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IN
CRIMINAL
CRIMINAL
JURISPRUDENCE
JURISPRUDENCE
CRIMINAL
CRIMINALLAW
LAW(REVISED
(REVISEDPENAL
PENALCODE
CODE––BOOK
BOOK1)1)
CRIMINAL
CRIMINALLAW
LAW(REVISED
(REVISEDPENAL
PENALCODE
CODE––BOOK
BOOK2)2)
CRIMINAL
CRIMINALPROCEDURE
PROCEDURE
CRIMINAL
CRIMINALEVIDENCE
EVIDENCE
SPECIAL
SPECIALLAWS
LAWS
COMPILED BY:
CRIMINAL LAW
(REVISED PENAL CODE - BOOK I)
A. General Application
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Archipelago, including its atmosphere, interior waters and
maritime zone, without reference to the person or persons who
might violate any of its provisions.
Art. 14 of the Civil Code provides that penal laws shall
be obligatory upon all who live or sojourn in Philippine territory.
There are cases where our Criminal Law does not apply
even if the crime is committed by a person residing or
sojourning in the Philippines. They constitute the exceptions.
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some particular offenses. However, the said Military
Bases Agreement already expired on September
16, 1991.
Nota Bene:
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4) Minister’s resident; and
5) Charges d’ affaires.
Nota Bene:
B. Territorial Application
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Archipelago, including its atmosphere, its interior waters and
maritime zone.
Art. 1 of the 1987 Constitution provides as follows:
“The national territory comprises the Philippine Archipelago,
with all the islands and waters embraced therein, and all other
territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between
and connecting the islands of the Archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the
Philippines.
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4) While being public officers or employees, should commit
an offense in the exercise of their functions; or
5) Should commit any of the crimes against national security
and the law of nations;
6) Should destroy or cause destruction to the
maritime/marine zone, the Exclusive Economic Zone (EEZ)
and the natural resources within the EEZ of the Philippines.
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(1)where the new law is expressly made inapplicable to
pending actions or existing causes of actions.
(2)Where the offender is a habitual delinquent/criminal
under Art. 62 of the Revised Penal Code.
Nota Bene:
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1. That man is subdued occasionally by a strange and morbid
phenomenon which constraints him to do wrong, in spite of or
contrary to his volition.
2. That crime is essentially a social and natural phenomenon,
and as such, (a) it cannot be treated and checked by the
application of abstract principles of law and jurisprudence nor by
the imposition of a punishment fixed and determined a priori; (b)
but rather through the enforcement of individual investigation
conducted by a competent body of psychiatrist and social
scientists.
Elements of Felonies:
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4. That the act or omission must have been voluntarily.
NECESSITY OF FREEDOM
Example:
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The following have no freedom: (a) a person who acts under
the compulsion of an irresistible force, or (b) a person who acts
under the impulses of an uncontrollable fear of an equal of greater
injury. Thus, they are exempt from criminal liability under Art. 12,
paragraphs 5 and 6 respectively of the Revised Penal Code.
NECESSITY OF INTELLIGENCE
Example:
NECCESSITY OF INTENT
Nota Bene:
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All the three requisites of voluntariness in intentional felony
must be present because “a voluntary act is a free, intelligent,
and intentional act”.
Requisites of Culpa
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GENERAL CLASSES OF CRIMES
1. Intentional Felonies;
2. Culpable Felonies; and
3. Those crimes defined and penalized by special laws, which
include crimes punishable by municipal or city ordinances.
The first two are defined and penalized under the Revised
Penal Code of the Philippines.
Notes:
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1. error in personae or mistake in the identity of the victim;
2. aberratio ictus or mistake in the blow, that is, when the
offender intending to do an injury to one person actually inflicts it
on another; and
3. praeter intentionem or when the injurious result is greater
than that intended or the act exceeds the intent.
Requisites:
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(1) when there is an active force that intervened between the
felony committed and the resulting injury, and the active
force is a distinct act or fact absolutely foreign from the
felonious act of the accused, or
(2) when the resulting injury is due to the intentional act of
the victim.
IMPOSSIBLE CRIME
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(2) That the act was done with evil intent.
(3) That is accomplishment is inherently impossible, or that
the means employed is either inadequate or ineffectual.
(4) That the act performed should not constitute a violation
of another provision of the Revised Penal Code.
Case:
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A picked the pocket of B and succeeded in extracting B’s
wallet. Once in possession of the wallet, A opened it, but finding it
empty, he threw away the wallet. Is A guilty of an impossible
crime?
Ans:
No, because the wallet has some value and the crime of
theft is consummated from the moment the offender has taken
possession of the wallet with intent to gain. Hence, that person is
guilty, not of an impossible crime, but of theft.
Nota Bene:
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What is the penalty for impossible crime?
Case:
A fired his revolver at B from a distance of one kilometer. Is
A criminally liable?
Ans.:
No. It is believed that A shows stupidity rather than
dangerousness. According to the positivist theory, A should not be
punished, because there is neither “social danger” nor any
“degree of criminality” shown by him. Even subjectively, a man
with little common sense will know that he cannot hit a person by
firing a revolver one kilometer away.
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render the proper decision, and shall report to the Chief
Executive, through the Department of Justice, the reasons which
induce the court to believe that said act should be made the
subject of legislation (Art. 5, 1st paragraph, RPC).
Nota Bene:
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When the crime is punishable by a special law, the
attempted and frustrated stages of the acts of execution are not
punishable, unless the special law provides a penalty therefor.
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It is one where the purpose of the offender in performing an
act is not certain. Its nature in relation to its objective is
ambiguous.
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In other words, in frustrated felony, the offender has reached
the objective phase; in attempted felony, the offender has not
passed the subjective phase.
SUBJECTIVE PHASE
OBJECTIVE PHASE
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Are there felonies that have no attempted or frustrated
stages of execution? If yes what are they?
Nota Bene:
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Frustrated Rape. Rape could either be attempted of
consummated.
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Preparatory acts are those initial acts of a person who has
conceived the idea of committing a crime, but which cannot by
themselves logically and necessarily ripen into a concrete
offense. They are not even overt acts and hence, they do not
constitute the attempted stage of the acts of execution.
The examples of preparatory acts are (1) conspiracy and
proposal to commit a felony, and (2) buying or securing weapon to
commit a crime, i.e. murder, homicide, robbery, etc.
Nota Bene:
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Revised penal Code and illegal possession of firearm
defined and punished under P.D. 1866 as amended by
R.A. 8294.
Nota Bene:
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Is there any exception?
Requisites of Conspiracy
Is conspiracy punishable?
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Distinguish conspiracy as a felony from conspiracy as a
manner of incurring criminal liability:
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Proposal to commit a felony is punishable only in cases in
which the law specially provides a penalty therefor (Art. 8, 1 st
paragraph, RPC).
Less grave felonies are those which the law punishes with
penalties which in their maximum period are correctional, in
accordance with Art. 25 of the Revised Penal Code (Art. 9, 2nd
par. RPC).
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What are light felonies?
Justifying Circumstances
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Any person acting under any of the justifying circumstances
does not incur criminal liability.
Exempting Circumstances
Mitigating Circumstances
Aggravating Circumstances
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Alternative Circumstances
1. Unlawful aggression.
2. Reasonable necessity of the means employed to
prevent or repel it.
3. Lack of sufficient provocation on the part of the person
defending himself.
1. Unlawful aggression.
2. Reasonable necessity of the means employed to
prevent or repel it.
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3. In case the provocation was given by the person
attacked, that the one making defense had no part
therein.
1. Unlawful aggression.
2. Reasonable necessity of the means employed to
prevent or repel it.
3. The person defending be not induced by revenge,
resentment, or other evil motive.
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The act must be unjustified and sufficient to imperil one’s
life, limb or right.
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When such minor is adjudged to be criminally
irresponsible, the court, in conformity with the provisions of
this and the preceding paragraph, shall commit him to the
care and custody of hi family who shall be charged with his
surveillance and education otherwise, he shall be committed
to the care of some institutions or person mentioned in said
Art. 80.
Nota Bene:
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(5) Any person who acts under the compulsion of
irresistible force.
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(delito), his spouse, ascendants, descendants,
legitimate, natural, or adopted brothers or sisters, or
relatives by affinity within the same degrees.
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(2)That the crime be committed in contempt of or with insult
to the public authorities.
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(9)That the accused is a recidivist.
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There is treachery when the offender commits any of
the crimes against the person, employing means,
methods, or forms in the execution thereof which tend
directly and specially to insure its execution, without risk
to himself arising from the defense which the offended
party might make.
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Alternative circumstances are those which must be taken
into consideration as aggravating or mitigating according to the
nature and effects of the crime and the other conditions attending
its commission.
Nota Bene:
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(1) at the time of the commission of the criminal act,
he has taken such quantity of alcoholic drinks as to
blur his reason and deprive him of a certain degree
of control; and
(2) that such intoxication is not habitual, or
subsequent to the plan top commit the felony.
Habitual Drunkard
Nota Bene:
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Night time and dwelling are not qualifying
aggravating circumstances. They are merely
ordinary or generic aggravating circumstances that
could elevate the impossible penalty to its maximum
period.
The qualifying aggravating circumstances are
those provided for in Art. 248 of the Revised Penal
Code. If any qualifying aggravating circumstance
attended the commission of the crime it elevates the
crime to a graver offense and gives it its proper
designation. For example when the killing is
attended with any of the qualifying aggravating
circumstances like dwelling, the offender will be
liable for murder and not merely homicide.
NIGHT TIME
That period of darkness beginning at end of
dusk and ending at dawn. The Civil Code defines it
as from sunset to sunrise. (Art. 13, Civil Code of the
Philippines).
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Night time is not aggravating, even if the crime
was committed during night time in the
following instances:
DWELLING
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crime against the latter, there was ABUSE OF
CONFIDENCE; and
(2) when the offender forced his way into the dwelling
of the offended party to commit the crime therein,
there was VIOLATION OF THE SANCTITY OF THE
HOME.
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generic aggravating circumstances must be alleged
in the information in order to be appreciated.
Ans.: The following are criminally liable for grave and less
grave felonies:
1) Principals.
2) Accomplices.
3) Accessories.
1) Principals.
2) Accomplices.
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2. Principal by Induction (PI) - Those who directly force or
induce others to commit a crime.
3. Principal by Indispensable Cupertino (PIC) - Those who
cooperate in the commission of the offense by another
act without which the crime would not have been
accomplished.
Nota Bene:
Two or more persons may take direct part in
the execution of the act, in which case they may be
principals by direct participation, provided, the
following requisites are present:
PRINCIPAL BY INDUCTION
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Becomes liable only as such when the principal by
direct participation committed the act induced.
Requisites:
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Requisites:
Nota Bene:
Requisites:
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1. There must be a community of design; that is, knowing
the criminal design of the principal by direct participation, he
concurs with the latter in his purpose;
2. He cooperates in the execution of the offense by previous
or simultaneous acts, with the intention of supplying material or
moral aid in the execution of the crime in an efficacious way; and
3. There must be a relation between the acts done by the
principal and those attributed to the person charged as
accomplice.
Nota Bene:
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other acts showing his conformity to the act of the
principal by direct participation.
3. An accomplice is not a part of the plan or
conspiracy.
4. The act or acts of the accomplice must be
lesser than the act or acts done by the principal by
direct participation, that is, they must not be equal to
or graver than the act or acts of the principal by
direct participation.
5. The cooperation of the accomplice is only
necessary, not indispensable.
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whether a crime should be committed, they merely assent to
the plan and cooperate in its accomplishment.
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1. Public officers who harbor, conceal or assist in the escape of
the principal of ANY CRIME (except for light felony) with the
abuse of his pubic functions.
Requisites:
Nota Bene:
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The act of any person who, with intent to gain
for himself or for another shall buy, receive, possess,
keep, acquire, conceal, sell or dispose of, or shall
buy and sell, or in any other manner deal in any
article, item, object or anything of value which he
knows or should be known to him, to have been
derived from the proceeds of the crime of robbery or
theft.
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Notes:
PENALTIES
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No. Article 21 of the Revised Penal Code provides that “No
felony shall be punishable by any penalty not prescribed by law
prior to its commission.
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What are the measures of prevention or safety which are
not considered penalties?
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What are the different classes of penalties which may be
imposed under the Revised Penal Code?
1. PRINCIPAL PENALTIES
(1)Capital Punishment
Death
(2)Afflictive Penalties
Reclusion Perpetua
Reclusion Temporal
Perpetual or Temporary Absolute Disqualification
Perpetual or Temporary Special Disqualification
Prision Mayor
Fine
Bond to Keep the Peace
(3)Correctional Penalties
Prision Correccional
Arresto Mayor
Suspension
Destierro
Fine
Bond to Keep the Peace
(4)Light Penalties
Arresto Menor
Public Censure
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(1) Fine, and
(2) Bond to Keep the Peace
2. ACCESSORY PENALTIES
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Reclusion Perpetua – 20 years and 1 day to 40 years
Reclusion Temporal – 12 years and 1 day to 20 years
Prision Mayor and Temporary Disqualification – 6 years and
1 day to 12 years, except when the penalty of disqualification is
imposed as an accessory penalty, in which case, its duration shall
be that of the principal penalty.
Prision Correccional, Suspension, and Destierro – 6 months
and 1 day to 6 years, except when suspension is imposed as an
accessory penalty, in which case, its duration shall be that of the
principal penalty.
Arresto Mayor – 1 month and 1 day to 6 months
Arresto Menor – 1 day to 30 days
Bond to Keep the Peace – The bond to keep the peace shall be
required as to cover such period of time as the court may
determine.
COMPUTATION OF PENALTIES
Rules:
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disposal of the judicial authorities for the enforcement of the
penalty.
Requisites:
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2. The offender has undergone preventive imprisonment
during the pendency of the criminal proceeding until the
finality of the judgment; and
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Rule in Case the Maximum Penalty is Destierro
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4. The loss of all rights to retirement pay or other pension for
nay office formerly held (Art. 30, RPC).
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What are the effects of the penalties of suspension from
any public office, profession or calling, or the right of
suffrage?
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otherwise to deposit such amount in the office of the clerk of
the court to guarantee said undertaking (Art. 35, RPC).
(1) It shall not work the restoration of the right to hold pubic
office, or the right of suffrage except when such rights were
expressly restored by the terms of the pardon, and
(2) It shall in no case exempt the culprit from the payment of
the civil indemnity imposed upon him by the sentence (Art
36, RPC).
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What are included in the costs of the proceeding in criminal
cases?
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When should this order of payment be availed of?
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of the sentence, and in no case to continue for more than
one year. Fraction or part of a day, not counted.
2. When the penalty imposed is fine only – subsidiary
imprisonment, not to exceed 6 months, if the offense is
grave or less grave felony; and not to exceed 15 days, if
light felony.
3. When the penalty imposed is higher than prision
correccional – no subsidiary imprisonment.
4. If the penalty imposed is not by confinement, but of fixed
duration – the nature of the subsidiary penalty is the same
as that of the principal penalty under the same rules in
number 1, 2, and 3 above.
5. In case the financial circumstances of the convict should
improve he shall pay the fine (Art. 39, RPC as amended by
RA 5465, April 21, 1969).
Notes:
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3. When the penalty imposed is fine and a penalty not to be
executed by confinement in a penal institution and has no
fixed duration, there is no subsidiary penalty.
Nota Bene:
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If the penalty imposed is prision correccional or arresto
mayor and fine, the subsidiary penalty shall consist in
imprisonment.
If the penalty imposed is destierro, the subsidiary penalty
is also destierro.
If the penalty imposed is suspension, the subsidiary
penalty is also suspension.
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accessory penalties have been expressly remitted in the pardon
(Art. 41, RPC).
Note:
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Every penalty imposed for the commission of a felony
carries with it the forfeiture of the proceeds of the crime and the
instruments or tools with which it was committed.
APPLICATION OF PENALTIES
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Penalty Imposed Applies to Consummated Felony
Requisites:
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2. That the single act produces two or more grave or less
grave felonies.
Requisites:
Nota Bene:
Example:
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After committing homicide, the accused in order to
conceal the crime, set fire to the house where it had been
perpetrated.
Nota Bene:
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This does not mean however that the Indeterminate
Sentence Law does not apply to complex crimes. As long
as the case does not belong to the exceptions provided
for under Sec. 2 of Act 4103 as amended (Indeterminate
Sentence Law), the provisions of such law shall be
applied. However, in fixing the maximum penalty
imposable to the offender, the maximum shall be imposed
regardless of the presence of any mitigating
circumstance.
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another crime, if the law prescribes a higher penalty for
either of the latter offenses, in which case the penalty
provided for the attempted or the frustrated crime shall be
imposed in its maximum period (Art. 49, RPC).
