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Academics Committee
Faculty of Civil Law
University of Santo Tomas
España, Manila 1008
All Rights Reserved by the Academics Committee of the Faculty of Civil Law of
the Pontifical and Royal University of Santo Tomas, the Catholic University of the
Philippines.
2013 Edition
A copy of this material without the corresponding code either proceeds from an
illegal source or is in possession of one who has no authority to dispose the same.
No. 01
TEAM: BAR-OPS
BIENVENIDO L. MABULAC II CHAIRPERSON
VICENTE JAN PLATON III VICE-CHAIRPERSON
APRIL V. ENRILE SECRETARY
ERIKA PINEDA ASST. SECRETARY
CARLO ARTEMUS V. DIAZ HEAD, FINANCE COMMITTEE
WILFREDO P. SUDIO JR. ASST. HEAD, FINANCE COMMITTEE
MHAE ANN V. RIVERA ASST. HEAD, FINANCE COMMITTEE
CLARABEL ANNE R. LACSINA HEAD, HOTEL ACCOMMODATIONS COMMITTEE
VANNESSA ANNE VIRAY ASST. HEAD, HOTEL ACCOMMODATIONS COMMITTEE
HAZEL M. NAVAREZ ASST. HEAD, HOTEL ACCOMMODATIONS COMMITTEE
ARWIN V. CABANTING HEAD, LOGISTICS COMMITTEE
NATHANIEL LIBERATO ASST. HEAD, LOGISTICS COMMITTEE
ACADEMIC OFFICIALS
3. Eclectic or Mixed theory – It is a combination of 3. Doctrine of Pro Reo – Whenever a penal law is to
positivist and classical thinking wherein crimes be construed or applied and the law admits of
that are economic and social in nature should be two interpretations, one lenient to the offender
dealt in a positive manner, thus, the law is more and one strict to the offender, that interpretation
compassionate. Ideally, the classical theory is which is lenient or favorable to the offender will
applied to heinous crimes, whereas, the positivist be adopted.
is made to work on economic and social crimes.
4. Actus me invito factus non est meus actus (An act
4. Utilitarian or Protective theory- The primary done by me against my will is not my act) –
purpose of punishment under criminal law is the Whenever a person is under a compulsion of
protection of society from actual and potential irresistible force or uncontrollable fear to do an
wrongdoers. The courts, therefore, in exacting act against his will, in which that act produces a
retribution for the wronged society, should direct crime or offense, such person is exempted in any
the punishment to potential or actual criminal liability arising from said act.
wrongdoers since criminal law is directed against
acts or omissions which the society does not Q: How does the Doctrine of Pro Reo relate to
approve. Consistent with this theory is the mala Article 48 of the Revised Penal Code? (2010 Bar
prohibita principle which punishes an offense Question)
regardless of malice or criminal intent.
A: Following the Doctrine of Pro Reo, crimes under
Q: What is the legal basis for punishment? Art. 48 of the RPC are complexed and punished with a
single penalty (that prescribed for the most serious
crime and to be imposed in its maximum period). The MALA IN SE AND MALA PROHIBITA
rationale being, that the accused who commits two
crimes with a single criminal impulse demonstrates Q: Distinguish the respective concepts and legal
lesser perversity than when the crimes are implications between crimes mala in se and crimes
committed by different acts and several criminal mala prohibita? (2003 Bar Question)
resolutions (People v. Camadre, 431 SCRA 366).
However, Art. 48 shall be applied only when it would A:
bring about the imposition of a penalty lesser than MALA IN SE MALA PROHIBITA
the penalties imposable for all the component crimes There must be a criminal Sufficient that the
if prosecuted separately. intent prohibited act was
done
Q: What is the definition of a crime? Wrongful from their Wrong merely because
nature prohibited by statute
A: A crime is the generic term used to refer to a Intent governs Criminal intent is not
wrongdoing punished either under the RPC or under necessary
a special law. Punished under the RPC Violations of special
laws
Q: What are the various classifications of crimes?
Note: Not all violations of
A: special laws are mala
1. As to the manner or mode of execution (Art. 3) prohibita. Even if the
a. Dolo or felonies committed with deliberate crime is punished under a
intent special law, if the act
b. Culpa or those committed by means of fault punished is one which is
2. As to the stage of execution (Art. 6) inherently wrong, the
same is malum in se, and,
a. Consummated
therefore, good faith and
b. Frustrated the lack of criminal intent
c. Attempted is a valid defense; unless it
3. As to gravity (Art. 9) is the product of criminal
a. Light felonies negligence or culpa.
b. Less grave felonies As to legal implications
c. Grave felonies Good faith or lack of Good faith or lack of
4. As to nature criminal intent/ criminal intent is not a
a. Mala in se negligence is a defense defense; it is enough
b. Mala prohibita that the prohibition
5. As to count was voluntarily violated
a. Compound Criminal liability is Criminal liability is
b. Composite or special complex incurred even when the generally incurred only
c. Complex, under Art. 48 crime is attempted or when the crime is
d. Continued frustrated consummated
e. Continuing Mitigating and Such circumstances are
6. As to division aggravating not appreciated unless
a. Formal felonies – those which are always circumstances are the special law has
consummated. (e.g. physical injuries) appreciated in imposing adopted the scheme or
b. Material felonies – those which have various the penalties scale of penalties under
stages of execution. the RPC
c. Those which do not admit of the frustrated
stage. (e.g. rape and theft) Q: What are violations of special laws which are
considered mala in se?
Q: What is a special law?
A: The following violations under PD 532 are
A: It is a penal law which punishes acts not defined considered mala in se:
and penalized by the RPC. They are statutes enacted 1. Piracy in Philippine waters
by the Legislative branch, penal in character, which is 2. Brigandage in the highways
not an amendment to the RPC.
Q: What are the two recognized rules on jurisdiction A: As a general rule, the RPC governs only when the
over merchant vessels? crime committed pertains to the exercise of the
public official’s functions, those having to do with the
A: The French rule and the English rule. These rules discharge of their duties in a foreign country. The
refer to the jurisdiction of one country over its functions contemplated are those, which are, under
merchant vessels situated in another country. These the law, to be performed by the public officer in the
do not apply to war vessels over which a country Foreign Service of the Philippine government in a
always has jurisdiction. foreign country.
DUE PROCESS SEC. 2. In lieu of the death penalty, the following shall
be imposed:
Q: Describe due process as applied to penal laws. (a) The penalty of reclusion perpetua, when the
law violated makes use of the nomenclature
A: Due process is the right of any person to be given of the penalties of the RPC; or
notice and be heard before he is condemned for an (b) The penalty of life imprisonment, when the
act or omission defined and punished by law (twin law violated does not make use of the
requirements of notice and hearing). nomenclature of the penalties of the RPC.
Q: A criminal and an administrative case was filed SEC. 3. Persons convicted of offenses punished with
against A. While the criminal case was going on, the reclusion perpetua, or whose sentence will be
trial court denied A the opportunity to present as reduced to reclusion perpetua, by reason of this Act,
evidence the decision in the administrative case, shall not be eligible for parole under Act No. 4103,
which was earlier dismissed. He now contends that otherwise known as the Indeterminate Sentence Law,
there was a violation of due process. Is he correct? as amended.
BILL OF ATTAINDER
Q: What are the kinds of felonies? Note: If there is NO criminal intent, the act is justified.
Offender incurs NO criminal liability.
A:
1. Intentional felonies (Dolo) – committed by means 2. Freedom of action – voluntariness on the part of
of deceit or malice the person to commit the act or omission.
