with the
circumstances enumerated in number 1
Rape is different from sexual assault
2nd manner of sexual assault
Who may be the accused in the 2nd mode? In the
1st mode? Man only in 1st.
Example of 2nd mode
Insertion of finger + any circumstance = sexual
assault, included in the term instrument
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Amurao Recitation Questions S.Y.

201112

Give at least 5 circumstances that qualify rape

At present, is there a crime of marital rape? Yes
by virtue of RA 8353
Before, I do means submission to all desires
In case of marital rape, what is the legal effect
of pardon? (wife)
Man who committed rape against woman,
woman expressly pardoned man before
institution of action, extinguish criminal liability?
No. Crime against Persons.\
Legal effect of subsequent marriage between
them.
Marriage must be valid
A Principal by DP
B Principal by inducement
C Principal by IC
D accomplice
E accessory
A was married by offended party. Legal effect?
RA 8353 silent. But according to the Rules of
Criminal Procedure, criminal action is
extinguished. Will benefit all those included in
the criminal action
How is kidnapping and SID committed?
SID v. Arbitrary Detention?
What is the concept of detention
Victim placed in San Beda, free to roam, not
allowed to go out, detention? Yes.
Legal effect of ransom on the criminal liability

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What is the concept of ransom

Passing grade in Criminal Law, is this ransom?
Accused has intention to kill, victim going out of
office, was kidnapped, murdered, crime? Murder
or Homicide. Act of kidnapping is absorbed
Victim is kidnapped, from that place, ransom
was demanded, no ransom, killed Kidnapping
thru Homicide
If victim died as a consequence of the
kidnapping special complex crime
Accused has intention to kill, victim is going out
of office, was kidnapped, murdered, crime?
Murder or Homicide, Act of Kidnapping is
absorbed
Victim kidnapped, from that place, ransom was
demanded, no ransom, killed Kidnapping thru
Homicide, Special Complex Crime
If victim died as a consequence of the
kidnapping Special Complex Crime

Next Meeting
Robbery (Lecture, Ceasefire kame dito)
If the conspiracy was just to commit robbery,
apply Article 4(1), liable for all consequences
(Robbery with Rape)
Accessorys liability is Robbery with Homicide
Special Complex Crime, separate and distinct
from Robbery only or Rape only
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Amurao Recitation Questions S.Y.

201112

Use of Unlicensed Firearm Charge the accused

with robbery, allege so prosecution can prove,
can file separate charge of ULF, info/complaint:
1) Designation of the crime 2) Allegation of the
ultimate facts (So Prosecution can introduce
evidence)
Robbery with Rape Public crime so subsequent
marriage not a ground for extinguishment
neither is pardon (General Rule)
Rather, execute an affidavit of resistance
Bond for Good Behavior v. Bond to Keep The
Peace
Violation of PD 1829
Violence or Intimidation should be present
during Asportacion/Taking
If there was already taking and then violence or
intimidation = Grave Threats + Theft (separate
crimes)
Necklace snatched, neck bled = Robbery
Unintentional/Intentional Violence
Light Coercion = Debtor, intention to apply,
regardless of whatever means
With mortal wound, did not die, due to timely
medical assistance = Robbery with Physical
Violence
PD 532 = indiscriminately
IMPORTANT: Atty. Amurao asked a hypo on
Article 298 in the 2011 Final Examinations

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Next Meeting
Lecture uli, ceasefire kame dito.
Two Kinds of Acts of Lasciviousness: 1)
Consented (over 12 and under 18) 2) Proper
Regular No requirement as to age
Consented acts With consent of offended party
Consented Abduction over 12 under 18 (tanan)
Other Forms of Swindling: 1st form: Pretending
to be the owner, there may be an element if
falsification, already absorbed in this article,
notary public.
Selling property already encumbered, although
the property is not registered, so long as you
sell with knowledge, with express
representation, what ij just notice lis pendens,
you did not inform offended party, not liable, not
an encumbrance
Committed by the owner getting/taking property
from lawful possessor (by agreement, contract)
wrongful taking
Execution of fictitious document
Acceptance of payment consummated by
acceptance
Access Regulation Act look at prohibited acts,
additional liability, not liable for estafa, no
deceit employed

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Amurao Recitation Questions S.Y.

201112

Arson PD 1613, remember special aggravating

circumstance (cannot offset by ordinary
mitigating circumstance), there is a crime of
conspiracy to commit arson, look at 6
circumstances (prima facie evidence)
Malicious Mischief study special cases,
communication lines, documents
Exemption from Criminal Liability theft, estafa,
swindling, take note of relatives, exempting not
just mitigating, violation of Access Law when
fathers atm card stolen; carnapping naman pag
sisters car
RA 8353 v. Qualfied Seduction: Age material sa
QS, virgin pa sa QS, at may grave abuse of
authority, usually public prosecutor chooses
charge with higher penalty
Crimes Against Chastity: study fines, study Anti
Sexual Harassment Law, RA 7610, Anti Child
Pornography Law, Voyeurism Act, abandonment
is mitigating
Study Anti Human Trafficking and White Slave
Trade

*Hopefully throughout the years madadagdagan

to.. Please make an effort to complete this. =D
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