Nota Bene:
ARTICLES 50 - 57
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A penalty lower by two degrees than that prescribed by law
for the consummated felony shall be imposed upon the principals
in an attempt to commit a felony (Art. 51, RPC).
Nota Bene:
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consummated felony shall, and Art. 250 provides that the
court may impose a penalty lower by one degree than that
which should be imposed under Art. 50, it is clear that the
court can impose a penalty lower by two degrees.
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The penalty next lower in degree than that prescribed by law
for the consummated felony shall be imposed upon the
accomplices in the commission of a consummated felony (Art. 52,
RPC).
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Penalty to be imposed upon accessories of an ATTEMPTED
CRIME:
The penalty lower by two degrees than that prescribed by
law for the attempted felony shall be imposed upon the
accessories to the attempt to commit a felony (Art. 57, RPC).
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immediately following that indivisible penalty in the
respective graduated scale prescribed in Art. 71.
2. When the penalty prescribed for the crime is composed
of two indivisible penalties, or of one or more divisible
penalties to be imposed to heir full extent, the penalty next
lower in degree shall be that immediately following the lesser
of the penalties prescribed in the respective graduated scale.
4. When the penalty prescribed for the crime is composed of
one or two indivisible penalties and the maximum period of
another divisible penalty, the penalty next lower in degree
shall be composed of three medium and minimum periods of
the proper indivisible penalty and the maximum period of that
immediately following in said respective graduated scale.
5. When the penalty prescribed for the crime is composed of
several periods, corresponding to different divisible
penalties, the penalty next lower in degree shall be
composed of the period immediately following, which shall
be taken from the penalty prescribed, if possible; otherwise
from the penalty immediately following in the above
mentioned respective graduated scale.
6. When the law prescribes a penalty for a crime in some
manner not especially provided for in the four preceding
rules, the courts proceeding by analogy, shall impose
corresponding penalties upon those guilty as principals of
the frustrated felony, or of attempt to commit the same, and
upon accomplices and accessories (Art. 61, RPC).
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A degree is one unit penalty or one of the penalties
enumerated in the graduated scales in Art. 71 of the Revised
Penal Code.
Thus, Scale No. 1 of said article mentions the penalties in
the following order:
1. Death,
2. Reclusion Perpetua,
3. Reclusion Temporal,
4. Prision Mayor,
5. Prision Correccional,
6. Arresto Mayor,
7. Destierro,
8. Arresto Menor,
9. Public Censure,
10. Fine.
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included by the law in defining a crime and prescribing the
penalty therefor shall not be taken into account for the
purpose of increasing the penalty.
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of those persons only who had knowledge of them at the
time of the execution of the act or their cooperation therein.
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Rules for the application of indivisible penalties
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In cases in which the penalties prescribed by law contain
three periods, whether it be a single divisible penalty or composed
of three different penalties, each one of which forms a period in
accordance with the provisions of Arts. 76 and 77, the court shall
observe for the application of the penalty the following rules,
according to whether there are or are not mitigating or
aggravating circumstances:
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of the aggravating and mitigating circumstances and the
greater or lesser extent o the evil produced by the crime
(Art. 64, RPC).
Notes:
Example:
Reclusion Temporal to Death.
minimum period – Reclusion temporal
medium period – Reclusion Perpetua
maximum period – Death
No, it is not the penalty for complex crime. The penalty for a
complex crime is that provided for under Article 48 of the Revised
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Penal Code, that is, the penalty for the graver or gravest offense,
the same to be imposed in its maximum period.
IMPOSITION OF FINES
Art. 66 provide that in imposing fines the courts may fix any
amount within the limits established by law. Hence, even though
the law authorizes the court to impose any amount of fine, said
amount should be within the limits provided for by law.
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Penalty to be imposed upon a person under eighteen years
of age
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SERVICE OF SENTENCE
How should the offender serve his penalties when he has to serve
two or more penalties?
1. Death,
2. Reclusion Perpetua,
3. Reclusion Temporal,
4. Prision Mayor,
5. Prision Correccional,
6. Arresto Mayor,
7. Arresto Menor,
8. Destierro,
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9. Perpetual Absolute Disqualification,
10. Temporary Absolute Disqualification
11. Suspension for public office, the right to vote and be
voted for, the right to follow a profession or calling,
12. Public censure.
GRADUATED SCALE
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The courts in apllying such lower or higher penalty shall
observe the following graduated scales:
SCALE NO. 1
1. Death,
2. Reclusion Perpetua,
3. Reclusion Temporal,
4. Prision Mayor,
5. Prision Correccional,
6. Arresto Mayor,
7. Destierro,
8. Arresto Menor,
9. Public Censure,
10. Fine.
SCALE NO. 2
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the dates of the judgments rendered against him, beginning with
the first in order of time (Art. 72, RPC).
DIFFERENTIATIONS
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The discharge of firearm is considered as an alarm when
the offender merely discharges his firearm within a town
or public place, which produces alarm or danger, without
aiming the firearm at or against any person.
It is illegal discharge of firearm when the offender
discharges the firearm against or at a certain person,
without any intent to kill, but merely to frighten the
offended party.
It is attempted homicide, or attempted murder or
attempted parricide, when the firearm is discharged at
or against another person with intent to kill the latter, but
without hitting the offended party or without inflicting a
mortal wound on him.
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c 3. Distinctions of Reclusion Perpetua from Life
Imprisonment
d
The penalty of life imprisonment is applicable to special
laws, reclusion perpetua is applicable to felonies
punished under the Revised Penal Code.
Reclusion perpetua entails imprisonment for at least thirty
(30) years after which convict becomes eligible for
pardon; Life imprisonment has no definite extent or
duration.
Reclusion perpetua carries with it accessory penalties
while life imprisonment does not carry with it any
accessory penalty.
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In piracy, the persons who attack a vessel or seize its
cargo are strangers to said vessel. In mutiny, they are
members of the crew or passengers.
Gain is essential in piracy. In mutiny, the offenders may
only intend to ignore the ship’s officers or to commit
plunder.
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In the first (intent to commit the crime), there must be
criminal intent; in the second (intent to perpetrate the act), it
is enough that the prohibited act is done freely and
consciously.
(1)In acts mala in se, the intent governs; but in those mala
prohibita, the only inquiry is, has the law been violated?
Criminal intent is not necessary where the act is
prohibited for reasons of public policy, as in illegal
possession of firearm.
(2)The term mala in se refers generally to felonies defined
and penalized by the RPC. The term mala prohibita refers
generally to acts made criminal by special laws.
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Motive is the moving power which impels one to action for a
definite result. Intent is the purpose to use a particular
means to effect such result.
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(13) Entrapment and instigation, distinguished.
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1) The effect of a generic aggravating circumstance, not
offset by any mitigating circumstance, is to increase the
penalty which should be imposed upon the accused to
the maximum period, but without exceeding the limit
prescribed by law; while that of a qualifying circumstance
is not only to give the crime its proper and exclusive
name but also to place the author thereof in such a
situation as to deserve no other penalty than that
specifically prescribed by law for said crime.
2) A qualifying aggravating circumstance cannot be offset by
a mitigating circumstance; a generic aggravating
circumstance may be compensated by a mitigating
circumstance.
3) A qualifying aggravating circumstance to be appreciated
must be allege in the information If it is not alleged, it
becomes a generic aggravating circumstance only.
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(a) In reiteracion, it is necessary that the offender
shall have served his sentence; whereas, in recidivism
it is enough that a final judgement has been rendered.
(b) In reiteracion, the previous and subsequent
offenses must not be defined in the sae title of the
RPC; whereas, recidivism requires that the offenses be
included in the sae title of the Code.
(c)Reiteracion is not always an aggravating
circumstance; whereas, recidivism is always o be
taken into consideration in fixing the penalty to be
imposed upon the accused.
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before the law precisely as though he had committed no
offense.
4) Both do not extinguish the civil liability of the offender.
5) Pardon, being a private act of the President, must be
pleaded and proved by the person pardoned; while
amnesty being by Proclamation of the Chief executive
with the concurrence of Congress is a public act of which
he courts should take judicial notice.
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committing any o the rimes punishable under the PRC, or
of individuals who, although not armed, are incited to the
commission of treason, rebellion, sedition, or assault
upon a person in authority or his agent.
Such requisite is not necessary in the crime of illegal
association.
(2)In illegal assembly, it is the meeting and attendance at
such meeting that are punished.
In illegal associations, it is ha act of forming or organising
and membership of the association that are punished.
(3)If the purpose of the meeting is to commit crimes
punishable by special laws, such meeting is not an illegal
assembly.
In illegal association, the purpose may include the
commission of crimes punishable by special laws,
because when the purpose of the organization is contrary
to public morals the acts which are contrary to public
morals may constitute crimes punishable under the
special laws.
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(22) Direct bribery, distinguished from indirect bribery.
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offenders is only to commit a particular robbery not
necessarily in the highway.
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(25) Forcible abduction with rape, distinguished from
kidnapping.
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CASES
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against or intimidation of persons, the taking of personal
property belonging to another with intent to gain must be
accomplished because of violence or intimidation. In this
case, the taking of the radio was complete and, hence, the
crime of theft was already consummated when the offended
party was intimidated. The threat to kill B made by A is not a
constitutive element of robbery because the violence or
intimidation must be employed before the taking of personal
property belonging to another is complete.
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violence must be on the person of the offended party, not
upon the thing taken.
Answer: Since A believed in good faith that the pig was his,
even if his claim later on appeared to be untenable, there
being no intent to gain on his part, he should be found guilty
of grave coercion and not robbery with intimidation. One of
the elements of robbery is that the offender took the
personal property belonging to another with intent to gain.
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Answer: The crime is robbery with intimidation. Although a
house may be considered as real property when attached to
the ground, the moment it is removed from the ground and
carried away it ceases to be a real property and becomes
personal property. One of the elements of robbery is that the
property taken is personal property belonging to another.
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9. A passer-by noticed three persons inside the house of
another taking personal property. The passer-by asked them
why they were there. One of them shot and killed him. What
crime was committed? Why?
…oΩo…
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CRIMINAL LAW
(REVISED PENAL CODE- BOOK 2)
TREASON
Elements:
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1. The offender owes allegiance to the Government of the
Philippines;
2. There is a war in which the Philippines is involved;
3. The offender either:
a. Levies war against the Government; or
b. Adheres to the enemies, giving them aid or comfort.
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against the government or of the country to resist or to attack
the enemies of the government or of the country.
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witness rule refers to that portion of the provision which requires
testimonies of 2 witnesses at least on the same overt act.
Example:
Answer:
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EXCEPTION: When the accused himself pleads guilty to the
accusation of treason.
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in rebellion, the purpose is to substitute the government with their
own.
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2. Two or more persons come to an agreement to levy war
against the government or to adhere to the enemies and to give
them aid or comfort.
3. They decide to commit it.
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without decision is not conspiracy. So also, a mere proposal
without acceptance, it is not criminal proposal.
MISPRISION OF TREASON
Elements:
1. Offender must owe allegiance to the Government of the
Philippines;
2. Offender is not a foreigner;
3. He has knowledge of a conspiracy to commit treason
against the said government;
4. He conceals or fails to disclose the same to the
authorities of the province or city in which he resides.
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Misprision of treason is a felony by omission. The offender
has knowledge of conspiracy to commit treason but he failed to
report it to the authorities AS SOON AS POSSIBLE.
ESPIONAGE
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1. Offender, without any authority enters a warship, naval or
military establishment or reservation, and
2. He obtains information, plans, photographs or other data
of a confidential nature relative to the defense of the
Philippines.
ESPIONAGE TREASON
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- there is no need of war going on; - there
must be war
- committed in more than 2 ways; -
committed in 2 ways only;
- generally committed by an alien. - may be
committed by citizens
or resident aliens.
Elements:
1. Offender commits unlawful or unauthorized acts;
2. Said acts provide or give occasion for war involving or
liable to involve the Philippines or expose Filipino citizens
to reprisals on their persons or property.
VIOLATION OF NEUTRALITY
Elements:
1. There is war in which the Philippines is not involved;
2. Competent authorities have issued regulations to enforce
neutrality; and
3. The offender violates any of said regulations.
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There must be a war going on, but the Philippines is not a
partly to the war. It cannot be committed as a crime if the
government has not promulgated rules and regulations for the
observance of neutrality. It is the violation of such rules that
brings about the crime of violation of neutrality.
Elements:
1. There is war in which the Philippines is involved;
2. The offender shall have correspondence with an enemy
country or territory occupied by enemy troops; and
3. Said correspondence is:
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which is vital to the defense of the Philippines, so the mere
sending of that under those conditions makes it a crime.
Elements:
1. Existence of war in which the Philippines is involved;
2. Offender owes allegiance to the Philippines; and
3. He attempts to flee to the enemy country, which is
prohibited by the government.
PIRACY
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Piracy is robbery or forcible depredation on the high seas
without lawful authority and done with animo furandi and in the
spirit and intention of universal hostility.
Piracy is regarded not as a crime of any particular country
but a crime against the whole world so that whenever the
offenders may go to one country they can be prosecuted there.
REASON: The law they violated is not the law of a particular
country but the law of the family of nations.
3 KINDS OF PIRACY
1. Piracy in the high seas punished in the RPC;
2. Piracy in the Philippine waters punished in PD 532; and
3. Air piracy punished in RA 6235.
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“HIGH SEAS” refer to the body of water outside of the
territorial waters of the Philippines, even if such is within the
territorial waters of a foreign country.
- Refers to that body of water beyond the three-mile limit of
our jurisdiction. At this point therefore, it can be easily understood
that piracy under the RPC begins where piracy under PD 532
ends.
MUTINY
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PIRACY DISTINGUISHED FROM MUTINY:
PIRACY MUTINY
- the persons who attack or seize - they are members
of the crew passengers;
the vessel on the high seas are crew passengers;
strangers to said vessel;
- there is an intent to gain - there is usually no intent
to gain as the
offenders may only intend to ignore
the strip’s officers or to commit
plunder.
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2 WAYS OF COMMITTING PIRACY IN PHILIPPINE WATERS
Example:
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Philippine waters. Includes all kinds and types of vessels or boats
used in fishing.
Example:
Under the decree, when these acts are committed the crime
is ABETTING PIRACY. These persons who participate by any of
the acts mentioned above will be charged not for the crime of
piracy but for a crime of abetting piracy under PD 532.
On the other hand, if the piracy falls under the RPC because
it was committed in the high seas, persons who participated in the
loot of the piracy or who harbor or conceal or help the pirates
escape will be accessories to the crime of piracy. The crime
committed by them is not abetting piracy but piracy itself.
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PRESUMPTION: – any person who does any of the acts provided
in this section has performed them KNOWINGLY, unless the
contrary is proven.
NOTE: Under the RPC, use of force upon things does not
bring about piracy unless it is an attack or seizure of
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the vessel or of the passenger and their belongings or
of the complement of the vessel.
R.A. 6235
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Although RA 6235 is commonly referred to as the hijacking
law, strictly the acts punished if this law are not purely of
hijacking.
When we say hijacking, we generally associate the idea with
that of compelling the plane to land in the place other than its
scheduled destination. This, however, is not the only meaning of
hijacking.
Hijacking generally refers to the taking of goods in transit
through force.
PROHIBITED ACTS:
AIRCRAFT IS IN FLIGHT
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Under the law, air piracy regarding an international plane
is committed if the offender compelled the plane to fly in
Philippine territory, seized or usurped it. If the seizure or
usurpation of an international plane, what is essential is that the
plane must be in Philippine territory.
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- Injury / damage --- not absorbed in that crime.
- Offender may be prosecuted under the RPC as well.
QUALIFIED PIRACY
Elements:
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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. that the kidnapping/detention lasts for more than 3 days
b. that it is committed simulating public authority
c. that any serious physical injuries are inflicted upon the
person kidnapped or detained or threats to kill him are
made, or
d. that the person kidnapped or detained is a minor (except if
parent is the offender), female or a public officer
Illustration:
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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.
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Illegal detention is committed by a private person who
kidnaps, detains, or otherwise deprives another of his liberty.
Arbitrary detention is committed by a public officer who detains a
person without legal grounds.
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serious illegal detention, demand for ransom is an indispensable
element. (People vs. Bustamante, G. R. No. 66427, Dec. 4, 1991)
Where after taking the victim with her car, the accused
called the house of the victim asking for ransom but upon going to
their safehouse saw several police cars chasing them, prompting
them to kill their victim inside the car, there were two crime
committed – Kidnapping for Ransom and Murder, not a complex
crime of Kidnapping with Murder as she was not taken or carried
away to be killed, killing being an afterthought . (People vs.
Evanoria, 209 SCRA 577).