2. Culpable felonies (Culpa) – where the wrongful Note: If there is lack of freedom, the offender is exempt
acts result from imprudence, negligence, lack of from liability.
foresight or lack of skill
3. Intelligence – means the capacity to know and
Q: What are the distinctions between intentional understand the consequences of one's act.
felony and culpable felony?
Note: If there is lack of intelligence, the offender is exempt
from liability.
A:
DOLO CULPA
Q: What are the requisites of culpa?
Act is malicious Not malicious
With deliberate intent Injury caused is A:
unintentional being 1. Criminal negligence on the part of the offender,
incident of another act that is, the crime was the result of negligence,
performed without reckless imprudence, lack of foresight or lack of
malice skill.
Has intention to cause Wrongful act results
injury from 2. Freedom of action on the part of the offender,
imprudence, negligence, that is, he was not acting under duress.
lack of foresight or lack
of skill 3. Intelligence on the part of the offender in
performing the negligent act.
Q: What is an act in contemplation of criminal law?
Q: What is negligence?
A: An act refers to any kind of body movement that
A: Negligence means deficiency in perception or lack
produces change in the outside world it being
of foresight, or failure to pay proper attention and to
unnecessary that the same be actually produced, as
use due diligence in foreseeing injury or damage to
the possibility of its production is sufficient.
be caused.
Q: What is the difference between negligence and Note: In some particular felonies, proof of specific intent is
imprudence? required to produce the crime such as in frustrated and
attempted homicide.
A: In negligence, there is deficiency of perception,
while in imprudence, there is deficiency of action. Q: Is criminal intent presumed from the commission
of an unlawful act?
Q: What crimes cannot be committed through culpa
(negligence or imprudence)? A: Yes. Criminal intent is always presumed to exist,
provided that there is proof of the commission of an
A: unlawful act. This presumption does not arise when
1. Murder the act performed is lawful. Moreover, the
2. Treason presumption can always be rebutted by proof of lack
3. Robbery of intent.
4. Malicious mischief
From the felonious act of the accused, freely and
Q: What is mens rea? deliberately executed, the moral and legal
presumption of a criminal intent arises conclusively
A: Mens rea is referred to as the gravamen of the and indisputably, in the absence of evidence to the
offense. Mens rea of the crime depends upon the contrary (People v. Sia, G.R. No. L-31695, November
elements of the crime. It can only be determined by 26, 1929).
knowing the particular crime committed.
Q: May a crime be committed without criminal
Examples: intent? (1996 Bar Question)
1. In theft, the mens rea is the taking of the
property of another with intent to gain. A: Yes. A crime may be committed without criminal
2. In falsification, the mens rea is the effecting intent if such is:
of the forgery with intent to pervert the 1. A culpable felony, wherein intent is
truth. substituted by negligence or imprudence
3. In robbery, the mens rea is the taking of the 2. A malum prohibitum or if an act is
property of another coupled with the punishable by special law.
employment of intimidation or violence
upon persons or things. Q: What is motive?
2. There is doubt whether the accused committed their periods are afflictive, in accordance with
the crime, or the identity of the accused is Art. 25 of the RPC. (Art. 9, par. 1, RPC)
doubtful 2. Less grave – those which the law punishes with
3. The evidence on the commission of the crime is penalties which in their maximum period are
purely circumstantial correctional, in accordance with Art. 25 of the
4. There is a need to determine whether direct RPC. (Art. 9, par. 2, RPC)
assault is present in offenses against person in 3. Light – those infractions of law for the
authority committed when he is not in the commission of which the penalty of arresto
performance of his official duties menor or a fine not exceeding 200 pesos, or
5. In ascertaining the truth between two both, is provided. (Art. 9, par. 3, RPC)
antagonistic theories or versions of the killing
6. Where there are no eyewitnesses to the crime Q: What are the factors to be considered in imposing
and where suspicion is likely to fall upon a a penalty?
number of persons.
A:
Q: Distinguish intent from motive in Criminal law 1. Stages of execution
(1996 Bar Exam Question) 2. The degree of participation
3. The presence of attending circumstances
A:
MOTIVE INTENT Q: Who are liable for grave or less grave felonies?
It is the moving power It refers to the purpose A: The principals, accomplices and even accessories
which impels a person to to use a particular means
act for a definite result to achieve the desired Q: When are light felonies punishable?
result
A crime may be It is an essential element A: GR: Light felonies are punishable only when they
committed without of felonies by dolo are consummated. E.g. An attempt to conceal one’s
nd
motive. It is not element true name under the 2 par. of Art. 178 is not
of the crime punishable. Also, an attempt to commit Alarm and
Scandals (Art. 155).
Is essential only when Is essential in intentional
the identity of felonies Note: It involves insignificant moral and material injuries, if
perpetrator is in doubt not consummated, the wrong done is so slight that a
penalty is unnecessary.
Note: Good faith does not prevent an act from being a
crime. XPN: Light felonies are punishable in all stages
when committed against persons or property.
CLASSIFICATION OF FELONIES E.g. A thing stolen with a value that does not
ART. 9 exceed 5 pesos which carries the penalty of
arresto menor, may be the subject of an
attempted theft.
Q: What is the importance of classifying the felonies
as to their severity?
Note: It presupposes moral depravity.
3. Alteration of boundary marks is thus clear (People v. Sales, G.R. No. 177218,
4. Malicious mischief (when the value of the October 3, 2011).
damage does not exceed P200 or cannot be
estimated. Q: What are the causes which may produce a result
5. Intriguing against honor different from that which the offender intended?
6. Alarm and Scandal
A:
ELEMENTS OF CRIMINAL LIABILITY 1. Mistake in identity (error in personae) -- The
ART. 4 offender intends the injury on one person but
the harm fell on another. The intended victim
Q: How is criminal liability incurred? was not at the scene of the crime. It was the
actual victim upon whom the blow was directed,
A: Criminal liability is incurred by any person: but he was not really the intended victim. There
1. Committing a felony although the wrongful act was really a mistake in identity. (A, wanting to kill
done be different from that which he intended. B, killed C instead)
2. Performing an act which would be an offense
against persons or property, were it not for the 2. Mistake in blow (aberratio ictus) -- A person
inherent impossibility of its accomplishment or directed the blow at an intended victim, but
on account of the employment of inadequate or because of poor aim, that blow landed on
ineffectual means. (Art. 4) somebody else. In aberratio ictus, the intended
victim and the actual victim are both at the scene
Q: What are the requisites of Art 4 Par. 1, of the crime. (A, shot at B, but because of lack of
“committing a felony although the wrongful act precision, hit C instead.)
done be different from that which he intended”
where greater injury results? 3. Injurious consequences are greater than that
intended (praeter intentionem) -- The injury is on
A: the intended victim but the resulting
1. That an intentional felony has been committed. consequence is so grave a wrong than what was
2. That the wrong done to the aggrieved party be intended. It is essential that there is a notable
the direct, natural and logical consequence of the disparity between the means employed or the
felony committed by the offender (US v. Brobst, act of the offender and the felony which
14 Phil 310). resulted. This means that the resulting felony
cannot be foreseen from the acts of the
Q: What is meant by “direct, natural and logical offender. (A, without intent to kill, struck the
consequence”? victim on the back, causing the victim to fall
down and hit his head on the pavement.)
A:
1. Blow was efficient cause of death Note: Praeter intentionem is a mitigating circumstance
2. Blow accelerated death particularly covered by paragraph 3 of Art. 13.
3. Blow was proximate cause of death
Note: The three enumerated situations are always the
result of an intentional felony or dolo. These situations do
Q: In an act to discipline his child, the father claims
not arise out of criminal negligence.
that the death of his child was not intended by him.
