REVIEWER IN CRIMINAL LAW II

I. R.A 9165 DANGEROUS DRUG ACT

Elements:
1. Identity of the parties (buyer/seller)
2. Object and consideration
3. Delivery of the thing sold – execution of he contract of sale
Ex: offeree → offerror (negotiation) → acceptance (perfection)
4. Payments

2 Kinds of Drugs
1. Dangerous Drugs
2. Controlled precursor

SEC 5 correlate with SEC 26 – penalize conspiracy, attempt to conspiracy.

Even if there was no payment/delivery of the drug, if proven, there was
conspiracy and selling even if not perfected, the person selling is liable.
Penalty is the same.

SEC 11 POSSESSIONS OF ILLEGAL DRUGS – the trading, administration,

delivery of dangerous drugs/controlled precursor.

Elements:
1. The accused is in possession without authority.
2. Freely and consciously posses the drug.
3. Possession must be actual, constructive.
4. Need not be inclusive but may be joint.
• In the case of People vs Huang the Supreme Court held that
possession need not be actual but constructive.

HOW DO YOU KNOW IF THE POSSESSION WAS ACTUAL? – (a) if holding and
using it (b) if you have control over it, it means where it was recovered.

SEC 12 POSSESSION OF PARAPHERNALIA – The possession of such shall be

prIma facie evidence that the possessor has smoked, consumed,
administered to himself/herself, injected or used a dangerous drug.

SEC 13 TWO OR MORE ACCUSED

SEC 15 USE OF DANGEROUS DRUG – shall be liable as user at the
Confirmatory Test which is a test to determine if you are a user.

Liabilities: Possession + user (possession if found in your possession and

being a user is absorb) SEC 15 is absorb by SEC 13.

Liabilities” Possession + Paraphernalia

 • separate crime under Sec 14 and 12
• guilty as a user and of possession

ex: Marijuana + Shabu

• separate crime charge of 2 counts
• they are 2 different drugs

SEC 21 REQUIREMENT TO PROVE THE IDENTITY OF A DRUG SEIZED FROM

THE ACCUSED. – to protect or safeguard the identity of the seized drug.

Elements:
1. There must be markings to preserve the identity;
2. Should have inventory (a) what are those drugs; (b) how many drugs
3. It should have photographed in he presence of the accused
4. It should be done in the crime scene
o all these must be in the presence of the accused and counsel
o It can be done in the nearest precinct provided the official must
explain why.
5. within 24 hours.

SEC 36 DRUG TESTING – For Students, officers and employees of public and
private offices and officers and members of military, police and other law
enforcement shall undergo a mandatory drug test. According to the Supreme
Court all persons charged before the prosecutors office with a criminal
offense have a penalty of not less than 6 yrs and all candidates for public
office whether appointed or elected shall not undergo mandatory drug
testing.

ART 200 GRAVE SCANDAL – consists of acts which are offensive to decency
and good customs which having been committed publicly, have given rise to
public scandal to persons who have accidentally witnessed the same.

Elements:

1. That the offender performs an act

2. That such act be highly scandalous as offending against decency or
good customs
3. That the highly scandalous conduct is not expressly falling within any
other article of this code.
4. That the act or acts complained of be committed in a public place or
within the public knowledge or view.

ART 202 – VAGRANTS (habitual loitering in a public place) AND

PROSTITUTES (habitually committed.

Art 203 – CRIMES COMMITTED BY PUBLIC OFFICERS (any person who by

direct provision appointed/elected shall take part).
 ART 204 – DERELICTION OF DUTY

MISFEASANCE – improper performance of some act which might

lawfully be done.

MALFEASANCE – Performance of an act which ought NOT to be done.

NONFEASANCE – omission of some act which ought to be performed.

ART 204, 205, 206 & 207 – manifest the unjust judgment by JUDGES.

ART 208 – DERELICTION IN THE PROSECUTION OF OFFENSES – undue injury,

unwarranted benefits sufficient evidence must be present I they did not
prosecute.
- correlate it with R.A 3090

ART 210 DIRECT BRIBERY - committed by accepting.

Elements:
1. Public Officers Only who solicit, demand or accept for the purpose
of doing something
2. In the performance of their duties and functions
3. the offer from somebody may be voluntary or demanded by the
public officer.

PREVARICACION INDIRECT BRIBERY

Both are committed by -same-
refraining doing something
Pertains to the official duty
of the officer
NOT NECESSARY The offender refrained from doing his official
duty in consideration of a gift received or
promised.