Elements:
1. Offender is a private person
2. He kidnaps or detains another or in any other manner
deprives him of his liberty / furnished place for the
perpetuation of the crime
3. That the act of detention or kidnapping must be illegal
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4. That the crime is committed without the attendant of any of
the circumstances enumerated in Art 267
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The prevailing rule now is Asistio v. Judge, which provides
that voluntary release will only mitigate criminal liability if crime
was slight illegal detention. If serious, it has no effect.
In kidnapping for ransom, voluntary release will not mitigate
the crime. This is because, with the reimposition of the death
penalty, this crime is penalized with the extreme penalty of death.
What is Ransom?
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:
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article, the public officer must make the arrest and detention
without authority to do so; or without acting in his official capacity.
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If the detention or arrest is for a legal ground, but the public
officer delays delivery of the person arrested to the proper judicial
authorities, then Article 125 will apply.
3. In art 125, the detention is for some legal ground while here,
the detention is not authorized by law
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
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In People v. Generosa, it was held that deliberate failure to
return a minor under one’s 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).
Elements:
1. That the minor (whether over or under 7) is living in the
home of his parents or guardians or the person entrusted
with his custody
2. That the offender induces a minor to abandon such home
Notes:
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The article also punishes the father or mother who commits
the act penalized under the law. This arises when the custody of
the minor is awarded by the court to one of them after they have
separated. The other parent who induces the minor to abandon
his home is covered by this article.
SLAVERY
Elements:
1. That the offender purchase, sells kidnaps or detains a
human being.
2. That the purpose of the offender is to enslave such human
being.
Elements:
1. That the offender retains a minor in his service.
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2. That it is against the will of the minor.
3. That it is under the pretext of reimbursing himself of a debt
incurred by an ascendant, guardian or person entrusted with
the custody of such minor.
Element:
1. That the offender compels a debtor to work for him, either as
household servant or farm laborer.
2. That it is against the debtor’s will.
3. That the purpose is to require or enforce the payment of a
debt.
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
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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.
ABANDONING A MINOR
Elements:
1. That the offender has the custody of a child.
2. That the child is under seven years of age.
3. That he abandons such child.
4. That he has no intent to kill the child when the latter is
abandoned.
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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.
b. That he delivers said minor to a public institution or other
persons.
c. That the one who entrusted such child to the offender has
not consented to such act, or if the one who entrusted
such child to the offender is absent; the proper authorities
have not consented to it.
2. By neglecting his (offender’s) children by not giving them
education which their station in life requires and financial
condition permits
Elements:
a. That the offender is a parent.
b. That he neglects his children by not giving them
education.
c. That his station in life requires such education and his
financial condition permits it.
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EXPLOITATION OF MINORS
Acts punished:
1. By causing any boy or girl under 16 to perform any dangerous
feat of balancing, physical strength or contortion, the offender
being any person
2. By employing children under 16 who are not the children or
descendants of the offender in exhibitions of acrobat, gymnast,
rope-walker, diver, or wild-animal tamer or circus manager or
engaged in a similar calling
3. By employing any descendant under 12 in dangerous
exhibitions enumerated in the next preceding paragraph, the
offender being engaged in any of said callings
4. By delivering a child under 16 gratuitously to any person
following any of the callings enumerated in par 2 or to any
habitual vagrant or beggar, the offender being an ascendant,
guardian, teacher or person entrusted in any capacity with the
care of such child
5. By inducing any child under 16 to abandon the home of its
ascendants; guardians, curators or teachers to follow any
person engaged in any of the callings mentioned in par 2 or to
accompany any habitual vagrant or beggar, the offender being
any person
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Nature of the Business – This involves circuses which
generally attract children so they themselves may enjoy working
there unaware of the danger to their own lives and limbs.
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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 latter’s will.
Notes:
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Even if the door is not locked, for as long as it is closed, the
prohibition is presumed especially if the entry was done at the late
hour of the night or at an unholy hour of the day. (U. S. vs.
Mesina, 21 Phil. 615)
“Against the will” -- This means that the entrance is, either
expressly or impliedly, prohibited or the prohibition is presumed.
Fraudulent entrance may constitute trespass. The prohibition to
enter may be made at any time and not necessarily at the time of
the entrance.
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violation may consist of any of the three acts mentioned in Article
128 – (1) entering the dwelling against the will of the owner
without judicial order; (2) searching papers or other effects found
in such dwelling without the previous consent of the owner
thereof; and (3) refusing to leave the dwelling when so requested
by the owner thereof, after having surreptitiously entered such
dwelling.
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.
GRAVE THREATS
Acts punishable:
1. By threatening another with the infliction upon his person,
honor or property that of his family of any wrong amounting to
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a crime and demanding money or imposing any other
condition, even though not unlawful and the offender (Note:
threat is with condition)
Elements
a. That the offender threatens another person with the
infliction upon the latter’s person, honor or property, or
upon that of the latter’s family, of any wrong.
b. That such wrong amounts to a crime.
c. That there is a demand for money or that any other
condition is imposed, even though not unlawful.
d. That the offender attains his purpose.
Elements
a. That the offender threatens another person with the
infliction upon the latter’s person, honor or property, or
upon that of the latter’s family, of any wrong.
b. That such wrong amounts to a crime.
c. That the threat is not subject to a condition
Notes:
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insecurity in the mind of the offended party. It is done by
threatening to commit the crime upon the person, honor and
property of the offended party. There is a promise of some future
harm or injury.
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to be committed. But if the purpose is not attained, the penalty
lower by two degrees is imposed. The maximum period of the
penalty is imposed if the threats are made in writing or through a
middleman as they manifest evident premeditation.
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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
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 of 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.
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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.
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;
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2. That the prevention or compulsion be effected by violence, of
force as would produce intimidation and control the will.
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.
Acts punished
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or intimidation is employed in order to compel him to do the act.
No person shall take the law into his own hands.
LIGHT COERCIONS
Elements:
1. That the offender must be a creditor.
2. That he seizes anything belonging to his debtor.
3. That the seizure of the thing be accomplished by means of
violence or a display of material force producing intimidation;
4. That the purpose of the offender is to apply the same to the
payment of the debt.
UNJUST VEXATION
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OTHER SIMILAR COERCIONS
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form of promissory notes, vouchers, coupons, tokens, or any
other forms alleged to represent legal tender.
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.
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.
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4. That offender is informed of the contents or the papers or
letters seized.
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.
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.
3. That the offender reveals such secrets.
4. That the prejudice is caused to the owner.
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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.
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offender has had no opportunity to dispose of the same, the
unlawful taking is complete
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The other kind of robbery is one that is committed with the
use of force upon anything in order to take with intent to gain, the
personal property of another. The use of force here must refer to
the force employed upon things in order to gain entrance into a
building or a house. (People vs. Adorno, C. A. 40 O. G. 567)
Robbery Bribery
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X didn’t commit crime but is X has committed a crime and
intimidated to deprive him of his gives money as way to avoid
property arrest or prosecution
Deprived of money thru force or Giving of money is in one
intimidation sense voluntary
Neither Transaction is voluntary and
mutual
Ex. defendant demands payment
of P2.00 with threats of arrest and
prosecution, therefore, robbery
because (a) intent to gain and (b)
immediate harm
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street or highway the same is used but by the nature of the
vehicle itself and the case to which it is devoted. (Izon, et al., vs.
People, 107 SCRA 118)
1. homicide
2. robbery accompanied with rape or intentional mutilation, SPI
– insane, imbecile, impotent or blind
3. SPI – lost the use of speech, hear, smell, eye, hand, foot,
arm, leg, use of any such member, incapacitated for work
habitually engaged in
4. Violence/intimidation shall have been carried to a degree
clearly unnecessary for the crime or when in the cause of its
execution – SPI/deformity, or shall have lost any part of the
body or the use thereof or shall have been ill or
incapacitated for the performance of the work for > 90 days;
> 30 days
5. Any kind of robbery with less serious physical injuries or
slight physical injuries
Case:
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A, B, C and D robbed a bank. When they were
about to flee, policemen came, and they traded shots with
them. If one of the policemen was killed, the offense is
Robbery with Homicide. If one of the robbers was the one
killed, the remaining robbers shall be charged also with
Robbery with Homicide. If a bank employee was the one
killed either by the robbers or by the policemen in the
course of the latter’s action of arresting or trying to arrest
the robbers, the crime is still Robbery with Homicide.
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or any of the qualifying circumstances. In short, there is no crime
of robbery with parricide, robbery with murder, robbery with
infanticide – any and all forms of killing is referred to as homicide.
Illustration 1:
When two or more persons are killed during the robbery, such
should be appreciated as an aggravating circumstance.
Illustration 2:
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Robbers decided to commit robbery in a house, which
turned out to be a boarding house. Thus, there were different
boarders who were offended parties in the robbery. There is only
one count of robbery. If there were killings done to different
boarders during the robbery being committed in a boarder’s
quarter, do not consider that as separate counts of robbery with
homicide because when robbers decide to commit robbery in a
certain house, they are only impelled by one criminal intent to rob
and there will only be one case of robbery. If there were homicide
or death committed, that would only be part of a single robbery.
That there were several killings done would only aggravate the
commission of the crime of robbery with homicide.
Illustration 3:
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Note that the person killed need not be one who is identified
with the owner of the place where the robbery is committed or one
who is a stranger to the robbers. It is enough that the homicide
was committed by reason of the robbery or on the occasion
thereof.
Illustration 4:
There are two robbers who broke into a house and carried
away some valuables. After they left such house these two
robbers decided to cut or divide the loot already so that they can
go of them. So while they are dividing the loot the other robber
noticed that the one doing the division is trying to cheat him and
so he immediately boxed him. Now this robber who was boxed
then pulled out his gun and fired at the other one killing the latter.
Would that bring about the crime of robbery with homicide? Yes.
Even if the robbery was already consummated, the killing was still
by reason of the robbery because they quarreled in dividing the
loot that is the subject of the robbery.
Illustration 5:
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If a person had an enemy and killed him and after killing
him, saw that he had a beautiful ring and took this, the crime
would be not robbery with homicide because the primary criminal
intent is to kill. So, there will be two crimes: one for the killing
and one for the taking of the property after the victim was killed.
Now this would bring about the crime of theft and it could not be
robbery anymore because the person is already dead.
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Robbery with Rape
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committed. But if the accused tried to rape the offended party
and because of resistance, he failed to consummate the act, and
then he snatched the vanity case from her hands when she ran
away, two crimes are committed: attempted rape and theft.
If the two (2) crimes were separated both by time and place,
there is no complex crime of Robbery with Rape. Thus, when
complainant went out of her room about 1:30 a.m. to urinate, one
of the accused grabbed her, poked an icepick on her neck , and
dragged her out of the house and was made to board a taxi; and
before boarding, she saw the two (2) companions of the man
carrying her typewriter and betamax and then joining them in the
taxi, and that after alighting from the taxi, the two (2) companions
left her, and the man who had grabbed her brought her to a motel,
where by means of force and intimidation he was able to have sex
with her, the crimes committed are Robbery and Forcible
Abduction with Rape. The Rape committed cannot be complexed
with Robbery. (People vs. Angeles, 222 SCRA 451).
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d. robbery with intimidation – acts done by the accused
which by their own nature or by reason of the circumstances
inspire fear in the person against whom they are directed
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To be considered as such, the physical injuries must always
be serious. If the physical injuries are only less serious or slight,
they are absorbed in the robbery. The crime becomes merely
robbery. But if the less serious physical injuries were committed
after the robbery was already consummated, there would be a
separate charge for the less serious physical injuries. It will only
be absorbed in the robbery if it was inflicted in the course of the
execution of the robbery. The same is true in the case of slight
physical injuries.
Illustration 1:
After the robbery had been committed and the robbers were
already fleeing from the house where the robbery was committed,
the owner of the house chased them and the robbers fought back.
If only less serious physical injuries were inflicted, there will be
separate crimes: one for robbery and one for less serious
physical injuries.
But if after the robbery was committed and the robbers were
already fleeing from the house where the robbery was committed,
the owner or members of the family of the owner chased them,
and they fought back and somebody was killed, the crime would
still be robbery with homicide. But if serious physical injuries were
inflicted and the serious physical injuries rendered the victim
impotent or insane or the victim lost the use of any of his senses
or lost a part of his body, the crime would still be robbery with
serious physical injuries. The physical injuries (serious) should
not be separated regardless of whether they retorted in the
course of the commission of the robbery or even after the robbery
was consummated.
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On Robbery with Arson
So, if the robbery was by the use of force upon things and
therewith arson was committed, two distinct crimes are
committed.
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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. in an uninhabited place or
b. by a band or
c. by attacking a moving train, street car, motor vehicle or
airship, or
d. by entering the passenger’s compartments in a train, or in
any manner taking the passengers thereof by surprise in the
respective conveyances, or
e. on a street, road, highway or alley and the intimidation is
made with the use of firearms, the offender shall be
punished by the max period of the proper penalties
prescribed in art 294
Notes:
ROBBERY BY A BAND
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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 co-conspirator.
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5. Unless the others attempted to prevent the assault – guilty of
robbery by band only
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Where the homicide is only attempted or frustrated, Article 297
does not apply. In the same manner, where the attempted or
frustrated robbery results in the commission of serious physical
injuries, Article 297 has no application. In such a case, the crime
shall be treated under the provisions of Article 48 on ordinary
complex crimes. Consequently, the penalty prescribed by Article
48 shall be observed.
Elements
Elements
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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.
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4. Important for robbery by use of force upon things, it is
necessary that offender enters the building or where object
may be found. NO ENTRY, NO ROBBERY
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a. By mere entering alone, a robbery will be committed if
any personal property is taken from within;
b. The entering will not give rise to robbery even if
something is taken inside. It is the breaking of the
receptacle or closet or cabinet where the personal
property is kept that will give rise to robbery, or the taking
of a sealed, locked receptacle to be broken outside the
premises.
Illustration 1:
The entry was made through a fire escape. The fire escape
was intended for egress. The entry will not characterize the
taking as one of robbery because it is an opening intended for
egress, although it may not be intended for entrance. If the
entering were done through the window, even if the window was
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not broken, that would characterize the taking of personal
property inside as robbery because the window is not an opening
intended for entrance.
Illustration 2:
Illustration 3:
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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.
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Before, if the door was not damaged but only the lock attached to
the door was broken, the taking from within is only theft. But the
ruling is now abandoned because the door is considered useless
without the lock. Even if it is not the door that was broken but
only the lock, the breaking of the lock renders the door useless
and it is therefore tantamount to the breaking of the door. Hence,
the taking inside is considered robbery with force upon things.
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Use of picklocks or false keys refers to the entering
into the premises – If the picklock or false key was
used not to enter the premises because the offender
had already entered but was used to unlock an interior
door or even a receptacle where the valuable or
personal belonging was taken, the use of false key or
picklock will not give rise to the robbery with force
upon things because these are considered by law as
only a means to gain entrance, and not to extract
personal belongings from the place where it is being
kept.
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When the robbery is committed in a house which is
inhabited, or in a public building or in a place devoted to religious
worship, the use of fictitious name or pretension to possess
authority in order to gain entrance will characterize the taking
inside as robbery with force upon things.
If A and B told the occupant of the house that they were the
nephews of the spouse of the owner of the house, and because of
that, the closed door was opened, or that they were NBI agents
executing a warrant of arrest, and so the occupant opened the
door, any taking personal property thereat with intent to gain,
would be Robbery.
Notes:
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If the entering does not characterize the taking inside as one
of robbery with force upon things, it is the conduct inside that
would give rise to the robbery if there would be a breaking of
sealed, locked or closed receptacles or cabinet in order to get the
personal belongings from within such receptacles, cabinet or
place where it is kept.
3. When sealed box is taken out for the purpose of breaking it,
no need to open – already consummated robbery
4. Estafa – if box is in the custody of accused
5. Theft – if box found outside and forced open
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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)
Nota Bene
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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:
a. That entrance was effected through an opening not intended
for entrance or egress.
b. A wall, roof, floor, or outside door or window was broken.
c. The entrance was effected through the use of false keys,
picklocks or other similar tools.
d. A door, wardrobe, chest, or any sealed or closed furniture or
receptacle was broken or
e. A closed or sealed receptacle was removed, even if the
same be broken open elsewhere.
3. That with intent to gain the offender took therefrom personal
property belonging to another.
Nota Bene:
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disregarding the circumstances of whether the robbers are armed
or not as in the case in Robbery in Inhabited Place.
Under Article 303, if the robbery under Article 299 and 302
consists in the taking of cereals, fruits, or firewood, the penalty
imposable is lower.
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The word cereals however must be understood to mean
“seedlings” or “semilla.” It does not include hulled rice. It may
include palay or unhulled palay.
While the law uses the term uninhabited place, it however
refers to uninhabited building and its dependencies. If the cereals,
fruits or firewood were taken outside a building and its
dependencies, the crime committed would only be theft even
though the taking was done in an uninhabited place.