Is his contention correct?
Q: What are the distinctions between aberratio ictus
and error in personae?
A: No. He is liable under Art. 4(1) of the RPC. In order
that a person may be criminally liable for a felony
A:
different from that which he intended to commit, it is
indispensible (a) that a felony was committed and (b) ABERRATIO ICTUS ERROR IN PERSONAE
that the wrong done to the aggrieved person be the A person directed the
direct consequence of the crime committed by the The victim actually
blow at an intended
perpetrator. In beating his son and inflicting upon him received the blow, but
victim, but because of
physical injuries, he committed a felony. As a direct he was mistaken for
poor aim, that blow
consequence of the beating suffered by the child, he another who was not at
landed on somebody
expired. His criminal liability for the death of his son, the scene of the crime.
else.
There are only two A: No. There was mistake of fact. Had the facts been
The offender, the as Ah Chong believed them to be, he would have
persons present in error
intended victim as well as been justified in killing the intruder under Article 11,
in personae - the actual
the actual victim are all paragraph 1, which is self-defense (US v. Ah Chong,
(not the intended victim)
at the scene of the crime. G.R. No. L-5272, March 19, 1910).
and the offender.
Q: When is the felony committed not the proximate hand, signed a forgiveness in favor of A and on that
cause of the resulting injury? condition, he withdrew the complaint that he filed
against A. After so many weeks of treatment in a
A: clinic, the doctor pronounced the wound already
1. There is an efficient intervening cause between healed. Thereafter, B went back to his farm. Two
the felony committed and the resulting injury. months later, B came home and he was chilling.
2. Resulting injury or damage is due to the Before midnight, he died out of tetanus poisoning.
intentional act of the victim. The heirs of B filed a case of homicide against A. Is A
liable?
Q: What is an efficient intervening cause?
A: No. Taking into account the incubation period of
A: It is an intervening active force which is a distinct tetanus toxic, medical evidence were presented that
act or fact absolutely foreign from the felonious act of tetanus toxic is good only for two weeks. That if,
the accused. indeed, the victim had incurred tetanus poisoning out
of the wound inflicted by A, he would not have lasted
Q: Cruz and Villacorta were regular customers at two months. What brought about tetanus to infect
Mendeja’s store. At around two o’clock in the the body of B was his working in his farm using his
morning of January 23, 2002, while Cruz was bare hands. Because of this, the SC ruled that the act
ordering bread at Mendeja’s store, Villacorta of B of working in his farm where the soil is filthy,
suddenly appeared and, without uttering a word, using his own hands, is an efficient supervening cause
stabbed Cruz on the left side of Cruz’s body using a which relieves A of any liability for the death of B. A,
sharpened bamboo stick. When Villacorta if at all, is only liable for physical injuries inflicted
fled, Mendeja followed chased but failed to catch upon B (Urbano v. Intermediate Appellate Court, G.R.
him. When Mendeja returned to her store, she saw No. 7296, January 7, 1988).
Aron removing the broken bamboo stick from Cruz’s
body. Mendeja and Aron then brought Cruz to Q: What circumstances are considered as inefficient
Tondo Medical Center and was treated as an intervening causes?
outpatient. Cruz was later brought to the San Lazaro
Hospital on February 14, 2002, where he died the A:
following day of tetanus infection secondary to stab 1. The weak physical condition of the victim
wound. What is the proximate cause for the death 2. The nervousness or temperament of the victim
of Cruz? 3. Causes which are inherent in the victim, such as
the victim's inability to swim
A: The proximate cause of Cruz’s death is the tetanus 4. Refusal of the injured party of medical
infection, and not the stab wound. There had been an attendance
interval of 22 days between the date of the stabbing 5. Erroneous or unskillful medical treatment
and the date when Cruz was rushed to San Lazaro
Hospital, exhibiting symptoms of severe tetanus Note: Although the following may have intervened in the
infection. If Cruz acquired severe tetanus infection commission of the crime, the offender is still liable for the
from the stabbing, then the symptoms would have resulting crime because the proximate cause is caused by
him, and they are inefficient.
appeared a lot sooner than 22 days later. Cruz’s stab
wound was merely the remote cause, and its
subsequent infection with tetanus might have been IMPOSSIBLE CRIME
the proximate cause of Cruz's death. The infection of ART. 4 (2)
Cruz’s stab wound by tetanus was an efficient
intervening cause later or between the time Cruz was Q: What are the requisites of an impossible crime?
stabbed to the time of his death (People v. Villacorta,
G.R. No. 186412, September 7, 2011). A:
1. Act performed would be an offense against
Q: A and B had a quarrel and started hacking each persons or property.
other. B was wounded at the back. Cooler heads
Note: Kidnapping is a crime against personal security
intervened and they were separated. Somehow,
and not against person or property
their differences were patched up. A agreed to
shoulder all the expenses for the treatment of the 2. Act was done with evil intent
wound of B, and to pay him also whatever lost of
income B may have failed to receive. B, on the other
3. Accomplishment is inherently impossible or four fired at and riddled said room with bullets,
means employed is either inadequate or thinking that the intended victim was already there
ineffectual as it was about 10:00 in the evening. It so happened
4. Act performed should not constitute a violation that the intended victim did not come home on the
of another provision of RPC evening and so was not in her bedroom at that time.
Was it an impossible crime or attempted murder?
Note: The offender must believe that he can consummate
the intended crime. A man stabbing another who he knew A: The SC held that the culprits are liable only for the
was already dead cannot be liable for an impossible crime. so-called impossible crime. The factual situation in
this case presents a physical impossibility which
Q: What is the essence of an impossible crime? rendered the intended crime impossible of
accomplishment. Under Art. 4 of the RPC, such is
A: The essence of an impossible crime is the inherent sufficient to make the act an impossible crime (Intod
impossibility of accomplishing the crime or the v. CA, G.R. No. 103119, October 21, 1992).Here
inherent impossibility of the means employed to however, their acts constitute malicious mischief.
bring about the crime.
Q: A, a collector of Mega Foam failed to remit to the
Q: What is inherent impossibility? company a check which was given to him as
payment for a merchandise. She tried to deposit the
A: Inherent impossibility means that under any and all check, but he found out that the check bounced.
circumstances, the crime could not have materialized. What crime was committed?