ART 211 – INDIRECT BRIBERY – gift by reason of your position without doing
anything yet.
• P.D. 749 of 1975 – immunity to givers, bribes, accomplice for the
prosecution of the public officer.
• RA 3019 sec 3 (e) – corrupt practices of public officers “causing
any undue injury to any party, including the government, or giving any
private party any unwarranted benefits, advantage or preference in
the discharge of his official, administrative or judicial functions through
manifest partiality, evident bad faith or gross inexcusable negligence.
This provision shall apply to officers and employees of offices or
government corporations and employees with the grant of license or
permits of other concessions”.

QUALIFIED BRIBERY (applicable only to cases punishable by RP-

Death)
Elements:
1. That the offender is a public officer or entrusted with law enforcement
(PNB/NBI/CUSTOM POLICE/BIR/AFP)
2. That the offender refrains from arresting or prosecuting an offender
who has committed a crime punishable by RP and or death;
3. That the offender refrains from arresting or prosecuting the offender in
consideration of any promise, gift or present.

ART 212 CORRUPTION OF PUBLIC OFFICER – not necessary that there is

acceptance. (giver or payer is punished)

Liabilities:
• RA 3019 sec 3 (e) – corrupt practices of public officers “causing
any undue injury to any party, including the government, or giving any
private party any unwarranted benefits, advantage or preference in
the discharge of his official, administrative or judicial functions through
manifest partiality, evident bad faith or gross inexcusable negligence.
This provision shall apply to officers and employees of offices or
government corporations and employees with the grant of license or
permits of other concessions”.
• RA 6713 Sec 7 (d) – Prohibited acts and transactions
(solicitation or acceptance of gifts) “public officials and employees
shall not solicit or accept directly or indirectly, any gift, favor
entertainment, loan or anything of monetary value from any person in
the course of their official duties or in connection with any operation
being regulated by or any transaction which may be affected by the
functions of their office”.

ART 217 MALVERSATION – misappropriated the money of the money of the

Government; also called embezzlement.

Elements:
1. That the offender be a public officer
2. That he had the custody or control or funds or property by reason of
the duties of his office; that those funds or properties were public
funds or property for which he was accountable;
3. That he appropriated, took, misappropriated or consented or, thru
abandonment or negligence, permitted another person to take them.

• in the absence of three elements the case is ESTAFA/THEFT.

ART 220 ILLEGAL USE OF PUBLIC FUNDS (TECHNICAL MALVERSATION) – use

the funds for other purpose, other that to which it is intended.

Elements:
1. That the offender is a public officer
2. That there is public fund or property under his administration
3. That such public fund or property has been appropriated by law or
ordinance
 4. That he applies the same to a public use other that that for which such
fund or property has been appropriated by law or ordinance.

ART 245 ABUSES AGAINST CHASTITY (not crimes against chastity)

Elements:
1. That the offender is a public officer;
2. That he solicit, propose earnestly and persistently something unchaste
and immoral to a woman;
3. The advances must be immoral or indecent;
4. The crime is consummated by mere proposal
5. Proof of solicitation is not necessary when there is sexual intercourse.

SEXUAL HARASSMENT
• Committed by an employer, employee, manager, supervisor, teacher,
instructor, professor regardless whether the demand, request or
requirement for submission is accepted by the object of said act.
• The sexual favor is made as a condition in the hiring or in the
employment of said individual.

CRIME AGAINST PERSONS

PARRICIDE MURDER HOMICIDE INFANTICIDE
That a person is killed That a person That a person is That the child was
was killed killed killed
That the deceased is
killed by the accused That the That the accused That the deceased
accused killed killed him without child was less than
That the deceases is him any justifying 3 days old of age.
the father, mother, or circumstances
child whether That the killing That the accused
legitimate or was attended That the accused killed the said child
illegitimate or a by any of the had the intention to
legitimate other qualifying kill, which is → killing of any
ascendant or other circumstances presumed child less than 3
descendent, or the mentioned in days old of age,
legitimate spouse of art 248 That the killing was whether the killer
the accused. not attended by any is the parent or
The killing is not of the qualifying grandparent, any
→ RELATIONSHIP of parricide or circumstances of other relative of
the offender with the infanticide. murder, or by that of the child, or a
victim is the essential parricide or stranger.
element of the crime. infanticide.