Elements:
1. That the offender has in his possession picklocks or similar
tools.
2. That such picklocks or similar tools are specially adopted to the
commission of robbery.
3. That the offender does not have lawful cause for such
possession.
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FALSE KEYS
Nota Bene:
BRIGANDAGE
Elements of brigandage:
1. There are least four armed persons;
2. They formed a band of robbers;
3. The purpose is any of the following:
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a. To commit robbery in the highway;
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.
Presumption of Brigandage:
a. if members of lawless band and possession of unlicensed
firearms (any of them)
b. possession of any kind of arms (not just firearm)
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information necessarily includes such offense, the offender can be
convicted of the crime of brigandage.
Elements:
1. That there is a band of brigands.
2. That the offender knows the band to be of brigands.
3. That the offender does any of the following acts:
a. he in any manner aids, abets or protects such band of
brigands, or
b. he gives them information of the movements of the police or
other peace officers of the government or
c. He acquires or receives the property taken by such
brigands.
PD 532 – Brigandage
1. Seizure of any person for: (a) ransom; (b) extortion or other
unlawful purpose; (c) taking away of property by violence or
intimidation or force upon things or other unlawful means
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2. Committed by any person
3. On any Phil hi-way
Elements:
1. That there be taking of personal property.
2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the consent of the owner.
5. That the taking be accomplished without the use of violence
against or intimidation of persons or force upon things.
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PERSONS LIABLE:
1. Those who
a) with intent to gain
b) But without violence against or intimidation of persons nor
force upon things
c) take personal property of another
d) without the latter’s consent
Nota Bene:
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2. Knowledge of owner is not required, knowledge of loss is
enough
Hidden Treasure
Under Article 438 and 439 of the Civil Code, the finder of
hidden treasure on the property of another and by chance is
entitled to one-half of the treasure that he found. His duty is to tell
the owner about the treasure. If he appropriates the other half
pertaining to the owner of the property, he is liable for theft as to
that share. (People vs. Longdew, C. A. G. R. No. 9380-R, June 4,
1953)
3. Those who
a) after having maliciously damaged the property of another
b) remove or make use of the fruits or object of the damage
caused by them
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neighbor who shoots and kills a goat which has destroyed his
flower plants and thereafter slaughters and eats the meat of the
wandering goat is guilty of theft.
4. Those who
a) enter an enclosed estate or a field where
b) trespass is forbidden or which belongs to another and,
without the consent of its owner
c) hunts or fish upon the same or gather fruits, cereals or other
forest or farm products
Nota Bene:
In the crime of theft, the law makes only of the term “taking”
and not “taking away.” The non-inclusion 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)
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complete control and possession of the thing desired, adverse to
the right of the lawful owner. (People vs. Naval, 46 O. G. 2641)
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Personal Property
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theft for the simple reason that he is the owner of the
thing taken by him. (L. B. Reyes)
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would render the allegation insufficient and the information may
be quashed for failure to allege an essential element of the crime.
(Pua Yi Kun vs. People, G. R. No. 26256, June 26, 1968)
Presumption:
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4. That the hunting or fishing or gathering of products is without
the consent of the owner.
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Since the intent to gain is not essential, the killing or
destruction of large cattle, even without taking any part thereof, is
not a crime of malicious mischief but cattle-rustling.
If the property has some value but is not proven with reasonable
certainty, the minimum penalty shall be imposed under par. 6 of
Art. 309 (People vs. Reyes, 58 Phil. 964).
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When there is no evidence as to the value of the property stolen,
the court is allowed to take judicial knowledge of the value of
such property. (People vs. dela Cruz, 43 O. G. 3206)
When the resulting penalty for the accessory to the crime of theft
has no medium period, the court can impose the penalty which
is found favorable to the accused. (Cristobal vs. People, 84
Phil. 473).
QUALIFIED THEFT
Nota Bene:
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In the case of abuse of confidence, the latter must be
“grave” in order to comply with the requirement of the law
because abuse of confidence is not enough. There must be an
allegation in the information that there is a relation between the
accused and the offended party wherein the latter confided his
security as to his person, life and property to the accused with
such degree of confidence and that the accused abused the
same.
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Where only the material possession is transferred,
conversion of the property gives rise to the crime of theft. Where
both the material and juridical possession is transferred,
misappropriation of the property would constitute estafa. When
the material and juridical possession of the thing transfers
ownership of the property to the possessor, any misappropriation
made by the possessor will not result in the commission of any
crime, either for theft of estafa.
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intimidation of persons, or by using force upon things is penalized
as carnapping under Republic Act No. 6539 (An Act Preventing
and Penalizing Carnapping), as amended. The overt act which is
being punished under this law as carnapping is also the taking of
a motor vehicle under circumstances of theft or robbery. If the
motor vehicle was not taken by the offender but was delivered by
the owner or the possessor to the offender, who thereafter
misappropriated the same, the crime is either qualified theft under
Article 310 of the Revised Penal Code or estafa under Article 315
(b) of the Revised Penal Code. Qualified theft of a motor vehicle
is the crime if only the material or physical possession was
yielded to the offender; otherwise, if juridical possession was also
yielded, the crime is estafa.
Acts punished:
1. Taking possession of any real property belonging to another by
means of violence against or intimidation of persons;
2. Usurping any real rights in property belonging to another by
means of violence against or intimidation of persons.
ELEMENTS:
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1. That the offender takes possession of any real property or
usurps any real rights in property.
2. That the real property or real rights belong to another.
3. That violence against or intimidation of persons is used by the
offender in occupying real property or usurpation real rights in
property.
4. That there is intent to gain.
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is prescribed to be determined on whether the acts of violence
used is akin to that in robbery in Article 294, grave threats or
grave coercion and an incremental penalty of fine based on the
value of the gain obtained by the offender.
On Squatting
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1. Those who have the capacity or means to pay rent or for
legitimate housing but are squatting anyway;
2. Also the persons who were awarded lots but sold or lease
them out;
3. Intruders of lands reserved for socialized housing, pre-
empting possession by occupying the same.
Elements:
1. That there be boundary marks or monuments of towns,
provinces, or estates, or any other marks intended to designate
the boundaries of the same.
2. That the offender alters said boundary marks.
Elements:
1. That the offender is a debtor; that is, he was obligations due
and payable.
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2. That he absconds with his property.
3. That there be prejudice to his creditors.
ESTAFA
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The concept of damage under this article does not mean
actual or real damage. It may consist in mere disturbance of the
property rights of the offended party. However, the damage must
be capable of pecuniary estimation. This requirement is important
because in estafa, the penalty is dependent on the value of the
property.
The accused does not receive the goods but delivers a thing
under an onerous obligation which is not in accordance with the
substance, quantity or quality agreed upon. It is the altering of the
substance, quality or quantity of the thing delivered which makes
the offender liable for the crime of estafa.
The word “onerous” means that the offended party has fully
complied with his obligations to pay. So, if the thing delivered
whose substance was altered, is not yet fully or partially paid,
then the crime of estafa is not committed.
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ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE
UNDER SUBDIVISION NO.1 PAR. (B)
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simple action for recovery of the amount he had invested, and if
there is allegation of fraud, the proper forum would be the
Securities and Exchange Commission. (Sesbreno vs. Court of
Appeals, et al., 240 SCRA 606).
Nota Bene:
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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 one’s own benefit
g. Converting – act of using or disposing of another’s property
as if it was one’s 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
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l. In theft, upon delivery of the thing to the offender, the owner
expects an immediate return of the thing to him – otherwise,
Estafa
m.Servant, domestic or employee who misappropriates a thing
he received from his master is NOT guilty of estafa but of
qualified theft
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2. That the offended party should have delivered it to offender.
3. That above the signature of the offended party a document is
written by the offender without authority to do so.
4. That the document so written creates a liability of, or causes
damage to, the offended party or any third person.
Nota Bene:
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2. There must be evidence that the pretense of the accused that
he possesses power/influence is false
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(2) The check is drawn to enter into an obligation;
(Remember that it is the check that is supposed to be the sole
consideration for the other party to have entered into the
obligation. For example, Rose wants to purchase a bracelet and
draws a check without insufficient funds. The jeweler sells her the
bracelet solely because of the consideration in the check.)
(3) It does not cover checks where the purpose of drawing
the check is to guarantee a loan as this is not an obligation
contemplated in this paragraph
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It is therefore essential that the check be issued in payment
of a simultaneous obligation. The check in question must be
utilized by the offender in order to defraud the offended party. So,
if the check was issued in payment of a promissory note which
had matured and the check was dishonored, there is not estafa
since the accused did not obtain anything by means of said
check. (People vs. Canlas, O. G. 1092)
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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 drawee, without
any valid reason, ordered the bank to stop payment.
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(1) Under both Article 315 (2) (d) and Batas Pambansa Blg. 22,
there is criminal liability if the check is drawn for non-pre-
existing obligation.
(2) Estafa under Article 315 (2) (d) is a crime against property
while Batas Pambansa Blg. 22 is a crime against public
interest. The gravamen for the former is the deceit employed,
while in the latter, it is the issuance of the check. Hence, there
is no double jeopardy.
(3) In the estafa under Article 315 (2) (d), deceit and damage
are material, while in Batas Pambansa Blg. 22, they are
immaterial.
(4) In estafa under Article 315 (2) (d), knowledge by the drawer
of insufficient funds is not required, while in Batas Pambansa
Blg. 22, knowledge by the drawer of insufficient funds is
reqired.
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interest for undermining the banking system of the country, while
under the Revised Penal Code, the crime is malum in se which
requires criminal intent and damage to the payee and is a crime
against property.
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The mere issuance of any kind of check regardless of the
intent of the parties, whether the check is intended to serve
merely as a guarantee or as a deposit, makes the drawer liable
under Batas Pambansa Blg. 22 if the check bounces. As a matter
of public policy, the issuance of a worthless check is a public
nuisance and must be abated.
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In order to commit a crime, the offender must have the
intention to defraud. In other words, the removal, concealment or
destruction of the court record should be done with the intent to
defraud the victim. This is distinguished from the crime of
removal; concealment or destruction of documents under Article
226 wherein fraud is not an element of the crime, and which is
committed only by public officers. What is punished under this
Article is the damage to public interest.
Syndicated Estafa
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2. Disturbance in property right or
3. Temporary prejudice.
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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.
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his bond, or (c) before being relieved from the obligation
contracted by him.
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Another form of deceit would be in the nature of interpreting
dreams, or making forecasts, telling fortunes or simply by taking
advantage of the credulity of the public by any other similar
manner, done for profit or gain.
CHATTEL MORTGAGE
ELEMENTS:
1. That personal property is already pledged under the terms of
the chattel mortgage law.
2. That the offender, who is the mortgagee of such property, sells
or pledges the same or any part thereof.
3. That there is no consent of the mortgagee written on the back
of the mortgage and noted on the record thereof in the office of
the register of deeds.
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.
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5. That there is no written consent of the mortgagee or his
executors, administration or assigns to such removal.
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h. other similar effective means of destruction
D. ELEMENTS OF ARSON
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form of combustible 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.
Nota Bene:
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MALICIOUS MISCHIEF
ELEMENTS
Nota Bene:
1. Malicious mischief – willful damaging of another’s property
for the sake of causing damage due to hate, revenge or
other evil motive
2. No negligence
3. Example. Killing the cow as revenge
4. If no malice – only civil liability
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6. Damage is not incident of a crime (breaking windows in
robbery)
OTHER MISCHIEF
ELEMENTS:
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The offender is punished according to the value of the damage
caused to the offended party. If the damages cannot be
estimated, the minimum penalty is arresto menor or a fine of not
more than 200 pesos shall be imposed on the offender.
Notes:
1. removing rails from tracks is destruction (art 324)
2. not applicable when telegraph/phone lines don’t pertain to
railways (example: for transmission of electric power/light)
3. people killed as a result:
a. murder – if derailment is means of intent to kill
b. none – art 48
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DESTROYING OR DAMAGING STATUES, PUBLIC
MONUMENTS OR PAINTINGS
Notes:
1. Exemption is based on family relations
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3. Persons exempt include:
a. stepfather/mother (ascendants by affinity)
b. adopted children (descendants)
c. concubine/paramour (spouse)
d. common law spouse (property is part of their earnings)
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ADULTERY
ELEMENTS
1. That the woman is married (even if marriage subsequently
declared void)
2. That she has sexual intercourse with a man not her husband.
3. That as regards the man with whom she has sexual
intercourses, he must know her to be married.
Nota Bene:
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The acquittal of the woman does not necessarily result in
the acquittal of her co-accused.
Illustration 1:
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Baguio City, supposedly to come back the next day. When they
were in Bulacan, they stayed in a motel, having sexual
intercourse there. After that, they proceeded again and stopped
at Dagupan City, where they went to a motel and had sexual
intercourse.
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There is no frustrated adultery because of the nature of the
offense.
After filing the complaint for adultery and while the case is
pending trial and resolution by the trial court, the offended spouse
must not have sexual intercourse with the adulterous wife since
an act of intercourse subsequent to the adulterous conduct is
considered as implied pardon. (People vs. Muguerza, et al., 13
C.A. Rep. 1079)
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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.
It has been asked why the penalty for adultery is higher than
concubinage when both crimes are infidelities to the marital vows.
The reason given for this is that when the wife commits adultery,
there is a probability that she will bring a stranger into the family.
If the husband commits concubinage, this probability does not
arise because the mother of the child will always carry the child
with her. So even if the husband brings with him the child, it is
clearly known that the child is a stranger. Not in the case of a
married woman who may bring a child to the family under the
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guise of a legitimate child. This is the reason why in the former
crime the penalty is higher than the latter.
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Causal sexual intercourse with a woman in a hotel is not
concubinage. Likewise, keeping of a mistress in a townhouse
procured and furnished by a married man who does not live or
sleep with her in said townhouse does not constitute concubinage
since there is no cohabitation.
RAPE
ACTS OF LASCIVIOUSNESS
ELEMENTS:
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1. That the offender commits any act of lasciviousness or
lewdness.
2. That it is done under any of the following circumstances:
a. by using force or intimidation, or
b. when the offended party is deprived of reason or
otherwise unconscious, or
c. when the offended party is under 12 years of age.
3. That the offended party is another person of either sex.
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Under this article, the victim is limited only to a woman. The
circumstances under which the lascivious acts were committed
must be that of qualified seduction or simple seduction, that is, the
offender took advantage of his position of ascendancy over the
offender woman either because he is a person in authority, a
domestic, a househelp, a priest, a teacher or a guardian, or there
was a deceitful promise of marriage which never would really be
fulfilled.
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To be guilty of this crime however, the acts of lasciviousness
must be committed under any of the circumstances that had there
been sexual intercourse, the crime would have been Rape.
Where circumstances however are such, indicating a clear
intention to lie with the offended party, the crime committed as
Attempted Rape.
SEDUCTION
Elements:
1. That the offended party is a virgin, (presumed if she
unmarried and of good reputation.)
2. That she must be over 12 and under 18 years of age.
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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 ( person entrusted with education or
custody of victim; person in public authority, priest; servant)
Persons liable:
1. Those who abuse their authority:
a. persons in public authority
b. guardian
c. teacher
d. person who, in any capacity, is entrusted with the
education or custody of the woman seduced
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For purposes of qualified seduction, virginity does not mean
physical virginity. It means that the offended party has not had
any experience before.
Illustration
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virgin. This is because in such a case, the law takes for granted
the existence of the deceit as an integral element of the crime and
punishes it with greater severity than it does the simple seduction,
taking into account the abuse of confidence on the part of the
agent. Abuse of confidence here implies fraud.
The fact that the offended party gave her consent to the
sexual intercourse is not a defense. Lack of consent on the part of
the complainant is not an element of the crime.
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One who is charged with qualified seduction can be
convicted of rape. But one who is charged with rape cannot be
convicted of qualified seduction under the same information.
(People vs. Ramirez, 69 SCRA 144)
SIMPLE SEDUCTION
ELEMENTS
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deceit employed. This act may now be considered Rape under
R.A. 8353, Sec. 2 par. 6.
ELEMENTS:
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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.
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either be qualified seduction or simple seduction if the offender
succeeds in having sexual intercourse with the victim. In these
two cases, there is consent but the same is procured by the
offender through the employment of deceit, abuse of confidence,
abuse of authority or because of the existence of blood
relationship.
CORRUPTION OF MINORS
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WHITE SLAVE TRADE
Acts penalized:
1. Engaging in the business of prostitution
2. Profiting by prostitution
3. Enlisting the service of women for the purpose of prostitution
The person liable under Article 341 is the one who maintains
or engages in the trade of prostitution. A white slave is a woman
held unwillingly for purposes of commercial prostitution. A white
slaver on the other hand is one engaged in white slave traffic,
procurer of white slaves or prostitutes.