Q: What are the two kinds of inherent impossibility? A: The crime committed is an impossible crime of
theft. The evil intent cannot be denied, as the mere
A: act of unlawfully taking the check meant for Mega
1. Legal impossibility – which occurs where the Foam showed her intent to gain or be unjustly
intended acts, even if completed would not enriched. Were it not for the fact that the check
amount to a crime. E.g. killing a dead person. bounced, she would have received the face value
2. Physical impossibility – where extraneous thereof, which was not rightfully hers. Therefore, it
circumstances unknown to the accused prevent was only due to the extraneous circumstance of the
the consummation of the intended crime. E.g. check being unfunded, a fact unknown to the accused
pick pocketing an empty wallet. at the time, that prevented the crime from being
produced. The thing unlawfully taken by the accused
Q: What is the penalty to be imposed on impossible turned out to be absolutely worthless, because the
crimes? check was eventually dishonored, and Mega Foam
had received the cash to replace the value of said
A: The law imposes penalties to such crimes, having dishonored check (Jacinto v. People, G.R. No. 162540,
in mind the social danger and the degree of July 2009).
criminality shown by the offender. The penalty
imposed shall be that of arresto mayor or a fine Q: Buddy always resented his classmate, Jun. One
ranging from 200 to 500 pesos. day, Buddy planned to kill Jun by mixing poison in
his lunch. Not knowing where he can get poison, he
Q: What is the reason for penalizing impossible approached another classmate Jerry to whom he
crimes? disclosed his evil plan. Because he himself harbored
resentment towards Jun, Jerry gave Buddy a poison,
A: To teach the offender a lesson because of his which Buddy placed on Jun's food. However, Jun did
criminal perversity. Although objectively, no crime is not die because, unknown to both Buddy and Jerry,
committed, but subjectively, he is a criminal. the poison was actually powdered milk. What crime
or crimes, if any, did Jerry and Buddy commit? (1998
Note: It is a principle of criminal law that the offender will
Bar Question)
only be penalized for an impossible crime if he cannot be
punished under some other provision of the RPC. An
impossible crime is a crime of last resort. A: Jerry and Buddy are liable for the so-called
impossible crime because, with intent to kill, they
Q: Four culprits, all armed with firearms and with tried to poison Jun and thus perpetrate murder, a
intent to kill, went to the intended victim’s house crime against persons. Jun was not poisoned only
and after having pinpointed the latter’s bedroom, all because the would-be killers were unaware that what
they mixed with the food of Jun was powdered milk, Q: What are the classifications of felonies according
not poison. Criminal liability is incurred by them to the stage of execution?
although no crime resulted, because their act of
trying to poison Jun is criminal. A:
1. Consummated,
Q: Is impossible crime a formal crime? 2. Frustrated, and
3. Attempted
A: Yes. By its very nature, an impossible crime is a
formal crime. It is either consummated or not Q: What is the purpose of the classification of
consummated at all. There is therefore no attempted felonies?
or frustrated impossible crime.
A: To bring about a proportionate penalty and
Q: Distinguish impossible crime from equitable punishment.
unconsummated felonies (attempted or frustrated
felony) Note: The penalties are graduated according to their
degree of severity. The stages may not apply to all kinds of
A: felonies. There are felonies which do not admit of division.
UNCONSUMMATED
IMPOSSIBLE CRIMES Q: What are the formal crimes?
FELONIES
Intent is not accomplished Intent is not A: Formal crimes are those consummated in one
accomplished instance and do not admit of division.
Intent of the offender has Intent of the offender, Q: What are the phases of felony?
possibility of cannot be accomplished
accomplishment A:
Accomplishment is Intent cannot be 1. Subjective phase – that portion of execution of
prevented by the accomplished because it the crime starting from the point where the
intervention of certain is inherently impossible offender begins up to that point where he still
cause or accident in which to accomplish or has control over his acts. If the subjective phase
the offender had no part because the means has not yet passed, the felony would be a mere
employed by the attempt. If it already passed, but the felony is not
offender is inadequate produced, as a rule, it is frustrated.
or ineffectual
Note: If it reaches the point where he has no more
control over his acts, the subjective phase has passed.
STAGES OF EXECUTION
ART. 6 2. Objective phase – results of the acts of execution,
that is, the accomplishment of the crime.
Q: What are the stages in committing a crime?
Note: If the subjective and objective phases are present,
A: there is consummated felony.
1. Internal Acts - mere ideas in the mind of a
person, not punishable even if, had they been Q: When is a felony consummated?
carried out, they would constitute a crime
A: A felony is consummated when all the acts
2. External Acts – include (a) preparatory acts and necessary for its accomplishment and execution are
(b) acts of execution present.
a. Preparatory acts - those that do not have a
direct connection with the crime which the Q: When is a felony frustrated?
offender intends to commit. These are
ordinarily not punishable except when A: A felony is frustrated when the offender performs
expressly provided for. all the acts of execution which would produce the
b. Acts of execution – those punishable under felony as a result, but which nevertheless do not
the Revised Penal Code produce it by reason of causes independent of the
will of the perpetrator.
Q: What crimes do not admit of a frustrated stage? However, the act of entering alone is not yet
indicative of robbery although that may be what he
A: may have planned to commit. He may be held liable
1. Rape – the gravamen of the offense is carnal for trespassing.
knowledge, hence, the slightest penetration to
the female organ consummates the felony. Q: What are the criteria involved in determining the
2. Corruption of public officers – mere offer stage (whether it be in the attempted, frustrated or
consummates the crime. consummated stage) of the commission of a felony?
3. Physical injury – consummated at the instance
the injuries are inflicted. A:
4. Adultery – the essence of the crime is sexual 1. The manner of committing the crime
congress. 2. The elements of the crime
5. Theft – the essence of the crime is the possession 3. The nature of the crime itself
of the thing, once the thing has been taken or in
the possession of the person, the crime is Q: What is the distinction between attempted and
consummated. frustrated felony?
Q: When is a felony attempted? A: The difference between the attempted stage and
the frustrated stage lies on whether the offender has
A: There is an attempt when the offender performed all the acts of execution for the
commences the commission of a felony directly by accomplishment of a felony.
overt acts, and does not perform all the acts of
execution which should produce the felony by reason Literally, under the article, if the offender has
of some cause of accident other than his own performed all the acts of execution which should
spontaneous desistance. produce the felony as a consequence but the felony
was not realized, then the crime is already in the
Note: The word directly emphasizes the requirement that frustrated stage.
the attempted felony is that which is directly linked to the
overt act performed by the offender not the felony he has If the offender has not yet performed all the acts of
in his mind.
execution but he was not able to perform all the acts
of execution due to some cause or accident other
Q: What are overt acts? than his own spontaneous desistance, then it is an
attempted felony.
A: Overt acts are some physical activity or deed,
indicating the intention to commit a particular crime, Note: The SC held that in case of killing, whether parricide,
more than mere planning or preparation, which if homicide or murder, in order to amount in the frustrated
carried to its complete termination following its stage, it is necessary that the injury sustained is fatal,
natural course, without being frustrated by external sufficient to bring about death but death did not supervene
obstacles nor by the voluntary desistance of the because of the immediate medical intervention. If the
perpetrator, will logically and necessarily ripen into a wound inflicted was not fatal, the crime is only in
concrete offense. attempted stage because the offender still has to perform
another act in order to consummate the crime (People v.
Gutierrez, G.R. No. 188602, February 4, 2010).
Q: What is an indeterminate offense?
Q: What are the distinctions between attempted,
A: It is where the purpose of the offender in
frustrated and consummated felony?
performing an act is not certain. Its nature and
relation to its objective is ambiguous.
A:
Q: A person enters the dwelling of another. ATTEMPTED FRUSTRATED CONSUMMATED
However, at the very moment of his entry and Not all acts of All the acts of All the acts of
before he could do anything, he is already execution execution execution have
apprehended by the household members, can he be have been have been been
charged with attempted robbery? committed. committed. committed.
A: No. He can only be held liable for attempted The crime has The crime has The crime is
robbery when he has already completed all acts NOT been NOT been accomplished.
performed by him directly leading to robbery. accomplished. accomplished.
Q: What are the instances wherein the stages of a A: Conspiracy exists when two or more persons come
crime will not apply? to an agreement concerning the commission of a
felony and decide to commit it.
A:
1. Offenses punishable by Special Penal Laws, Note: GR: When conspiracy exists, the degree of
unless otherwise provided for. participation of each conspirator is not considered because
2. Formal crimes (e.g., slander adultery, etc.) the act of one is the act of all, they have equal criminal
responsibility.