→ A STRANGER who → Unlawful killing of

cooperates in any person, which is
parricide will not be neither parricide,
guilty of the same murder not
rather by Homicide infanticide.
only or murder
ACCIDENTAL
 HOMICIDE – death
of a person brought
about by a lawful act
performed with
proper care and skill,
and without
homicidal intent.

CORPUS DELICTI –
actual commission of
the crime charged; it
means that the
crime was actually
perpetrated, and
does not refer to the
body of the
murdered person.

→ to distinguish
ATTEMPTED,
FRUSTRATED
HOMICIDE from
SLIGHT PYSICAL
INJURY you must
determine the
INTENT TO KILL
(weapon used and
the INJURY)

RAPE – is now PUBLIC CRIME which can be filed by the offended party,
state, family etc…

1. BY A MAN WHO SHALL HAVE CARNAL KNOWLEDGE OF A WOMAN

UNDER ANY OF THE FOLLOWING CIRCUMSTANCES (SEXUAL
INTERCOURSE)

Elements:
1. Offender is a man
2. Offender had carnal knowledge of a woman
3. Such act is accomplished under any of the ff circumstances:
a. By using force or intimidation
b. When the woman is deprived of reason or otherwise unconscious
c. By means of fraudulent machination or grave abuse of authority
d. When the woman is under 12 years of age or demented

2. SEXUAL ASSAULT

Elements:
 1. offender commits an act of sexual assault
2. That the said act is committed by any of the following means:
a. by inserting his penis into another person’s mouth or anal orifice
b. by inserting any instrument or object into the genital or anal
orifice of another person (male/female)
3. That the sexual act is accomplished under the circumstances
mentioned in paragraph 1

STAGES OF RAPE:
1. Consummated – enough that there was penetration, even partial or
slight
2. Frustrated – NONE
3. Attempted – intent on the part of accused to have carnal knowledge of
woman

• RAPE with HOMICIDE is a SPECIAL COMPLEX CRIME it should be

CONSUMMATED
• There is a crime of multiple rape by 2 or more offenders (separate and
distinct / 2 crimes committed)

NOT AN ELEMENT IN RAPE:

1. Father, fraudulent machination
2. Medical Examination
3. Virginity (morality of the victim is not essential)

ART 267 KIDNAPPING AND SERIOUS ILLEGAL DETENTION

ELEMENTS:
1. That the offender is private individual
2. that he kidnaps or detains another in any other manner deprives the
latter of his liberty
3. That the act of detention or kidnapping must be illegal
4. That in the commission of the offense, any of the following
circumstances are present:
a. the kidnapping or detention lasts for more than 3 days
b. it is committed simulating public authority
c. any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are made
d. the person kidnapped or detained is a minor female, or a public
officer

ILLEGAL DETENTION ARBITRARY DETENTION

→ committed by a private → committed by public officer or employee
individual who who detains a person without legal ground
Unlawfully kidnaps, detains or
otherwise deprives a person
Of liberty
→ crime against personal → crime against the fundamental law of the
liberty and security State.

THREATS AND COERCION

ART 282 GRAVE ART 283 LIGHT ART 285 OTHER LIGHT
THREATS THREATS THREATS
→ That the offender → That the → By threatening another
threatens another person offender makes a by weapon, or by drawing
with the infliction upon the threat to commit a such weapon in quarrel,
latter’s person, honor or crime unless it be in lawful self-
property, or upon that of defense
the latter’s family of any
wrong
→ That such wrong→ That the wrong → By orally threatening
amounts to crime does not constitute another, in the heat of
a crime anger, with some harm
constituting a crime,
without persisting in the
idea involved in his threat
→ That there is a demand → That there is a → By orally threatening to
for money or that any demand for money do another any harm not
other condition is imposed, or that other constituting a felony
even though not unlawful condition is
imposed, even
though not lawful
→ That the offender attains → That the
his purpose offender has
attained or not
attained his
purpose
→ That the threat is not
subject to a condition

GRAVE COERCIONS LIGHT COERCIONS OTHER LIGHT

COERCIONS
→ That a person → that the offender → by forcing or compelling,
prevented another from must be a creditor directly or indirectly or
doing something not knowingly permitting the
prohibited by law, or forcing or compelling of the
that he compelled him laborer or employee of the
to do something against offender to purchase
his will, be it right or merchandise or
wrong commodities of any kind
→ That the prevention → That he seizes → By paying wage due his
or compulsion be anything belonging laborer or employee by
effected by violence, to his debtor means of tokens or objects
threats or intimidation other than the legal tender
currency of the Philippines
 unless expressly requested
by such laborer or
employee
→ That the restraint → That the seizure of
shall not be made the thing be
under authority of law accomplished by
or in the exercise of means of violence or
lawful right a display of material
force producing
intimidation
→ That the purpose
of the offender is to
apply the same to
the payment of the
debt

CRIME AGAINST PROPERTY

→ Any person who, with intent to gain, shall take any personal property
belonging to another, by means of violence against or intimidation of any
person, or using force upon anything, shall be guilty of robbery.