ABDUCTION
FORCIBLE ABDUCTION
ELEMENTS:
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Note: Sexual intercourse is NOT necessary
It is the taking away of any woman against her will, from her
house or the place where she may be, for the purpose of carrying
her to another place with intent to marry or corrupt her. A woman
is carried against her will or brought from one place to another
against her will with lewd design.
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Where lewd design was not proved or shown, and the victim
was deprived of her liberty, the crime is kidnapping with Serious
Illegal Detention under this Article 267, RPC.
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Lewd designs may be demonstrated by the lascivious acts
performed by the offender on her. Since this crime does not
involve sexual intercourse, if the victim is subjected to this, then a
crime of rape is further committed and a complex crime of forcible
abduction with rape is committed.
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True intention of the offender should be ascertained. If the
detention is only incidental, the same should be considered as
absorbed. Otherwise, it should be treated as a separate offense.
When such a situation arises, we should consider the application
of Article 48 on complex crimes.
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Forcible abduction must be distinguished from the crime of
kidnapping. When the violent taking of a woman is motivated by
lewd design, the crime committed is forcible abduction. But if the
motive of the offender is to deprive the woman of her liberty, the
crime committed is kidnapping. Abduction is a crime against
chastity while kidnapping is a crime against personal liberty.
CONSENTED ABDUCTION
ELEMENTS:
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 her
consent, after solicitation or cajolery from the offender.
4. That the taking away of the offended party must be with lewd
designs.
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The purpose of the law on consented abduction is to punish
the offender for causing disgrace and scandal to the family of the
offended party. The law does not punish the offender for the
wrong done to the woman since in the eyes of the law, she
consented to her seduction.
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c. grandparents
d. guardians in the order in which they are named above
Nota Bene:
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In the crimes involving rape, abduction, seduction, and acts
of lasciviousness, the marriage by the offender with the offended
woman generally extinguishes criminal liability, not only of the
principal but also of the accomplice and accessory. However, the
mere fact of marriage is not enough because it is already decided
that if the offender marries the offended woman without any
intention to perform the duties of a husband as shown by the fact
that after the marriage, he already left her, the marriage would
appear as having been contracted only to avoid the punishment.
Even with that marriage, the offended woman could still prosecute
the offender and that marriage will not have the effect of
extinguishing the criminal liability.
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accused must plead and prove during the trial. (People vs. Riotes,
C.A., 49 O.G.3403).
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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.
Acts Punished:
1. Simulation of births
2. Substitution of one child for another
3. Concealing or abandoning any legitimate child with the intent
to cause such child to lose its civil status
Requisites:
1. The child must be legitimate
2. The offender conceals or abandons such child
3. The offender has the intent to cause the child to lose its civil
status
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2.Child loses its real status and acquiires a new one
3.Actor’s purpose was to cause the loss of any trace as to the
child’s true filiation
Notes:
1. There must be criminal intent to enjoy the civil rights of
another by the offender knowing he is not entitled thereto
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liable for usurpation of civil status, the offender must have the
intent to enjoy the rights arising from the civil status of another.
ELEMENTS:
1. That the offender has been legally married.
2. That the marriage has not been legally dissolved or, in case
his or her spouse is absent, the absent spouse could not yet
be presumed dead according to the civil code.
3. That he contracts a second or subsequent marriage.
4. That the second or subsequent marriage has all the essential
requisites for validity.
Nota Bene:
1. The crime does not fall within the category of private crimes
that can be prosecuted only at the instance of the offended
party PUBLIC CRIME
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The second marriage must have all the essential requisites
for validity were it not for the existence of the first marriage.
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such premature marriages, or such marriage which was
solemnized by one who is not authorized to solemnize the same.
ELEMENTS:
The law further provides that for accused to be liable under this
article, he should not be guilty of bigamy because otherwise, the
crime punished under Article 350 is deemed absorbed in the
bigamy.
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1. The marriage does not constitute bigamy.
2. The marriage is contracted knowing that the requirements of
the law have not been complied with or in disregard of legal
impediments.
3. One where the consent of the other was obtained by means of
violence, intimidation or fraud.
4. If the second marriage is void because the accused knowingly
contracted it without complying with legal requirements as the
marriage license, although he was previously married.
5. Marriage solemnized by a minister or priest who does not have
the required authority to solemnize marriages.
PREMATURE MARRIAGE
Acts punished:
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LIBEL
ELEMENTS:
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Malice has been defined as a term used to indicate the fact
that the defamer is prompted by personal ill or spite and speaks
not in response to duty but merely to injure the reputation of the
person defamed.
Kinds of Malice
Distinction
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In the crime of libel, which includes oral defamation, there is
no need for the prosecution to present evidence of malice. It is
enough that the alleged defamatory or libelous statement be
presented to the court verbatim. It is the court which will prove
whether it is defamatory or not. If the tenor of the utterance or
statement is defamatory, the legal presumption of malice arises
even without proof.
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because of his social, political and economic status in the
community which is too well known to all concerned, are which
intended are intended to ridicule rather than praise him, the
publication is deemed libelous (Jimenez vs. Reyes, 27 SCRA 52)
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Libel Perjury
-false accusation need -false accusation is
not be made under made under oath
oath
Acts punished
1. Threatening another to publish a libel concerning him, or his
parents, spouse, child, or other members of his family;
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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.
ELEMENTS:
1. That the offender is a reporter, editor or manager of a
newspaper, daily or magazine.
2. That he publishes facts connected with the private life of
another.
3. Those facts are offensive to the honor, virtue and reputation of
said person.
Note:
Even though made in connection with or under the pretext
that it is necessary in the narration of any judicial or administrative
proceedings wherein such facts have been mentioned.
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and home. Occasionally, it involves conjugal troubles and quarrels
because of infidelity, adultery or crimes involving chastity.
Notes:
The gravity of oral defamation depends not only on the
expressions but also on the personal relation of the accused with
the offended party. Other circumstances like the presence of
important people when the crime was committed, the social
standing and position of the offended party are factors which may
influence the gravity and defamatory imputation (Victorio vs. Court
of Appeals, 173 SCRA 645).
Note that slander can be committed even if the defamatory
remark was done in the absence of the offended party. (People
vs. Clarin, C.A., 37 O.G. 1106)
If the utterances were made publicly and were heard by
many people and the accused at the same time levelled his finger
at the complainant, oral defamation is committed (P v Salleque)
The word “puta ” does not impute that the complainant is
prostitute. (People vs. Atienza, G.R. No. L-19857, Oct. 26, 1968 )
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It is a common expression of anger or displeasure. It is seldom
taken in its literal sense by the hearer. It is viewed more as a
threat on the part of the accused to manifest and emphasize a
point. (Reyes vs. People, 27 SCRA 686)
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:
Slander by deed is a defamation committed by the offender
against the complainant through the performance of any act which
casts dishonor, discredit or contempt upon another person.
Slander by deed refers to performance of an act, not use of
words.
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woman, a teacher, in the presence of many people has put her to
dishonor, contempt and ridicule. (P v Costa). If the acts committed
against the offended party caused her physical injury which did
not require medical attendance, then the crime would be
maltreatment which is classified as slight physical injuries.
Distinctions
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participate in or have connection with its publication (US v
Ortiz)
LIBELOUS REMARKS
INCRIMINATORY MACHINATIONS
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
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Note: article is limited to planting evidence and the like
How committed?
By any person who shall make any intrigue which has for its
principal purpose to blemish the honor or reputation of another
person
Notes:
The crime is committed by resorting to any form of scheme
or plot designed to blemish the reputation of a person. The
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offender does not employ written or spoken words, pictures or
caricatures to ridicule the victim. Rather, he uses some ingenious,
crafty and secret ploy which produces the same effect.
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Distinction between Intriguing Against Honor and
Incriminating an Innocent Person
Acts punished:
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Notes: Peace officer is exempt if acts done under lawful order of
the court. You can only use the recording for the case for which it
was validly requested. Information obtained in violation of the Act
is inadmissible in evidence in any hearing or investigation.
CRIMINAL NEGLIGENCE
Quasi-offenses punished
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2. Committing through simple imprudence or negligence an act
which would otherwise constitute a grave or a less serious
felony;
3. Causing damage to the property of another through reckless
imprudence or simple imprudence or negligence;
4. Causing through simple imprudence or negligence some wrong
which, if done maliciously, would have constituted a light felony.
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ignoring the admonition borne of this provision, is the constitutive
fact of negligence. (Picart vs. Smith, 37 Phil. 809, 813)
Test of Negligence
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d. Contributory negligence—not a defense, only
mitigating
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The contributory negligence of the injured party will not
defeat the action if it be shown that the accused might, by the
exercise of reasonable care and prudence, have avoided the
consequences of the negligence of the injured party
Emergency rule
Doctrine of Pre-emption
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splitting the criminal negligence because the real basis of the
criminal liability is the negligence.
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obtaining in the place at the particular time. So, if the maximum
speed limit is 80 kilometers per hour and the vehicle driven at 30
kilometers per hour, but because of the very slow pace of the
vehicle, an accident occurs, the observation of the speed limit will
not be acceptable evidence of due care. (people vs. Caluza, C.A.,
58 O.G. 8060)
…oΩo…
CRIMINAL PROCEDURE
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The institution of the criminal action shall interrupt the
running of the period of prescription of the offense charged unless
otherwise provided in special laws.
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The offended party cannot institute criminal prosecution without
including the guilty parties, if both are alive, nor, in any case, if the
offended party has consented to the offense or pardoned the
offenders.
The offenses of seduction, abduction and acts of
lasciviousness shall not prosecuted except upon a complaint filed
by the offended party or her parents, grandparents or guardian,
nor, in any case, if the offender has been expressly pardoned by
any of them. If the offended party dies or becomes incapacitated
before she can file the complaint, and she has no known parents,
grandparents or guardian, the State shall initiate the criminal
action in her behalf.
The offended party, even if a minor, has the right to initiate
the prosecution of the offense of seduction, abduction and acts of
lasciviousness independently of her parents, grandparents, or
guardian, unless she is incompetent or incapable of doing so.
Where the offended party, who is a minor, fails to file the
complaint, her parents, grandparents, or guardian may file the
same. The right to file the action granted to parents, grandparents
or guardian shall be exclusive of all other persons and shall be
exercised successively in the order herein provided, except as
stated in the preceding paragraph.
No criminal action for defamation which consists in the
imputation of any of the offenses mentioned above shall be
brought except at the instance of and upon complaint filed by the
offended party.
The prosecution for violation of special laws shall be governed by
the provisions thereof.
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Sufficiency of complaint or information
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shall be made to the section or subsection of the statute
punishing it.
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The complaint or information must state the name and
surname of the person against whom or against whose property
the offense was committed, or any appellation or nickname by
which such person has been or is known. If there is no better way
of identifying him, he must be described under a fictitious name.
Amendment or substitution
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enters his plea. After the plea and during the trial, a formal
amendment may be made with leave of court and when it can be
done without causing prejudice to the rights or the accused.
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or territory where such train, aircraft, or other vehicle passed
during its trip, including the place of its departure and arrival.
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evidence and under circumstances affording the offended party a
reasonable opportunity to make such reservation.
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fees based on the amounts alleged therein. If the amounts are not
so alleged but any of these damages are subsequently awarded
by the court, the filing fees based on the amount awarded shall
constitute a first lien on the judgment.
Where the civil action has been separately and trial thereof
has not yet commenced, it may be consolidated with the criminal
action upon application with the court trying the latter case. If the
application is granted, the trial of both actions shall proceed in
accordance with section 2 of this Rule governing consolidation of
the civil and criminal actions.
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During the pendency of the criminal action, the running of
the period of prescription of the civil action which cannot be
instituted separately or whose proceeding has been suspended
shall be tolled.
The extinction of the penal action does not carry with it
extinction of the civil action. However, the civil action based on
delict shall be deemed extinguished if there is a finding in a final
judgment in the criminal action that the act or omission from which
the civil liability may arise did not exist.
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an executor or administrator and the court may appoint a
guardian ad litem for the minor heirs.
The court shall forthwith order said legal representative or
representatives to appear and be substituted within a period of
thirty (30) days from notice.
A final judgment entered in favor of the offended party shall
be enforced in the manner especially provided in these rules for
prosecuting claims against the estate of the deceased.
If the accused dies before arraignment, the case shall be
dismissed without deceased.
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intimately related to the issue raised in the subsequent criminal
action, and (b) the resolution of such issue determines whether or
not the criminal action may proceed.
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Their authority to conduct preliminary investigations shall
include all crimes cognizable by the proper court in their
respective territorial jurisdictions.
Procedure
(b) Within ten (10) days after the filing of the complaint, the
investigating officer shall either dismiss it if he finds no ground to
continue with the investigation, or issue a subpoena to the
respondent attaching to it a copy of the complaint and its
supporting affidavits and documents.
The respondent shall have the right to examine the evidence
submitted by the complainant which he may not have been
furnished and to copy them at his expense. If the evidence is
voluminous, the complainant may be required to specify those
which he intends to present against the respondent, and these
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shall be made available for examination or copying by the
respondent at his expense.
Objects as evidence need not be furnished a partly but shall
be made available for examination, copying, or photographing at
the expense of the requesting party.
(c) Within ten (10) days from receipt of the subpoena with
the complaint and supporting affidavits and documents, the
respondent shall submit his counter-affidavit and that of his
witnesses and other supporting documents relied upon for his
defense. The counter-affidavits shall be subscribed and sworn to
and certified as provided in paragraph (a) of this section, with
copies thereof furnished by him to the complainant. The
respondent shall not be allowed to file a motion to dismiss in lieu
of a counter-affidavit.
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(f) Within ten (10) days after the investigation, the
investigating officer shall determine whether or not there is
sufficient ground to hold the respondent for trial.
Within five (5) days from his resolution, he shall forward the
record of the case to the provincial or city prosecutor or chief state
prosecutor, or to the Ombudsman or his deputy in cases of
offenses cognizable by the Sandigangbayan in the exercise of its
original jurisdiction. They shall act on the resolution within ten (10)
days from their receipt thereof and shall immediately inform the
parties of such action.
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Where the investigating prosecutor recommends the
dismissal of the complaint but his recommendation is disapproved
by the provincial or city prosecutor or chief state prosecutor or the
Ombudsman or his deputy on the ground that a probable cause
exists, the latter may, by himself, file the information against the
respondent, or direct another assistant prosecutor or state
prosecutor to do so without conducting another preliminary
investigation.
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the parties; (c) the undertaking or bail of the accused and the
order for his release; (d) the transcripts of the proceedings during
the preliminary investigation; and (e) the order of cancellation of
his bail bond, if the resolution is for the dismissal of the complaint.
(a) By the Regional Trial Court.- Within ten (10) days from
the filing of the complaint or information, the judge shall
personally evaluate the resolution of the prosecutor and its
supporting evidence. He may immediately dismiss the case of the
evidence on record clearly fails to establish probable cause. If he
finds probable cause, he shall issue a warrant of arrest, or a
commitment order if the accused has already been arrested
pursuant to a warrant issued by the judge who conducted the
preliminary investigation or when the complaint or information was
filed pursuant to section 7 of this rule. In case of doubt on the
existence of probable cause, the judge may order the prosecutor
to present additional evidence within five (5) days from notice and
the issue must be resolved by the court within thirty (30) days
from the filing of the complaint of information.
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(b) By the Municipal Trial Court. – When required pursuant
to the second paragraph of section 1 of this Rule, the preliminary
investigation of cased falling under the original jurisdiction of the
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal
Trial Court, or Municipal Circuit Trial Court may be conducted by
either the judge or the prosecutor. When conducted by the
prosecutor, the procedure for the issuance of a warrant of arrest
by the judge shall be governed by paragraph (a) of this section.
When the investigation is conducted by the judge himself, he shall
follow the procedure provided in section 3 of this Rule. If his
findings and recommendations are affirmed by the provincial or
city prosecutor, or by the Ombudsman or his deputy, and the
corresponding information is filed, he shall issue a warrant of
arrest. However, without waiting for the conclusion of the
investigation, the judge may issue a warrant of arrest if he finds
after an examination in writing under oath of the complainant and
his witnesses in the form of searching questions and answers,
that a probable cause exists and that there is a necessity of
placing the respondent under immediate custody in order not to
frustrate the ends of justice.
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When a person is lawfully arrested without a warrant
involving an offense which requires a preliminary investigation,
the complaint or information may be filed by a prosecutor without
need of such investigation provided an inquest has been
conducted in accordance with existing rules. In the absence or
unavailability of an inquest prosecutor, the complaint may be filed
by the offended party or a peace officer directly with the proper
court on the basis of the affidavit of the offended party or arresting
officer or person.