3. Impossible crimes
4. Crimes consummated by mere attempt (e.g.,
XPN: Even though there was conspiracy, if a co-
attempt to flee to an enemy country, treason,
conspirator merely cooperated in the commission of
corruption of minors) the crime with insignificant or minimal acts, such that
5. Felonies by omission even without his cooperation, the crime could be
6. Crimes committed by mere agreement (e.g., carried out as well, such co-conspirator should be
betting in sports, corruption of public officers) punished as an accomplice only. (People v. Niem, G.R.
No. 521, December. 20, 1945)
Q: Two police dressed as civilians were conducting
surveillance in Binangonan, Rizal. They went near a XPN to the XPN: When the act constitutes a
store when suddenly Rolando and his wife arrived single indivisible offense.
and approached the police officers not knowing
their real identity. Rolando spoke to one of the Q: What are the requisites of conspiracy?
officers and asked “gusto mo bang umi-score ng
shabu?” The officer replied, “bakit, meron ka ba?” A:
Rolando answered in the affirmative and then he 1. Two or more persons came to an agreement
took a sachet of shabu and showed it. When the 2. Agreement concerned the commission of a crime
officer asked how much the shabu was, Rolando 3. Execution of a felony was decided upon
replied P200. Upon seeing the sachet, the police
Note: Mere knowledge, acquiescence to, or approval of the
officers immediately introduced themselves and
act, without cooperation or at least, agreement to
arrested Rolando and his wife. They were charged of
cooperate, is not enough to constitute a conspiracy.
attempted illegal sale of dangerous drugs which is
found under Sec 26 of RA 9165. Can there be an Q: What are the two kinds of conspiracy?
attempted stage in the illegal sale of dangerous
drugs? A:
1. Conspiracy as a crime – The mere conspiracy is
A: According to the SC, the identity of the buyer and the crime itself. This is only true when the law
seller are present. The seller was Rolando while the expressly punishes the mere conspiracy,
buyers would be the officers. The corpus delicti was otherwise, the conspiracy does not bring about
also established however, there was no delivery the commission of the crime because conspiracy
because they immediately introduced themselves as is not an overt act but a mere preparatory act.
police officers therefore, the consummated sale of
the drugs was aborted by the act of the police Note: Conspiracy must be proven on the same quantum of
introducing themselves and arresting Rolando. evidence as the felony subject of the agreement of the
Hence, the crime committed is only attempted illegal parties. It may be proved by direct or circumstantial
sale of dangerous drugs (People v. Rolando Laylo y evidence consisting of acts, words, or conduct of the
alleged conspirators prior to, during and after the
Cepres, G.R. No. 192235, July 6, 2011).
commission of the felony to achieve a common design or
purpose.” (Franco v. People, G.R. No. 171328, February 16,
Q: What are formal crimes? 2011)
A: Crimes which are consummated in one instance EX: Conspiracy to commit treason, conspiracy to
and thus do not admit of stages e.g. physical injuries, commit rebellion, conspiracy to commit acts like sale,
false testimony, oral defamation. importation and distribution of drugs, conspiracy to
commit access devise fraud, conspiracy to commit
CONSPIRACY AND PROPOSAL terrorism
ART.8
Note: In conspiracy to commit treason and conspiracy to
Q: What is conspiracy? commit rebellion, if one of the traitors/rebels actually
commits treason/rebellion, conspiracy loses its juridical
personality and it becomes a mode to commit a crime.
A: GR: When there is conspiracy, the fact that the A: There is a single person or group called the “hub,”
element of the offense is not present as regards one dealing individually with two or more other persons
of the conspirators is immaterial. or groups known as the “spoke” and the rim that
encloses the spokes is the common goal in the overall
conspiracy (Estrada v. Sandiganbayan, G.R. No. impliedly, to commit the subject felony (People v.
148965, February 26, 2002). Carandang et al., G.R. No. 175926, July 6, 2011).
A: No, it depends on the kind of conspiracy. If pre- A: No. A head or chief of office cannot be held
arranged conspiracy or express, it can be appreciated. criminally liable as a conspirator simply on the basis
If implied conspiracy, generally, it cannot be of command responsibility. All heads of offices have
appreciated, absent any proof showing how and to rely to a reasonable extent 'on their subordinates
when the plan to kill the victim was hatched or the and on the good faith of those prepare bids, purchase
time that elapsed when it was carried out. supplies, or enter into negotiations. It would be a bad
precedent if a head of office plagued by all too
Q: What are the legal effects of implied conspiracy? common problems - dishonest or negligent
(2003 Bar Question) subordinates, overwork, multiple assignments or
positions, or plain incompetence - is suddenly swept
A: into a conspiracy conviction simply because he did
1. Not all those who are present at the scene will be not personally examine every single detail,
considered as conspirators painstakingly trace every step from inception, and
2. Only those who participated by criminal acts in investigate the motives of every person involved in a
the commission of the crime will be considered transaction before affixing his signature as the final
as co-conspirators approving authority. (Arias v. Sandiganbayan, G.R.
3. Mere acquiescence to or approval of the No. 81563 December 19, 1989).
commission of the crime, without any act of
criminal participation, shall not render one Q: What is proposal?
criminally liable as co-conspirator.
A: Proposal exists when the person who has decided
Note: In order to hold someone criminally liable, in addition to commit a felony proposes its execution to some
to mere presence, there should be overt acts that are other person or persons.
closely-related and coordinated to establish the presence of
common criminal design and community of purpose in the Note: The following are the requisites of proposal:
commission of the crime. 1. A person has decided to commit a felony
2. He proposes its execution to other person or
Q: In conspiracy, is it required to prove a previous persons
agreement to commit a crime? 3. The proposal need not be accepted or else it shall
be a conspiracy
A: No. In conspiracy, it is not necessary to adduce
direct evidence of a previous agreement to commit a Q: Is proposal and conspiracy to commit felony
crime. Proof of a previous agreement and decision to punishable?
commit the crime is not essential but the fact that the
malefactors acted in unison pursuant to the same A: GR: Conspiracy and proposal to commit a felony
objective suffices (People v. Agacer et al., G.R. No. are not punishable because they are mere
177751, December 14, 2011). preparatory acts.
Q: Does conspiracy exist when the acts of the XPN: Except in cases in which the law specifically
accused were caused by their being frightened by provides a penalty thereof, i.e. Treason, rebellion
the police officers who were allegedly in full battle and coup d’etat
gear and the fortuitous and unexpected character of
the encounter and the rapid turn of events? Note: If there is conspiracy to commit Rebellion, and
Rebellion is thereafter committed, the accused is liable only
for REBELLION, the conspiracy now being merely proof of
A: Yes. The rapid turn of events cannot be considered
the Rebellion.
to negate a finding of conspiracy. Unlike evident
premeditation, there is no requirement for
conspiracy to exist that there be a sufficient period of
time to elapse to afford full opportunity for
meditation and reflection. Instead, conspiracy arises
on the very moment the plotters agree, expressly or
Q: What are the distinctions between conspiracy Q: What are the requisites of habitual delinquency
and proposal to commit a felony? as an aggravating circumstance?
A: A:
CONSPIRACY PROPOSAL 1. Within a period of 10 years from the date of his
release or last conviction
It exists when two or There is proposal when
2. Of the crime of serious or less serious physical
more persons come to an the person who has
injuries, robbery, theft, estafa or falsification.
agreement concerning the decided to commit a
3. He is found guilty of said crimes a third time or
commission of a felony felony proposes its
oftener.
and decide to commit it. execution to some other
person or persons.