Elements:
1. That there be personal belonging to another
2. That there is unlawful taking of that property
3. That the taking must be with intent to gain
4. That there is violence against or intimidation of any person, or force
upon anything.

ROBBERY WITH VIOLENCE & ROBBERY WITH FORCE

INTIMIDATION
→ The penalty depends on : → The penalty is based on:
a. value of personal a. Value of property taken
property is b. On whether or not the
immaterial offenders carry arms
b. result of violence
used * In an uninhabited bldg., the penalty is
c. existence of based on the value of the property taken.
intimidation only

• Robber with Homicide must be consummated

• No Robbery with Infanticide instead robbery with homicide
• Robbery with Rape both must be consummated (no robbery with
attempted rape)
• No robbery with serious physical injuries or robbery with multiple
homicide it is ROBBERY WITH HOMICIDE – all other killing will be
absorbed but should be alleged in the information
 • No Robbery with Homicide and Rape (with homicide, rape is absorbed)
• In robbery with Rape it must precede, but there should be an intent to
rape and rob – 2 separate and distinct crime.
• Robbery with arson must precede as well

ATTEMPTED AND FRUSTRATED HOMICIDE

→ Homicide is used in its generic sense
→ Penalty is the same whether attempted or frustrated
→ NOT attempted or frustrated if there is not overt act of robbery
→ Robbery with homicide and attempted or frustrated robbery with homicide
are special complex crimes
→ ARTICLE 48 is applicable when offense committed is attempted or
frustrated robbery with serious physical injuries.

ARTICLE 48 PENALTY FOR COMPLEX CRIMES – when a single act constitutes

two or more grave or less grave felonies, or when an offense is a necessary
means for committing the other, the penalty for the most serious crime shall
be imposed, the same to be applied in its maximum period.

ARSON MALICIOUS MISCHIEF

→ Any kind of destruction → any kind of destruction
by FIRE without fire

SEDUCTION, CORRUPTION OF MINORS AND WHITE

SLAVE TRADE
QUALIFIED SIMPLE ACTS OF LASCIVIOUSNESS
SEDUCTION SEDUCTION
→ offended party is → That the → That the offender commits acts of
a virgin, which is offended party lasciviousness or lewdness
presumed if she is is over 12 and → That the acts are commited upon a
unmarried and of under 18 yrs of woman who is a virgin or single or
good reputation age widow of good reputation, under 18
→ That she must be → That she yrs of age, but over 12 yrs or a sister
over 12 and under must be of of descendant regardless of her
18 yrs of age good reputation or age
→ That the offender reputation, → That the offender accomplishes the
has sexual single or widow acts by abuse of authority,
intercourse with her → That the confidence, relationship, or deceit.
→ That there is offender has
abuse of authority, sexual
confidence or intercourse with
relationship on the her
part of the offender → That is
committed by
means of deceit

ABDUCTION
 FORCIBLE ABDUCTION
→ Any woman regardless of
her age, civil status or
reputation
→ That the abduction is
against her will
→ That the abduction is with
lewd designs
• woman abducted may
be married
• virginity is not an
essential element
• sexual intercourse is
not necessary
• if the female is under
12, it is not necessary
that she be taken
against her will
• Lewd designs may be
shown by the conduct
of the accused
CONSENTED ABDUCTION
→ That the offender must be a virgin
→ That she must be over 12 or under 18 yrs of
age
→ That the taking away of the offended party
must with her consent after solicitation from
the offender
→ That the taking away of the offended party
must be with lewd designs
• if the offender is under 12 it is forcible
abduction
• when there is no solicitation and no
deceit and the girl voluntarily went with
man, there is no crime committed even
if they have sexual intercourse
• ACTUAL sexual intercourse is not
necessary, since the important element
is merely lewd designs.