Records
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(b) Record of preliminary investigation. – The record of the
preliminary investigation, whether conducted by a judge or a
prosecutor, shall not from part of the record of the case. However,
the, court, on its own initiative or on motion of any party, may
order the production of the record or any of its part when
necessary in the resolution of the case or any incident therein, or
when it is to be introduced as an evidence in the case by the
requesting party. (8a)
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probable cause. if the judge still finds no probable cause despite
the additional evidence, within ten (10) days from its submission
or expiration of said period, dismiss the case. When he finds
probable case, he shall issue a warrant of arrest, or a
commitment order if the accused had already been arrested, and
hold him for trial. However, if the judge is satisfied that there is no
necessity for placing the accused under custody, he may issue
summons instead of a warrant of arrest.
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Duty of arresting officer
Executive of warrant
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final judgment or is temporarily confined while his case is
pending, or has escaped while being transferred from one
confinement to another.
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opportunity to so inform him, or when the giving of such
information will imperil the arrest.
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Whenever an officer has entered the building or enclosure in
accordance with the preceding section, he may break out
therefrom when necessary to liberate himself.
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(a) The undertaking shall be effective upon approval, and
unless cancelled, shall
remain in force at all stage of case until promulgation of the
judgement of the Regional Trail Court, irrespective of whether the
case was originally filled in or appealed to it;
(b) The accused shall appear before proper court
whenever required by the court or these Rules;
(c)The failure of the accused to appear at the trial without
justification and despite due notice shall be deemed a
waiver of his right to be present thereat. In such case,
the trial may proceed in absentia; and
(d) The bondsman shall surrender the accused to the
court for execution of the final judgment.
The original papers shall state the full name address of the
address of the accused, the amount of the undertaking and the
conditions required by this section. Photographs (passport size)
taken within the last six (6) months showing the face, left and right
profiles of the accused must be attached to the bail.
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Metropolitan Trial Court, Municipal Trail Court, Municipal Trial
Court in Cities, or Municipal Circuit Trail Court, and (b) before
conviction by the Regional Trail Court of an offense not
punishable by death, reclusion perpetua, or life imprisonment.
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(b) That he has previously escaped from legal
confinement, evaded sentence, or violated the conditions of his
bail without valid justification;
(c) That he committed the offense while under probation,
parole, or conditional pardon;
(d)That the circumstances of his case indicate the
probability of flight if released on bail; or
(e)That there is undue risk that he may commit another
crime during the pendency of the appeal.
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burden of showing that evidence of guilt is strong. The evidence
presented during the bail hearing shall be considered
automatically reproduced at the trial but, upon motion of either
party, the court may recall any witness for additional examination
unless the latter is dead, outside the Philippines, or otherwise
unable to testify.
Corporate surety
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provide bail by a bond subscribed jointly by the accused and an
officer of the corporation duly authorized by its board of directors.
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In all cases, every surety must be worth the amount
specified in his own undertaking over and above all just debts,
obligations and properties exempt from execution:
Justification of sureties
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applied to the payment of fine and costs while the excess, if any,
shall be returned to the accused or to whoever made the deposit.
Recognizance
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Bail, where filed
Release on bail
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The accused must be discharged upon approval of the bail
by the judge with whom it was filed in accordance with section 17
of this Rule.
When bail is filed with a court other than where the case is
pending, the judge who accepted the bail shall forward it, together
with the order of release and other supporting papers, to the court
where the case is pending, which ma, for good reason, require a
different one to be filed.
Forfeiture of bail
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(a) produce the body of their principal or give the reason for
his non-production; and
(b) explain why the accused did not appear before the court
when first required to do so.
Cancellation of bail
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An accused released on bail may be re- arrested without the
necessity of a warrant if he attempts to depart from the
Philippines without permission of the court where the case is
pending.
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in their respective municipalities and submit a report to the
executive judge of the Regional Trial Court having jurisdiction
therein.
A monthly report of such visitation shall be submitted by the
executive judges to the Court Administrator which shall state the
total number of detainees, the names of those held for more than
thirty (30) days, the duration of detention, the crime charged, the
status of the case, the cause for detention, and other pertinent
information.
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(b) To be informed of the nature and cause of the
accusation against him.
(c) To be present and defend in person and by counsel at
every stage of the proceedings, from arraignment to promulgation
of the judgment. The accused may, however, waive his presence
at the trial pursuant to the stipulations set forth in his bail, unless
his presence is specifically ordered by the court for purposes of
identification. The absence of the accused without justifiable
cause at the trial of which he had notice shall be considered a
waiver of his right to be present thereat. When an accused under
custody escapes, he shall be deemed to have waived his right to
be present on all subsequent trial dates until custody over him is
regained. Upon motion, the accused may be allowed to defend
himself in person when it sufficiently appears to the court that he
can properly protect his rights without the assistance of counsel.
(d) To testify as a witness in his own behalf but subject to
cross-examination on matters covered by direct examination. His
silence shall not in any manner prejudice him.
(e) To be exempt from being compelled to be a witness
against himself.
(f) To confront and cross-examine the witnesses against him
at the trial. Either party may utilize as part of its evidence the
testimony of a witness who is deceased, out of or can not with
due diligence be found in the Philippines, unavailable, or
otherwise unable to testify, given in another case or proceeding,
judicial or administrative, involving the same parties and subject
matter, the adverse party having the opportunity to cross-examine
him.
(g) To have compulsory, process issued to secure the
attendance of witnesses and production of other evidence in his
behalf.
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(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and in the manner
prescribed by law.
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(f) The private offended party shall be required to appear at
the arraignment for purposes of plea bargaining determination of
civil liability, and other matters requiring his presence. In case of
failure of the offended party to appear despite due notice, the
court may allow the accused to enter a plea of guilty to a lesser
offense which is necessarily included in the offense charged with
the conformity of the trial prosecutor alone. (cir. 1-89)
(g) Unless a shorter period is provided by special law or
Supreme Court circular, the arraignment shall be held within thirty
(30) days from the date the court acquires jurisdiction over the
person of the accused. The time of the pendency of a motion to
quash or for a bill of particulars or other causes justifying
suspension of the arraignment shall be excluded in computing the
period. (sec. 2, cir.38-98)
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require the prosecution to prove his guilt and the precise degree
of culpability. The accused may present evidence in his behalf.
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available, the court may appoint any person resident of the
province and good repute for probity and ability, to defend the
accused.
Bill of particulars
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otherwise privileged, which constitute or contain evidence
material to any matter involved in the case and which are in the
possession or under the control of the prosecution, police, or
other law investigating agencies.
Suspension of arraignment
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The motion to quash shall be in writing, signed by the
accused or his counsel and shall distinctly specify its factual and
legal grounds. The court shall consider no ground other than
those stated in the motion, except lack of jurisdiction over the
offense charged.
Grounds
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Amendment of complaint or information
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An order sustaining the motion to quash is not a bar to
another prosecution for the same offense unless the motion was
based on the grounds specified in section 3 (g) and (i) of this
Rule.
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Provisional Dismissal
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Pre-trail; mandatory in criminal cases
Pre-trial agreement
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If the counsel for the accused or the prosecutor does not
appear at the pre-trial conference and does not offer an
acceptable excuse for his lack of cooperation, the court may
impose proper sanction of penalties. (sec.5, cir, 38-98)
Pre-trial order
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other shot-item trial calendar at the earliest possible time so as to
ensure speedy trial. In no case shall the entire trial period exceed
one hundred eighty (180) days from the fi4rst day of trial, except
as otherwise authorized by the Supreme Court. (sec. 8, cir.38-98).
The time limitations provided under this section and the
preceding section shall not apply where special laws of the
Supreme Court provide for a shorter period of trial.
Exclusions
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Delay resulting from a finding of the existence of a
prejudicial question; and
Delay reasonably attributable to any period, not to exceed
thirty (30) days, during which any proceeding concerning the
accused is actually under advisement.
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(f) Any period of delay resulting from a continuance granted
by any court motu proprio, or on motion of either the accused or
his counsel, or the prosecution, if the court granted the
continuance on the basis of its findings set forth in the order that
the ends of justice served by taking such action outweigh the best
interest of the public and the accused in a speedy trial. (sec. 9, cir.
38-98)
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extend it but not to exceed one hundred eighty (180) days from
notice of said order of a new trial. (sec. 1, cir. 38-98)
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custodian that he demands such trial, the latter shall cause notice
to that effect to be sent promptly to the public attorney.
(c) Upon receipt of such notice, the public attorney shall
promptly seek to obtain the presence of the prisoner for trial.
(d) When the custodian of the prisoner receives from the
public attorney a properly supported request for the availability of
the prisoner for purposes of trial, the prisoner shall be made
available accordingly. (sec. 12, cir. 38-98)
Sanctions
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(3) By denying any defense counsel or prosecutor the
right to practice before the court trying the case for a
period not exceeding thirty (30) days. The punishment
provided for by this section shall be without prejudice
to any appropriate criminal action or other sanction
authorized under these rules. (sec. 13, cir. 38-98)
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Order of trial
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same, or that other similar circumstances exist that would make
him unavailable or prevent him from attending the trial. The
motion shall be supported by an affidavit of the accused and such
other evidence as the court may require.
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When it satisfactorily appears that a witness for the
prosecution is too sick or infirm to appear at the trial as directed
by the court, or has to leave the Philippines with no definite date
of returning, he may forthwith be conditionally examined before
the court where the case is pending. Such examination, in the
presence of the accused, or in his absence after reasonable
notice to attend the examination has been served on him, shall be
conducted in the same manner as an examination at the trial.
Failure or refusal of the accused to attend the examination after
notice shall be considered a waiver. The statement taken may be
admitted in behalf or against the accused.
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(b) There is no other direct evidence available for the
proper prosecution of the offense committed, except the
testimony of said accused;
(c) The testimony of said accused can be substantially
corroborated in its material points;
(d) Said accused does not appear to be the most guilty; and
(e) Said accused has not at any time been convicted of any
offense involving moral turpitude.
Evidence adduced in support of the discharge shall
automatically form part of the trial. If the court denies the motion
for discharge of the accused as state witness, his sworn
statement shall be inadmissible in evidence.
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Appointment of acting prosecutor
The judge may, motu proprio, exclude the pubic from the
courtroom if the evidence to be produced during the trial is
offensive to decency or public morals. He may also, on motion of
the accused, exclude the public from the trial except court
personnel and the counsel of the parties.
Demurrer to evidence
After the prosecution rests its case, the court may dismiss
the action on the ground of insufficiency of evidence (1) on its
own initiative after giving the prosecution the opportunity to be
heard or (2) upon demurrer to evidence filed by the accused with
or without leave of court.
If the court denies the demurrer to evidence filed with leave
of court, the accused may adduce evidence in his defense. When
the demurrer to evidence is filed without leave of court, the court
waives the right to present evidence and submits the case for
judgment on the basis of the evidence for the prosecution.
The motion for leave of court to file demurrer to evidence
shall specifically state its grounds and shall be filed within a non-
extendible period of five (5) days after the prosecution rests its
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case. The prosecution may oppose the motion within a non-
extendible period of five (5) days from its receipts.
If leave of court is granted, the accused shall file the
demurrer to evidence within a non-extendible period of ten (10)
days from notice. The prosecution may oppose the demurrer to
evidence within a similar period from its receipts.
The order denying the motion for leave of court to file
demurrer to evidence or the demurrer itself shall not be
reviewable by appeal or by certiorari before judgment.
Reopening
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If the judgment is of conviction, it shall state (1) the legal
qualification of the offense constituted by the acts committed by
the accused and the aggravating or mitigating circumstances
which attended its commission; (2) the participation of the
accused in the offense, whether as principal, accomplice, or
accessory after the fact; (3) the penalty imposed upon the
accused; and (4) the civil liability or damages caused by his
wrongful act or omission to be recovered from the accused by the
offended party, if there is any, unless the enforcement of the civil
liability by a separate civil action has been reserved or waived.
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charged is included in or necessarily includes the offense proved,
the accused shall be convicted of the offense proved which is
included in the offense charged, or of the offense charged which
is included in the offense proved.
Promulgation of judgment
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offense from non-bailable to bailable, the application for bail can
only be filed and resolved by the appellate court.
The proper clerk of court shall give notice to the accused
personally or through his bondsman or warden and counsel,
requiring him to be present at the promulgation of the decision. If
the accused was tried in absentia because he jumped bail or
escaped from prison, the notice to him shall be served at his last
known address.
In case the accused fails to appear at the scheduled date of
promulgation of judgment despite notice, the promulgation shall
be made by recording the judgment in the criminal docket and
serving him a copy thereof at his last known address or thru
counsel.
If the judgment is for conviction and the failure of the
accused to appear was without justifiable cause, he shall lose the
remedies available in these rules against the judgment and the
court shall order his arrest. Within fifteen (15) days from
promulgation f judgment, however, the accused may surrender
and file a motion for leave of court to avail of these remedies. He
shall state the reasons for his absence at the scheduled
promulgation and if he proves that his absence was for a
justifiable cause, he shall be allowed to avail of said remedies
within fifteen (15) days from notice.
Modification of judgment
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satisfied or served, or when the accused has waived in writing his
right to appeal, or has applied for probation.
Entry of judgment
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(b) That new and material evidence has been discovered
which the accused could not with reasonable diligence have
discovered and produce at the trial and which if introduce and
admitted would probably change the judgment. (2a)
Hearing on motion
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(a) When a new trial is granted on the ground of errors of
law or irregularities committed during the trial, all the proceedings
and evidence affected thereby shall be set aside and taken anew.
The court may, in the interest of justice, allow the introduction of
additional evidence.
(b) When a new trial is granted on the ground of newly-
discovered, the evidence already adduced shall stand and the
newly-discovered and such other evidence as the court may, in
the interest of justice, allow to be introduced shall be taken and
considered together with the evidence already in the record.
(c) In all cases, when the court grants new trial or
reconsideration, the original judgment shall be set aside or
vacated and a new judgment rendered accordingly.
Where to appeal?
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(d) To the Supreme Court, in cases decided by the Court
of Appeals.
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If personal service of the copy of the notice of appeal can
not be made upon the adverse party or his counsel, service may
be done by registered mail or by substituted service pursuant to
sections 7 and 8 Rule 13.
Waiver of notice
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shall specify in writing. The stenographic reporter shall certify to
the correctness of the notes and the transcript thereof, which shall
consist of the original and four copies, and shall file said original
and four copies with the clerk without unnecessary delay.
If death penalty is imposed, the stenographic reporter shall,
within thirty (30) days from promulgation of the sentence, file with
the clerk the original and four copies of the duly certified transcript
of his notes of the proceedings. No extension of time for filing of
said transcript of stenographic notes shall be granted except by
the Supreme Court and only justifiable grounds.
Within five(5) days from the filing of the notice of appeal, the
clerk of the court with whom the notice of appeal was filed must
transmit to the clerk of court of the appellate court the compete
record of the case, together with said notice. The original and
three copies of the transcript of stenographic notes, together with
the record, shall also be transmitted tot he clerk of the appellate
court without undue delay. The other copy of the transcript shall
remain in the lower court.
(a) Within five (5) days from perfection of the appeal, the
clerk of curt shall transmit the original record to the appropriate
Regional Trial Court.
(b) Upon receipt of the complete record of the case,
transcripts and exhibits, the clerk of court of the Regional Trial
Court shall notify the parties of such fact.
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(c) Within the fifteen (15) days from receipt of said notice,
the parties may submit memoranda or briefs, or may be required
by the Regional Trial Court to do so. After the submission of such
memoranda or briefs, or upon the expiration of the period to file
the same, the Regional Trial Court shall decide the case on the
basis of the entire record of the case and of such memoranda or
briefs as may have been filed
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Withdrawal of appeal
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Uniform Procedure
Uniform Procedure
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receipt of the notice to file brief and he establishes his right
thereto.
Form of briefs
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Briefs shall be printed, encoded or typewritten in double
space on legal size good quality unglazed paper, 30 mm. in length
by 216 mm. in width.
Contents of brief
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practicable time with due regard to the rights of the parties. The
accused need not be present in court during the hearing of the
appeal.
Scope of judgment
The Court of Appeals shall have the power to try cases and
conduct hearings, receive evidence and perform any and all acts
necessary to resolve factual issues raised in cases (a) falling
within its original jurisdiction, (b) involving claims for damages
arising from provisional remedies, or (c) where the court grants a
new trial based only on the ground of newly – discovered
evidence.
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Quorum of the court; certification or appeal of cases to
Supreme Court
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At any time after the appeal from the lower court has been
perfected and before the judgment of the Court of Appeals
convicting the appellant becomes final, the latter may move for a
new trial on the ground of newly-discovered evidence material to
his defense. The motion shall conform to the provision of section
4, Rule 121. (14a)
Reconsideration
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the original record which shall be remanded to the clerk of the
court whom from which the appeal was taken.