Q: Can an offender be a recidivist and a habitual
Once the proposal is Proposal is true only up to delinquent at the same time?
accepted, a conspiracy the point where the party
arises. to whom the proposal A: Yes.
was made has not yet
accepted the proposal. st
Illustration: If the 1 conviction is for serious physical
nd
Conspiracy is bilateral, it Proposal is unilateral, one injuries or less serious physical injuries and the 2
rd
requires two parties. party makes a proposition conviction is for robbery, theft or estafa and the 3 is
to the other. for falsification, then the moment the habitual
delinquent is on his fourth conviction, he is a habitual
MULTIPLE OFFENDERS delinquent and at the same time a recidivist because
(DIFFERENCES, RULES, AND EFFECTS) at least, the fourth time will have to fall under any of
the three categories.
1. Recidivism – the offender at the-time of his trial
for one crime shall have been previously Note: When the offender is a recidivist and at the same
time a habitual delinquent, the penalty for the crime for
convicted by final judgment of another embraced
which he will be convicted will be increased to the
in the same title of the RPC. maximum period, unless offset by a mitigating
circumstance. After determining the correct penalty for the
Note: It is important that the conviction which came earlier last crime committed, an added penalty will be imposed in
must refer to the crime committed earlier than the accordance with Art. 62.
subsequent conviction.
Q: Can a convict be a habitual delinquent without
2. Reiteracion – the offender has been previously being a recidivist?
punished for an offense which the law attaches
an equal or greater penalty or for two or more A: Yes. When no two of the crimes committed are
crimes to which it attaches a lighter penalty. embraced in the same title of the Code.
3. Habitual delinquency — the offender within the
period of 10 years from the date of his release or Q: What are the additional penalties for habitual
last conviction of the crimes of serious or less delinquency?
serious physical injuries, robbery, theft, estafa or
falsification, is found guilty of any of the said A:
crimes a third time or oftener. (Art. 62, RPC) rd
1. Upon 3 conviction – Prision correcional in its
4. Quasi-recidivism — Any person who shall commit medium and maximum periods
a felony after having been convicted by final th
2. Upon 4 conviction – Prision mayor in its
judgment before beginning to serve such medium and minimum periods
sentence or while serving such sentence shall be th
3. Upon 5 or additional conviction – Prision mayor
punished by the maximum period prescribed by in its minimum period to Reclusion temporal in
law for the new felony. its minimum period
Note: Recidivism and Reiteracion are generic aggravating Note: The total penalties must not exceed 30 years.
circumstances which can be offset by mitigating
circumstances. Habitual delinquency and Quasi-Recidivism,
on the other hand, are special aggravating circumstances
Q: What are total penalties?
which cannot be offset.
A: Total penalties refer to the penalties:
1. For the last crime of which he is found guilty;
Q: What are the differences between reiteracion, recidivism, habitual delinquency, and quasi-recidivism?
A:
REITERACION RECIDIVISM HABITUAL DELIQUENCY QUASI-RECIDIVISM
It is necessary that the It is enough that a final Within a period of 10 Felony was committed after
offender shall have served judgment has been years from the date of having been convicted by
out his sentence for the rendered in the first release or last conviction final judgment of an
first offense offense of the crimes covered, offense, before beginning to
he is found guilty of any serve sentence or while
of said crimes a third serving the same
time or oftener
The previous and Requires that the offenses Crimes covered are First and subsequent
subsequent offenses must be included in the same serious or less serious conviction may or may not
not be embraced by the Title of the Code physical injuries, be embraced by the same
same Title of the RPC robbery, theft, estafa title of the RPC
and falsification
Not always aggravating; It increases the penalty to Shall suffer additional Shall be punished by the
discretion of the court to its maximum period penalty maximum period of the
appreciate penalty prescribed by law
for the new felony
Includes offenses under Felonies under RPC only Limited to serious or less First crime for which the
special law serious physical injuries, offender is serving sentence
robbery, theft, estafa need not be a crime under
and falsification the RPC but the second
crime must be one under
the RPC
A generic aggravating A generic aggravating Extraordinary Special aggravating
circumstance circumstance aggravating circumstance which may be
circumstance which offset by special privileged
cannot be offset by a mitigating circumstances
mitigating circumstance not by ordinary mitigating
circumstances
Note: If recidivism and reiteracion are both present, appreciate only recidivism because it is easier to prove.
A: Here, the offender is impelled by a single criminal 2. Complex crime proper – when an offense is the
impulse but committed a series of acts at about the necessary means for committing the other.
same time in about the same place and all the overt Requisites:
acts violate one and the same provision law. e.g. a. At least two offenses are committed
theft of 13 cows belonging to different owners b. One or some of the offenses must be
committed by the accused at the same place and at necessary to commit the other
the same time. c. Both or all the offenses must be
punished under the same statute
COMPLEX CRIMES AND
SPECIAL COMPLEX CRIMES Note: Only one penalty is imposed for complex crimes
because there is only one criminal act, thus, there should
COMPLEX CRIMES only be one information charging a complex crime.
ART. 48
3. Special complex crime or Composite crime – is
Q: What is plurality of crimes? one in which substance is made up of more than
one crime, but which in the eyes of the law is
A: It is the successive execution by the same only a single indivisible offense.
individual of different criminal acts upon any of which
no conviction has yet been declared Q: What are the examples of special complex
crimes?
Q: What are the kinds of plurality of crimes?
A:
A: 1. Qualified piracy, when piracy is accompanied by
1. Formal or ideal – only one criminal liability murder, homicide, physical injuries or rape,
a. Complex crime – defined in Art 48 2. Rape with homicide
b. When the law specifically fixes a single 3. Kidnapping with rape
penalty for 2 or more offenses committed 4. Kidnapping with homicide
c. Continued crimes 5. Kidnapping with physical injuries
2. Real or material – there are different crimes in 6. Robbery with homicide
law and in the conscience of the offender. In 7. Robbery with rape
such cases, the offender shall be punished for 8. Robbery with physical injuries
each and every offense that he committed 9. Robbery with arson
As to penalties, in ordinary complex crime, the Q: What is the penalty for complex crimes under
penalty for the most serious crime shall be imposed Article 48?
and in its maximum period. In special complex crime,
only one penalty is specifically prescribed for all the A: GR: When a complex crime is committed, the
component crimes which are regarded as one penalty for the most serious crime in its maximum
indivisible offense. The component crimes are not period shall be imposed.
regarded as distinct crimes and so the penalty for the
most serious crime is not the penalty to be imposed XPN: When the law imposes a single penalty for
not in its maximum period. It is the penalty special complex crimes.
specifically provided for the special complex crime
that shall be applied according to the rules on Q: Can there be a complex crime of coup d’état with
imposition of the penalty. rebellion? (2003 Bar Question)
Q: When is there no complex crime? A: Yes. If there was conspiracy between the offender/
offenders committing the rebellion. By conspiracy,
A: the crime of one would be the crime of the other and
1. Art. 267 (Kidnapping) vice versa. This is possible because the offender in
2. Art. 312 (Occupation of real property or coup d’état may be any person or persons belonging
usurpation of real rights in property) to the military or the national police or a public
3. Art. 129 (Search warrants maliciously obtained) officer, whereas rebellion does not so require.
in relation to perjury Moreover, the crime coup d’état may be committed
4. When one offense is committed to conceal the singly, whereas rebellion requires a public uprising
other and taking up arms to overthrow the duly constituted
5. When one crime is an element of the other, for government. Since the two crimes are essentially
in that case, the former shall be absorbed by the different and punished with distinct penalties, there
latter. e.g. trespassing which is an element of the is no legal impediment to the application of Art. 48 of
robbery with force upon things the RPC.