Uniform procedure
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if no decision is reached after re-deliberation, the judgment of
conviction of the lower court shall be reverse and the accused
acquitted.
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(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of
the offense, or
(c)Used or intended to be used as the means of committing
an offense.
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Right to bread door or window to effect search
A search warrant shall be valid for ten (10) days from its
date. Thereafter, it shall be void.
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The officer seizing property under the warrant must give a
detailed receipt for the same to the lawful occupant of the
premises in whose presence the search and seizure were made,
or in the absence of such occupant, must, in the presence of at
least two witnesses of sufficient age and discretion residing in the
same locality, leave a receipt in the place in which he found the
seized property.
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A person lawfully arrested may be searched for dangerous
weapon or anything which may have been used or constitute
proof in the commission of an offense without a search warrant.
Attachment
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any judgment that may be recovered from the accused in the
following cases:
(a) When the accused is about to abscond from the
Philippines;
(b) When the criminal action is based on a claim for
money or property embezzled or fraudulently misapplied or
converted to the use of the accused who is a public officer, officer
of a corporation, attorney, factor, broker, agent or clerk, in the
course of his employment as such, or by any other person in a
fiduciary capacity, or for a willful violation of duty;
(c)When the accused has concealed, removed, or disposed
of his property, or is
about to do so, and
(d) When the accused resides outside the Philippines.
…oΩo…
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CRIMINAL EVIDENCE
WHAT IS EVIDENCE?
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fact in issue. (Vicente Francisco, The Revised Rules of Court in
the Philippines, 1990 Ed., citing 1 Elliot on Evidence, p. 5)
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Cumulative evidence – evidence of the same kind and
character as that already given, and tends to prove the same
proposition (Francisco, Ibid., citing Gardner vs. Gardner, 2 Gray
(Mass. 434), p. 5)
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WHERE ARE OUR RULES OF EVIDENCE FOUND?
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The object of the law of evidence is to have a specific
inquiry of the truth to establish the truth by the use of the
perceptive and reasoning faculties (Martin, supra., p. 2)
Yes, the rules of evidence shall be the same in all courts and
in all trials and hearings except as otherwise provided by law or
these rules (Sec. 2, Rule 128)
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b. that is competent. That is, that it does not belong to the
class of evidence which is excluded by the law or Rules
of Evidence ( Vicente Francisco, The Revised Rules of
Court in the Philippines, Vol. VII, 1990 Ed., p. 19 )
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WHAT ARE THE TWO AXIOMS OF ADMISSIBILITY WHICH
UNDERLIE THE ENTIRE STRUCTURE OF THE LAW OF
EVIDENCE?
They are:
a. multiple admissibility;
b. conditional admissibility;
c. curative admissibility
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It means that the evidence which appear to be material is
admitted by the court subject to the condition that its connection
to other facts subsequently to be proved will be established
(People vs. Yatco. Supra)
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WHAT ARE COLLATERAL MATTERS?
Collateral matters are those other than the facts in issue and
which are offered as a basis for inference as to existence of the
facts in issue (Sec. 4, Rule 129)
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WHAT IS THE BASIS OF THE RULES OF EVIDENCE?
The basis upon which all rules of evidence must rest, if they
are to rest upon reason, is their adaptation to the successful
development of the truth; and the rule of evidence at one time
though necessary to the ascertainment of truth should yield to the
experience has clearly demonstrate the fallacy or unwisdom of
the old rule (Nuevas Remedial Law Reviewer, 1971 Ed., A & J
Publishing, p. 534 citing Funk vs. U.S., 290 U.S. 391)
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The doctrine of judicial notice is based upon obvious reasons
of convenience and expediency and operated to have trouble,
expense and time which would be lost in establishing, in the
ordinary way, facts which do not admit of contradiction (Nuevas,
Ibid., p. 535 citing 20 Am., Jur. 47; Tracy’s Handbook, 62 ed., p.
44)
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WHEN IS JUDICIAL NOTICE DISCRETIONARY?
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Through admission may be contradicted only by showing
that it was made through palpable mistake or that no such
admission was made ( Sec. 4, Rule 129 )
The following:
c. the evidence must e relevant; ( Sec. 1, Rule 130 )
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d. indecent or improper objects should be excluded,
unless the same is necessary for ascertaining the truth;
( Brown vs. Swineford, 28 Am. Rep. 582 )
e. repulsive objects should also be excluded if not
absolutely necessary for the administration of justice
(Knowless vs. Crampton, 55 Conn. 366 )
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THE RULE IS THAT, NO EVIDENCE SHALL BE
ADMISSIBLE OTHER THEN THE DOCUMENTS ITSELF,
ARE THERE EXCEPTION?
The following:
a. the original of a document is one of the contents of which
are the subject of inquiry
b. when a document is in two or more copies executed at or
about the same time, with identical contents, all such copies are
equally regarded as originals
c. when an entry is repeated in a regular course of business,
one being copied from another at or near the time of transaction,
all the entries are likewise equally regarded as originals ( Sec. 4,
Rule 130 )
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HOW MAY THE ORIGINAL OF A LOST OR DESTROYED
DOCUMENT BE PROVED?
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No. A party who calls for the production of a document and
inspects the same is not obliged to offer it as evidence
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a. an intrinsic ambiguity mistake, or imperfection in the
written agreement;
b. the failure of the written agreement to express the true
intent and agreement of the parties thereto;
c. the validity of written agreement;
d. the existence of other terms agreed to by the parties or
their successors in interest after the execution of the written
agreement
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3. For the proper construction of an instrument, the
circumstances under which it was made, including the
situation of the subject thereof and of the parties to it,
may be shown, so that the judge may be place in the
position of those whose language he is to interpret ( Sec.
13, Rule 130 )
4. The terms of writing are presumed to have been used in
their primary and general acceptation, but evidence is
admissible to show that they have local, technical, or
otherwise peculiar signification, and were so used and
understood in the particular instance, in which case the
agreement must be constructed accordingly ( Sec. 14,
Rule 130 )
5. When an instrument consists partly of written words and
partly of a printed form, and the two are inconsistent, the
former controls the latter ( Sec. 15, Rule 130 )
6. When the character in which the instruments are difficult
to be deciphered, or the language is not understood by
the court, the evidence of persons skilled in deciphering
the character, or who understand the language is
admissible to declare the characters or the meaning of
the language ( Sec. 16, Rule 130 )
7. When the terms of an agreement have been intended in a
different sense by the different parties to it, that sense is
to prevail against either party in which he supposed the
other understood it, and when different constructions of a
provision are otherwise equally proper, that is to be taken
which the most favorable to the party in whose favor the
provision was made ( Sec. 17, Rule 130 )
8. When an instrument is equally susceptible of two
interpretations, one in favor of natural right and the other
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against it, the former is to be adopted ( Sec. 18, Rule 130
)
9. An instrument may be construed according to usage, in
order to determine its true character ( Sec. 19, Rule 130 )
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merely affects his credibility, not his competency ( Moran,
Remedial Law Reviewer, p. 578 )
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of a sound mind, he is to be perceived. “(Gebhar vs. Shindle, 15
Serg. & R. (Pa 283)
During their marriage, neither the husband nor the wife may
testify for or against the other without the consent of the affected
spouse, except in a civil case by one against the other or the
latter’s direct descendants or ascendants ( Sec. 22, Rule 130 )
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WHAT IS THE REASON FOR THE RULE
FORBIDDING ONE SPOUSE TO TESTIFY FOR OR
AGAINST THE OTHER?
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Yes. In giving such testimony, the husband must, in all
fairness, be held to have intended all its natural and necessary
consequences. By his said act, the husband – himself exercising
the very right which he would deny to his wife upon the ground of
their marital relations – must be taken to have waived all
objections to the latter’s testimony upon rebuttal, even
considering that such object would have been available at the
outset. (People vs. Francisco, 78 Phil 694)
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a. the husband or the wife, during or after the marriage,
cannot be examined without the consent of the other as to any
communication receive in confidence by one from the other during
the marriage except in a civil case by one against the other, or in
the criminal case for a crime committed by one against the other
or the latter’s direct descendants or ascendants;
b. an attorney cannot, without the consent of his client, be
examined as to any communication made by the client to him, or
his advice given thereon in the course of, or with a view to,
professional employment, nor can an attorney’s secretary,
stenographer, or clerk be examined, without the consent of the
client and his employer, concerning any fact the knowledge of
which has been acquiring in such capacity;
c. a person authorized to practice medicine, surgery or
obstetrics.
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advice given thereon in the course of, or with a view to,
professional employment, nor can an attorney’s secretary,
stenographer, or clerk be examined, without the consent of the
client and his employer, concerning any fact the knowledge of
which has been acquired in such capacity;
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WHAT IS THE REASON FOR THIS PRIVELEGE?
The following:
a) There must be a relation of attorney and client;
b) There must be a communication by the client to the
attorney, or advice thereon given by the latter to the
former;
c) The communication or advice must have been given
confidentially;
d) The communication must have been made in the course
of professional employment.
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WHAT IS THE REASON FOR THIS PRIVILEGE?
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This privilege does not apply to an action filed by the lawyer
against his client, and this exception is for the protection of the
lawyer. (Hunt vs. Blackburn, 128 U.S. 464)
The following:
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untrammeled by apprehension of their subsequent and enforced
disclosure and publication on the witness stand. (Nuevas, Ibid.,
562 citing Will of Bruendl, 102 Wis. 47)
The following:
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d) The confession must have been made in the course of
discipline enjoined by the church to which the penitent
belongs.
The following:
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therefore, intends that secrecy be permanent. (Moran, Ibid., p.
509)
WHAT IS AN ADMISSION?
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declares against his own interest, but not if he advocates his
interest. (Lichauco vs. Atlantic Gulf, etc., supra).
CLASSIFY ADMISSIONS
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A plea of guilty later withdrawn, or an unaccepted offer of a
lea of guilty to a lesser offense, is not admissible in evidence
against the accused who made the plea or offer. (Sec. 27, Rule
130).
DEFINE COMPROMISE
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such point a mere offer of compromise. On the other hand, if the
intention is apparently a liability recognized as such, the proposal
is an ordinary admission. (Martin, Revised Rules on Evidence,
1985 Ed., p. 220 citing 31- A C.J.S. 728-729)
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The act or declaration of a partner or agent of the party
within the scoop of his authority and during the existence of the
partnership or agency, may be given in evidence of the
partnership or agency, against such party after the partnership or
agency is shown by evidence other than such act or declaration.
The same rule applies to the act or declaration of a joint owner,
joint debtor, or other person jointly interested with the party.
(Sec. 29, Rule 130).
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STATE THE RULE ON ADMISSION BY CONSPIRACTOR?
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DEFINE PRIVIES.
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2. When the party had no opportunity to comment on the act or
declaration; (People vs. Ranario, 49 Phil. 220)
3. Where the act or declaration was made in the course of an
official investigation; (U.S. vs Dela Cruz 12 Phil. 87)
DEFINE CONFESSION
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CLASSIFY CONFESSIONA AND DEFINE EACH
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IN ORDER TO RENDER A CONFESSION INVOLUNTARY
ON THE GROUND OF FORCE AND VIOLENCE, IS IT
REQUIRED THAT IT BE DIRECTLY EMPLOYED UPON
THE PERSON OF THE ACCUSED? WHY?
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the confession would be hearsay and res inter alios acta (People
vs. Talledo, 85 Phil. 533)
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Unless such confession can be considered as part of the res
gestae, it cannot be received in favor of the accused for the
reason that the same is hearsay. (People vs. Catalino, L-25403,
March 15, 1968) Besides, the court before which said extra-
judicial confession is offered has ample power to determine its
credibility, and the court may discard the same if it finds the
confession in inherently improbable. (Ibid)
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To admit the proof of crimes other that the particular one
with the accused is charged would be unfair to the accused. It will
compel the defendant to meet the charges of which the indictment
gives him no information, confuses him in his defense, raises a
variety of issue, and thus diverts the attention of the court from
the charge immediately before it. In fact it would be allowing
evidence of collateral offenses as substantive evidence of the
offense on trial (Martin, Revised Rules on Evidence, p. 290 citing
20 Am. Jur. 288-289
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part from the veracity and competency of some other person.
(Clement vs. Packer, 125 U.S. 309) It is not limited to oral
testimony; it also includes writings. (Nuevas, Ibid., p. 576 citing
20 Am. Jur. 400)?
The following:
a) Dying declaration;
b) Declaration against interest;
c) Act or declaration about pedigree;
d) Family reputation or tradition regarding pedigree;
e) Common reputation;
f) Part of the res gestae;
g) Entries in the course of business;
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h) Entries in official records;
i) Commercial lists and the like;
j) Learned treatises; and
k) Testimony or disposition at a former proceeding.
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WHY IS A DYING DECLARATIN ADMISSIBLE? DISCUSS
BRIEFLY.
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IS THE INSTANTEOUS DEATH OF DECLARANT SHOULD
FOLLOW IMEDIATELY AFTER MAKING HIS DYING
DECLARATION?
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mental impressions or opinions. Thus, a dying statement that the
deceased thought or believed the accused had shot him, or that
he expected the accused would try to kill him, is inadmissible
where the deceased did not see his assailant, but based his
declaration wholly upon threats which had been made by the
accused. (Ruperto Martin, Ibid., p. 318 citing state vs. Horn, 204,
No. 528, 103 S.W. 96)
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WHY IS A DECLARATION AGAINST INTEREST
ADMISSIBLE? DISCUSS BRIEFLY.
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The act or declaration of a person deceased, or unable to
testify, in respect to the pedigree of another person related to him
by birth or marriage, may be received in evidence where it
occured before the controversy, and the relationship between the
two persons is shown by evidence other than such act or
declaration. The word “pedigree” includes relationship, family
genealogy, birth, marriage, death, the dates when and the places
where these facts occurred, and the names of the relatives. It
embraces also facts of family history intimately connected with
pedigree. (Sec. 39, Rule 130)
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matters which members of the family are presumed to be
interested in ascertaining the truth. (J.Nuevas, Ibid., p. 582 citing
Fulkenson vs. Holmes, 117 U.S. 389; III Wigmore 218; Tracy’s
Handbook, 62 Ed., p. 259
1. Relationship;
2. Family genealogy;
3. Birth;
4. Marriage;
5. Death;
6. Dates when the places where these facts occurred;
7. Names of relatives; and
8. Facts of family history intimately connected with pedigree.
(Sec. 39, Rule 130)
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on rings, family portraits and the like, may be received as
evidence of pedigree. (Sec. 40, rule 130)
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WHEN IS EVIDENCE OF COMMON REPUTATION
ADMISSIBLE?
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the house itself is the issue, so that testimony of witnesses
thereto is not hearsay. (U.S. vs. Choa Chick, 36 Phil. 831)
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connected therewith as to constitute a part of the transaction. (R.
Martin, Ibid., p. 349 citing Underhill’s Criminal Evidence, p. 348)
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WHAT ARE THE REQUISITES OF VERBAL ACTS?
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WHAT IS AN EQUIVOCAL ACT FOR THE PURPOSE OF
THE RULE ON VERBAL ACTS?
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present rule, any statements made by the parties during such
equivocal conduct showing it to be matrimonial, meretricious or
otherwise, are admissible as verbal acts. (Morann, Ibid., p. 636
citing Matter of Taylor, 9 Paige (N.Y.), 611)
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5. The entries must have been made in the ordinary or
regular course of business. (Ruperto G. Martin, Revised
Rules on Evidence, vol. IV. 1989 Ed., p. 363)
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refresh his memory. (Cang Ui vs. Gardner, 34 Phil. 376). But, if
notwithstanding the aid of his entry as a memorandum, the
entrant cannot recollect the facts stated therein, and then his
entry is admissible as independent evidence, provided all the
other requisites for its admissibility are present. (Shove vs. Wiley,
18 Mass. 558)
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They are admissible on two grounds, namely, (a) necessity,
and (b) trustworthiness. Necessity, because litigations are
numberless in which the testimony of public officials is required,
and trustworthiness, because the law reposes a particular
confidence in public officials such that is presumes that they will
discharge their duties with fidelity and accuracy. (Antillon vs.
Barcelon, 37 Phil. 148)
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2. the compilation is published for use by person engaged
in that occupation; and
3. it is generally used and relied upon by them therein.
(Ruperto Martin, ibid., p. 378)
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The testimony or deposition of a witness deceased or
unable to testify, given in a former caser of proceeding, judicial or
administrative, involving the same parties and subject matter, may
be given in evidence against the adverse party who had the
opportunity to cross-examine him. (Sec. 47, Rule 130)
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As a rule, a witness must confine his testimony to matters
within his actual knowledge. He cannot be asked questions
calling for his opinion or conclusions upon facts, which are for the
court to make. (J. Nuevas, Ibid., p 595 citing 20 Am. Jur. 635).