6. When the crime has the same elements as the
other crime committed e.g. estafa and Q: Can there be a complex crime of coup d’etat with
falsification of private documents have the same sedition? (2003 Bar Question)
element of damage. Thus there is no complex
crime of estafa through falsification of private A: Yes, coup d'état can be complexed with sedition
document because the two crimes are essentially different and
7. When one of the offenses is penalized by a distinctly punished under the Revised Penal Code.
special law Sedition may not be directed against the government
8. In continued crimes or non-political in objective, whereas coup d'état is
9. Where the intent is really to commit the second always political in objective as it is directed against
crime but the first act although also a crime is the government and led by persons or public officer
incidental to the commission of the crime. e.g. holding public office belonging to the military or
Taking away a woman to consummate rape. The national police. Art. 48 of the Code may apply under
act of taking is merely incidental. There is no the conditions therein provided.
complex crime of abduction with rape but only
simple rape. Note: It should be made clear however, that for the crime
10. Special complex crimes of coup d’etat to be complexed with rebellion or with
sedition, the act falls under the first mode or under the
second mode in Article 48 – i.e. it is a single act constituting
Q: Is it possible that one crime is dolo and the other
two or more grave or less grave felonies OR it is an offense
is culpa?
being a necessary means to commit another.
CIRCUMSTANCES WHICH AFFECT Q: Who has the burden of proving the existence of
CRIMINAL LIABILITY justifying circumstances?
Q: What are the circumstances affecting criminal A: The accused. The circumstances mentioned in Art.
liability? 11 are matters of defenses so that it is incumbent
upon the accused, in order to avoid criminal liability,
A: JEMAA to prove the justifying circumstances claimed by him
1. Justifying circumstances to the satisfaction of the court. El incombit probotion
2. Exempting circumstances qui decit non qui negat (He who asserts, not he who
3. Mitigating circumstances denies, must prove).
4. Aggravating circumstances
5. Alternative circumstances Q: What is the basis for these justifying
circumstances?
Q: What are the other two circumstances found in
the RPC affecting criminal liability? A: The basis for these justifying circumstances is the
lack of criminal intent, and since actus non facit reum,
A: nisi mens sit rea (an act does not make the doer
1. Absolutory cause – has the effect of an guilty, unless the mind is guilty), there is no crime and
exempting circumstance and it is predicated on there is no criminal in the situations contemplated in
lack of voluntariness such as instigation. this article provided the respective elements are all
present.
EX: In cases of instigation and in case a relative of
a principal is charged as an accessory, he is Q: Is there civil liability in the circumstances
exempt from criminal liability. mentioned in Art. 11?
2. Extenuating circumstances – has the effect of A: GR: Since there is no crime, necessarily there is no
mitigating the criminal liability of the offender. civil liability ex delicto.
EX: In case of infanticide, concealment of XPN: In paragraph 4, wherein civil liability may be
dishonor is an extenuating circumstance insofar adjudged against those who benefited from the
as the pregnant woman and the maternal act which caused damage to the property of the
grandparents are concerned. Abortion under Art. victim but spared their own properties from
258 would also mitigate the liability of the consequent damages. The civil liability in Par. 4 is
pregnant woman if the purpose is to conceal provided for in Art. 101, and is commendably in
dishonor but such is not available to the parents line with the rule against unjust enrichment.
of the pregnant woman. Also, in Art. 333, if the
person guilty of adultery committed the offense SELF-DEFENSE .
while being abandoned without justification, the
penalty next lower in degree shall be imposed. Q: What rights are included in self-defense?
premises. All the elements for justification Q: What must the nature of the unlawful aggression
must however be present (People v. be in order to successfully invoke self-defense?
Narvaez, G.R. Nos. L-33466-67, Apr. 20,
1983). A: For unlawful aggression to be appreciated, there
5. Self-defense in libel. Physical assault may be must be an “actual, sudden and unexpected attack,
justified when the libel is aimed at the or imminent danger thereof, not merely a
person’s good name, and while the libel is in threatening or intimidating attitude” and the accused
progress, one libel deserves another. must present proof of positively strong act of real
aggression (People v. Sabella y Bragais, G.R. No.
Note: What is important is not the duality of the attack but 183092, May 30, 2011; People v. Campos and Acabo,
whether the means employed is reasonable to prevent the G.R. No. 176061, July 4, 2011).
attack.
Note: There is no unlawful aggression when there was an
Q: Why is self-defense justified? agreement to fight and the challenge to fight has been
accepted. But aggression which is ahead of a stipulated
A: It is impossible for the State to protect all its time and place is unlawful.
citizens. Also, a person cannot just give up his rights
without resistance being offered. Q: What are the elements of unlawful aggression?
Q: What is the meaning of “stand ground when A: There are three elements of unlawful aggression:
right”? 1. There must be a physical or material attack or
assault;
A: The law does not require a person to retreat when 2. The attack or assault must be actual, or, at least,
his assailant is rapidly advancing upon him with a imminent; and
deadly weapon, because he runs the risk of being 3. The attack or assault must be unlawful (People v.
attacked in the back by the aggressor. Mapait, G.R. No. 172606, November 23, 2011).
Q: What are the effects of self-defense? Q: What are the two kinds of unlawful aggression?
A: A:
1. When all the elements are present – the person 1. Actual or material unlawful aggression which
defending himself is free from criminal liability means an attack with physical force or with a
and civil liability. weapon, an offensive act that positively
2. When only a majority of the elements are present determines the intent of the aggressor to cause
- privileged mitigating circumstance provided the injury;
there is unlawful aggression. 2. Imminent unlawful aggression which is an attack
that is impending or at the point of happening; it
Q: What is the nature of self-defense? must not consist in a mere threatening attitude
(People v. Mapait, G.R. No. 172606, November
A: The rule consistently adhered to in this jurisdiction 23, 2011).
is that when the accused’s defense is self-defense he
thereby admits being the author of the death of the Q: What kind of threat will amount to unlawful
victim, thus it becomes incumbent upon him to prove aggression?
the justifying circumstance to the satisfaction of the
court (People v. Del Castillo et al., G.R. No. 169084, A: In case of threat, it must be offensive and strong,
January 18, 2012). positively showing the wrongful intent to cause
injury. It presupposes actual, sudden, unexpected or
Q: What are the requisites of self-defense? imminent danger––not merely threatening and
intimidating action. It is present only when the one
A: (URL) attacked faces real and immediate threat to one’s life
1. Unlawful aggression (People v Maningding, G.R. No. 195665, September
2. Reasonable necessity of the means employed to 14, 2011 reiterating People v. Gabrino and People v.
prevent or repel it Manulit).
3. Lack of sufficient provocation on the part of the
person defending himself Q: What is the test for the presence of unlawful
aggression in self defense?
A: The test for the presence of unlawful aggression Q: What are the requisites which must be present to
under the circumstances is whether the aggression satisfy the “reasonable necessity of the means
from the victim put in real peril the life or personal employed to prevent or repel it?”
safety of the person defending himself (People v.
Mapait, ibid.). A:
1. Means were used to prevent or repel
Q: What is the effect if there was a mistake of fact 2. Means must be necessary and there is no other
on the part of the accused? way to prevent or repel it
3. Means must be reasonable – depending on the
A: In relation to mistake of fact, the belief of the circumstances, but generally proportionate to
accused may be considered in determining the the force of the aggressor
existence of unlawful aggression.