Hence, the opinion of a witness is not admissible. (Sec. 48, Rules
130)
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a) The fact to be proved is one requiring expert knowledge;
and
b) The witness is really an expert. (Nuevas, Ibid., p. 595
citing 20 Am. Jur. 647-649)
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value as proof, or they can even counter-balance such evidence
with the other elements of conviction which may have been
adduced during the trial. (R. Martin, Ibid., p. 409 U.S. vs. Trono,
et. al., 3 Phil. 219-220).
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Mental insanity may be proven by the opinion of ordinary
witnesses, but when the mental disease is to be inferred from an
examination and observation of its symptoms, the opinion of an
expert is necessary. (Torres vs. Lopex, 48 Phil. 772)
The following:
DEFINE CHARACTER
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Character is defined s that “combination of properties,
qualities or peculiarities which distinguishes one person from
others.” (Martin, Ibid., p. 420 citing The Cmaberlayne Trial
Evidence, p. 578)
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crooked man. (Moran, Ibid., p. 657 citing People vs. Shen, 147 N.
Y. 78, 41 N.E. 508)
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When it has been proven that the accused committed the
unlawful acts alleged, it is properly presumed that they were
committed with full knowledge and with criminal intent, and it is
incumbent upon them to rebut such presumption. (R. Martin,
Ibid., p. 441 citing State vs. Sullivan, 34 Idaho 68, 199 p. 647, 17
A.L.R. 902)
WHAT IS A PRESUMPTION?
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disputable presumption or presumption juris tantum. Conclusive
presumptions are inferences which the law makes so peremptory
that it will not allow them to be overturned by any contrary proof
however strong. (Mercado vs. Santos, 66 Phil. 216) Disputable
presumptions are those presumptions which may be disputed,
opposed, refuted or rebutted. Such presumptions continue until
overcome by proof to the contrary or by some stronger
presumption. (R. Martin, Ibid., p 447 citing Annotation: Ann. Cas.
1917 E. 11221).
IS PRESUMPTION EVIDENCE?
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truth in order to prevent fraud and falsehood and imposes silence
on a party only when in conscience and honesty he should not be
allowed to speak. (R. Martin, Ibid., p. 449 citing 19 Am. Jur. 641).
Through estoppel an admission or presentation is rendered
conclusive upon the person making it and cannot be denied or
disproved as against the person relying thereon. (Art. 1431, New
Civil Code of the Philippines)
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6. That money paid by one to another was due to the
latter;
7. That a thing delivered by one to another belonged to the
latter;
8. That an obligation delivered up to the debtor has been
paid;
9. That prior rents or installments had been paid when a
receipt for the latter ones is produced;
10. That a person found in possession of a thing in the
doing of a recent wrongful act is the taker and the doer of
the whoe act; otherwise, that things which a person
possesses, or exercises acts of ownership over, are owned
by him;
11. That a person in possession of an order on himself for
the payment of the money, or the delivery of anything, has
paid, the money, or the delivery of anything, has paid the
money or delivered the thing accordingly;
12. That a person acting in a public office was regularly
appointed or elected to it;
13. That official duty has been regularly performed;
14. That a court, or judge acting as such, whether in the
Philippines or elsewhere was acting in the lawful exercise of
jurisdiction;
15. That all the matters within an issue raised in a case
were laid before the court and passed upon by it; and in like
manner that all matters within an issue raised in a dispute
submitted for arbitration were laid before the arbitrators and
passed upon by them;
16. The private transactions have been fair and regular;
17. That the ordinary course of business has been followed;
18. That there was a sufficient consideration for a contract;
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19. That a negotiable instrument was given or indorsed for a
sufficient consideration;
20. That an endorsement of a negotiable instrument was
made before the instrument was overdue and at the place
where the instrument is dated;
21. That a writing is truly dated;
22. That a letter duly directed and mailed was received in
the regular course of the mail;
23. That after an absence of seven years, it being unknown
whether or not the absentee still lives, he is considered
dead for all purposes, except for those of succession.
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upon a theory of guilt where it is possible to do so. The accused
is not to be presumed guilty because the facts are consistent with
his guilt; this will be done where the facts are inconsistent with his
innocence. (Vicente J. Francisco, The Revised Rules of Court in
the Philippines (Evidence), Vol, VII, Part I, 1990 Ed., p. 79-80
citing Wharton’s Criminal Evidence, 11th Ed., Sec. 72).
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EXPLAINT EH PRESUMTION “THAT A PERSON INTENDS
THE ORDINARY CONSEQUENCES OF HIS VOLUNTARY
ACT.”
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b) The suppression is not in the exervcise of a
privilege; (U.S. vs. Melchir, 2 Phil. 588)
c) The evidence suppressed is not merely
corroborative or cumulative; (People vs. Tuazon, 56 Phil.
649) and
d) The evidence is at the disposal only of the
suppressing party. (People vs. Otero, 51 Phil 201)
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anmd, or for the application of the presumption of doer of
the whole act.
e) It must be shown that the goods were looted
at the same time, in the ssame place and on the same
occasion. (People vs. De Jose, CA-G-R. No. 02352- CR,
Jan. 31, 1963)
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They are admissible when the facts from which they may be
deduced are fully proven; a presumption cannot be made to rest
on another presumption. (Cuaycong vs. Rius, 86 Phil. 170)
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MUST A WITNESS ANSWER ANY QUESTION ASKED?
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c) Re-direct examination by the proponent;
d) Re-cross-examination by the opponents. (Sec. 4)
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WHEN MAY A WITNESS BE RECALLED?
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A misleading question is one which assumed as true a fact
not yet testified to by the witness, or contrary to that which he has
previously stated. It is not allowed (Sec. 10)
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A witness may be considered as unwilling or hostile only if
so declared by the court upon adequate showing of his adverse
interest, unjustified reluctance to testify of his having misled the
party into calling him to the witness stand. (Sec. 12)
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also cause witnesses to be kept separate and to be prevented
from conversing with one another until all shall have been
examined. (Sec. 15)
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necessary to its understanding may also be given in evidence.
(Sec. 17).
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WHAT IS THE PRE-REQUISITE FOR THE ADMISSIBILITY
OF A PRIVATE DOCUMENT?
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respecting the handwriting may also be given by a comparison,
made by the witness or the court, with writings admitted or treated
as genuine by the party against whom the evidence is offered, or
proved to be genuine to the satisfaction of the judge. (Sec. 22)
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Whenever a copy of a document or record is attested for the
purpose of evidence, the attestation must state, in substance, that
the copy is a correct copy of the original or a specific part thereof,
as the case may be. The attestation must be under the official
seal of the attesting officer, if there be any, or if he be the clerk of
a court having a seal, under the seal of such court. (Sec. 25)
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record or entry of a specified tenor is found to exist in the records
of his office, accompanied by a certificate as above provided, is
admissible as evidence that the records of his office contain no
such records or entry. (Sec. 28).
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alteration. He may show that the alteration was made by another
without his concurrence, or was made with the consent of the
parties affected by it or was otherwise properly or innocently
made, or that the alteration did not change the meaning or
language of the instrument. If he fails to do that, the document
shall not be admissible in evidence. (Sec. 31)
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As regards the testimony of a witness, the offer must be
made at the time the witness is called to testify. Documentary and
object evidence shall be offered after the presentation of a party’s
testimonial evidence. Such offer shall be done orally unless
allowed by the court to be done in writing. (Sec. 35)
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adverse party to record his continuing objection to such class of
questions. (Sec. 37)
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The ruling of the court must be given immediately after the
objection is made, unless the court desires to take a reasonable
time to inform itself on the question presented by the ruling (Sec.
38)
On proper motion, the court may also order the striking out
of answers which are incompetent, irrelevant or otherwise
improper. (Sec. 39)
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of the record. If the evidence excluded is oral, the offeror may
state for the record the name and other personal circumstances of
the witness and the substance of the proposed testimony. (Sec.
40)
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WHAT ARE THE FACTORS TO BE CONSIDERED ON THE
WEIGHT AND SUFFICIENCY OF TESTIMONIAL
EVIDENCE?
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It is the fact of specific loss or injury. In homicide, the fact of
death, whether or not feloniously caused is the corpus delicti
(Cortez vs. Court of Appeals, G.R. No. L-32246, June 2, 1988)
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Substantial evidence has been defined to be such relevant
evidenced as a reasonable mind might accept as adequate to
support a conclusion. (Berenguer, Jr. vs. Court of Appeals, G.R.
No. L-60287, Aug. 17, 1988)
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WHAT SHALL BE ALLEGED IN THE PETITION?
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WHAT SHALL THE COURT DO IF IT IS SATISFIED THAT
THE PERPETUATION OF TESTIMONY MAY PREVENT A
FAILURE OR DELAY OF JUSTICE?
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therefore has not expired, the Regional Trial Court in which the
judgment was rendered may allow the taking of depositions of
witnesses to perpetuate their testimony for use in the event of
further proceedings in the said court. In such case the party who
desires to perpetuate the testimony may make a motion in the
said Regional Trial Court for leave to take the depositions, upon
the same notice and service thereof as if the action was pending
therein. (Sec. 7)
The motion shall show (a) the names and addresses of the
persons to be examined and the substance of the testimony
which he expects to elicit from each; and (b) the reason for
perpetuating their testimony. (Sec. 7)
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…oΩo…
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SPECIAL LAWS
1) Treason;
2) Qualified Piracy/Mutiny
3) Qualified Bribery
4) Parricide
5) Murder
6) Infanticide
7) Kidnapping and Serious Illegal Detention
8) Robbery with Homicide
9) Robbery with Rape
10) Robbery with Intentional Mutilation
11) Robbery with Arson
12) Destructive Arson
13) Rape committed by two or more persons
14) Rape committed with the use of deadly weapon
15) Rape with Homicide or attempted Rape with Homicide
16) Rape attended by any of the following circumstances:
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The victim thereby became insane;
The victim is less than 18 years old and the
offender is an ascendant, a step-parent, guardian,
relative by consanguinity or affinity within the 3rd civil
degree, or the common law spouse of the victim’s
parent;
The victim is under custody of police or
military authorities;
The victim is a religious or a child less than
7 years old;
The rape was committed in full view of the
husband, parent, children or relative within the 3rd civil
degree of consanguinity;
The offender is afflicted with AIDS and is
aware of it;
The offender is a member of the AFP or
PNP or any law enforcement agency; or
The victim thereby suffered permanent
physical mutilation.
17. Plunder
18. Violations of the Dangerous Drugs Act of 1972 as
amended when the quantity of drugs involved in the violation
is equal to or more than that provided under Section 20.
19. Carnapping where the owner, driver or occupant of the
carnapped motor vehicle is killed or raped in the course of
the commission of carnapping or on the occasion thereof.
Nota Bene:
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The Death Penalty Law has been superseded by Republic Act #
9346.
What is PLUNDER?
(a) an appointment;
(b) election; or
(c) contract
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Government of the Republic of the Philippines includes the
National Government, and Any of its subdivisions, agencies or
instrumentalities, including GOCCs and their subsidiaries.
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from any person and/or entity in connection with any
government contract or project or by reason of the office or
position of the public officer concerned;
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A plunder case prescribes in 20 years. However, the right of
the State to recover properties unlawfully acquired by public
officers from them or from their nominees or transferees is not
barred by prescription, laches, or estoppel (does not prescribe).
R.A. 7659…
Suggested Answer:
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Money laundering is a crime whereby the proceeds of an
UNLAWFUL ACTIVITY are transacted; thereby making them
appear to have originated from legitimate sources.
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any unlawful activity, transacts or attempts to transact said
monetary instrument or property;
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offense in connection with the official duties of the latter, or
allowing himself to be persuaded, induced, or influenced to
commit such violation or offense.
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matter pending before him for the purpose of obtaining
directly or indirectly, from any person interested in the
matter some pecuniary or material benefit or advantage, or
for the purpose of favoring his own interest or giving undue
advantage in favor of or discriminating against any other
interested party.
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11) Divulging valuable information of a confidential
character, acquired by his office or by him on account of his
official position to unauthorized persons, or releasing such
information in advance of its authorized release date.
ANSWER:
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CLOSE PERSONAL RELATION includes close personal
relationship, social and fraternal connections, and professional
employment all giving rise to intimacy which assures free access
to such public officer.
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Statement of Assets and Liabilities
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What should be done to the public officer accused of
violation of R.A. No. 3019 during the pendency of the
investigation or during the trial of his case?
The said convicted public officer who was found guilty of the
charges must return or restitute the amount received as
retirement or gratuity benefit to the Government.
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Republic Act No. 7610 - (Anti-Child Abuse Law)
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d) Failure to immediately give medical treatment to an
injured child resulting in serious impairment of his growth and
development or his permanent incapacity or death.
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- Threatening or using violence towards a child to engage
him as a prostitute; or
- Giving monetary consideration, goods or other pecuniary
to a child with the intent to engage such child in
prostitution.
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Any person who receives services from a child in a sauna
parlor, massage clinic, health club and other similar
establishments.
2) CHILD TRAFFICKING
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- When a doctor, hospital, or child clinic official or employee,
nurse, midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking; or
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1) Committing any other act of child abuse, cruelty or
exploitation or be responsible for other conditions prejudicial to
the child’s development;
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1) Offended party;
2) Parents or guardians;
3) Ascendant or collateral relative within the third degree of
consanguinity;
4) Officer, social worker or representative of a licensed
child-caring institution;
5) Officer, social worker of the DSWD;
6) Barangay Chairman;
7) At least 3 concerned responsible citizens where the
violation occurred.
What is CARNAPPING?
DEFINITION OF TERMS:
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NOT USED ON PUBLIC HIGHWAYS,
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1) Taking A] Art. 310, 1) Physical and
2) with intent to RPC Juridical
gain, 1)Taking possession of the
3) of a motor 2) with intent to motor vehicle was
vehicle gain transferred to the
4) belonging to 3) of a motor accused;
another 5) (a) vehicle (e.g. agency to
without the 4) belonging to sale)
latter’s another 2) He
consent, 5) Without the misappropriated
or latter’s consent the same.
(b) by means 6) But without
of violence against
violence or intimidation of
against persons or force
or upon things.
intimidation of
person, or B]
(c) by using Jurisprudence
force 1) Material or
upon physical
things. possession of
the motor
vehicle was
transferred to
the accused;
(e.g. borrowed)
2) He
misappropriated
the same.
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Republic Act No. 6235 - ANTI-HIJACKING LAW
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1) Tapping any wire or cable, or
2) Using any other device or arrangement,
3) To secretly overhear, intercept, or record a
4) Private communication/conversation or spoken word
5) Without the knowledge or consent of all the parties.
1) Cow;
2) Carabao;
3) Horse;
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4) Mule;
5) Ass; or
6) Other domesticated member of the bovine family.
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Clearance for SHIPMENT of LARGE CATTLE
What is “fencing”?
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e) to have been derived from the proceeds of the crime of
robbery or theft.
person,
firm,
association,
corporation or partnership, or
other organizations
who/which commits the act of fencing.
Presumption of FENCING:
What is PIRACY?
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Any person, including a passenger or member of the
crew/complement of the vessel.
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2) Taking away of the property of another by means of
violence against or intimidation of persons or force upon
things or other unlawful means.
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Is the fact that Robbery was committed on Philippine
Highway makes it Highway Robbery or Brigandage?
What is HAZING?
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Requirements before hazing or initiation rites may be conducted:
What is “MURO-AMI”?
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Rights of Persons Arrested, Detained or Under Custodial
Investigation:
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Form of Extrajudicial Confession
It shall be in
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Includes the practice of issuing an “invitation” to a person
who is being investigated in connection with an offense he is
suspected to have committed.
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1. Any person who makes or draws and issues any check to
apply on account or value, knowing at the time of issue that he
does not have sufficient funds in or credit with the drawee bank
for the payment of such checks in full upon its presentment, which
check is subsequently dishonored by the drawee bank.
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3. The accused KNOWS at the time of issuance that he or
she does not have sufficient funds in or credit with the
drawee bank for the payment of the check in full upon its
presentment.
WHOM? By an
1) EMPLOYER,
2) EMPLOYEE,
3) MANAGER,
4) SUPERVISOR,
5) AGENT OF THE EMPLOYER,
6) TEACHER,
7) INSTRUCTOR,
8) PROFESSOR,
9) COACH,
10) TRAINER, or
11) ANY OTHER PERSON HAVING AUHTORITY,
INFLUENCE OR MORAL ASCENDANCY OVER ANOTHER in a
work or training or education environment.
IN WHAT WAY?
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