Q: In what instances can there be lack of sufficient
EX: There is self- defense even if the aggressor used a provocation on the person defending himself?
toy gun provided that the accused believed it to be a
real gun. A:
1. No provocation at all was given to aggressor by
Q: Who must have done the unlawful aggression? person defending himself.
2. Even if provocation was given, it was not
A: In order to constitute an element of self-defense, sufficient.
the unlawful aggression must come, directly or 3. Even if provocation was sufficient, it was not
indirectly, from the person who was subsequently given by the person defending himself.
attacked by the accused (People v. Gutierrez, G.R. No. 4. Even if provocation was given by person
31010, September 26, 1929). defending himself, it was not the proximate and
immediate to the act of aggression.
Q: A claims that the death of B was an accident and 5. Sufficient means proportionate to the damage
his act was just for self defense when his revolver caused by the act, and adequate to stir one to its
accidentally hit the victim while he was struggling commission.
the same with his real enemy, C. Is his contention
correct? Q: Is the person defending expected to control his
blows?
A: No. In this case, A was not repelling any unlawful
aggression from B, thereby rendering his plea of self- A: No. The person defending himself cannot be
defense unwarranted. His act amounted to aberratio expected to think clearly so as to control his blow.
ictus (Matic v. People, G.R. No. 180219, November 23, The killing of the unlawful aggressor may still be
2011). justified as long as the mortal wounds are inflicted at
a time when the elements of complete self-defense
Q: What factors are taken into consideration in are still present.
determining whether or not the means employed by
the person defending himself are reasonable? Q: A, unlawfully attacked B with a knife. B then took
out his gun which caused A to run away. B, after
A: treating his wounds, pursued A and shot him. Can B
1. Nature and quality of the weapon used by the invoke self-defense?
aggressor.
2. Physical condition, character, size and other A: No. The unlawful aggression which has begun no
circumstances of both the offender and longer exists. When the aggressor runs away, the one
defender. making a defense has no more right to kill or even to
3. Place and occasion of the assault. wound the former aggressor. In order to justify
homicide on the ground of self-defense, it is essential
Note: Perfect equality between the weapons used by the that the killing of the deceased by the defendant be
one defending himself and that of the aggressor is not simultaneous with the attack made by the deceased,
required or material commensurability between the means or at least both acts succeeded each other without
of attack and defense. This is because the person assaulted
appreciable interval of time.
does not have sufficient tranquility of mind to think and to
calculate and to choose the weapon used. What the law
Note: The aggression ceases except when retreat is made
requires is rational equivalence.
to take a more advantageous position to insure the success
of the attack begun, unlawful aggression continues.
Q: One night, Lina, a young married woman, was 3. Relative being defended gave no provocation.
sound asleep in her bedroom when she felt a man
on top of her. Thinking it was her husband Tito, who Note: The law gives a leeway on the third requisite, even if
came home a day early from his business trip, Lina the relative being defended gave the provocation, if the
let him have sex with her. After the act, the man relative making the defense had no part therein, he can
successfully invoke the defense of relative.
said, "I hope you enjoyed it as much as I did." Not
recognizing the voice, it dawned upon Lina that the
man was not Tito, her husband. Furious, Lina took Q: Who are the relatives covered?
out Tito's gun and shot the man. Charged with
homicide, Lina denies culpability on the ground of A: (SAD-LR)
defense of honor. Is her claim tenable? (1998 Bar 1. Spouse
Question) 2. Ascendants
3. Descendants
A: No, Lina's claim that she acted in defense of honor 4. Legitimate, adopted brothers and sisters, or
is not tenable because the unlawful aggression on her relatives by affinity in the same degrees.
honor had already ceased. Defense of honor as 5. Relatives by consanguinity within the 4th civil
included in self-defense, must have been done to degree.
prevent or repel an unlawful aggression. There is no
Note: If the degree of consanguinity or affinity is beyond
defense to speak of where the unlawful aggression no
the fourth degree, it will be considered defense of a
longer exists. stranger.
AVOIDANCE OF GREATER EVIL Q: Lucresia was robbed of her bracelet in her home.
OR STATE OF NECESSITY The following day, Lucresia, while in her store,
noticed her bracelet wound around the right arm of
Q: What are the requisites of state of necessity? Jun-Jun. As soon as the latter left, Lucresia went to a
A: (EI-PC) nearby police station and sought the help of Pat.
1. Evil sought to be avoided actually exists. Willie Reyes. He went with Lucresia to the house of
2. Injury feared be greater than that done to avoid Jun-Jun to confront the latter. Pat. Reyes introduced
it. himself as a policeman and tried to get hold of Jun-
3. There be no other practical and less harmful Jun who resisted and ran away. Pat. Reyes chased
means of preventing it, and him and fired two warning shots in the air but Jun-
4. There must be no contribution on the part of the Jun continued to run. Pat. Reyes shot him in the
accused what caused the evil to arise. right leg. Jun-Jun was hit and he fell down but he
crawled towards a fence, intending to pass through
Note: The state of necessity must not have been brought an opening underneath. When Pat. Reyes was about
about by the negligence or imprudence by the one invoking 5 meters away, he fired another shot at Jun-Jun
the justifying circumstances. hitting him at the right lower hip. Pat. Reyes brought
Jun-Jun to the hospital, but because of profuse
Q: What does damage to another cover? bleeding, he eventually died. Pat. Reyes was
subsequently charged with homicide. During the
A: Damage to another covers injury to persons and trial, Pat. Reyes raised the defense, by way of
damage to property. exoneration, that he acted in the fulfillment of a
duty. Is the defense tenable? (2000 Bar Question)
Q: What does the term “evil” mean?
A: No. The defense of having acted in the fulfillment
A: The term “evil” means harmful, injurious, of a duty requires as a condition, inter alia, that the
disastrous, and destructive. As contemplated, it must injury or offense committed be the unavoidable or
actually exist. If it is merely expected or anticipated, necessary consequence of the due performance of
the one acting by such notion is not in a state of the duty (People v. Oanis, G.R. No. L-47722, July 27,
necessity. 1943). It is not enough that the accused acted in
fulfillment of a duty. After Jun-Jun was shot in the
Q: Who must be civilly liable? right leg and was already crawling, there was no need
for Pat Reyes to shoot him further. Clearly, Pat. Reyes
A: The persons for whose benefit the harm has been acted beyond the call of duty, which brought about
prevented shall be civilly liable in proportion to the the cause of death of the victim.
benefit which they received.
OBEDIENCE TO AN ORDER ISSUED
Note: Generally, there is no civil liability in justifying
FOR SOME LAWFUL PURPOSE
circumstances. The civil liability referred to herein is based
not on the act committed but on the benefit derived from
the state of necessity. So the accused will not be civilly Q: What are the requisites of obedience to an order
liable if he did not receive any benefit out of the state of issued for some lawful purpose?
necessity. On the other hand, persons who did not A: (OLM)
participate in the damage or injury would be civilly liable if 1. An order has been issued by a superior
they derived benefit out of the state of necessity. 2. Such order must be for some lawful purpose
3. Means used by the subordinate to carry out said
FULFILLMENT OF DUTY . order is lawful
Q: What are the requisites of fulfillment of duty? Note: Both the person who gives the order, and the person
who executes it, must be acting within the limitations
A: prescribed by law.
1. Accused acted in the performance of a duty or in
the lawful exercise of a right or office. Note: The application of the law is not limited to orders
2. Injury caused or offense committed be the made by public officers to inferior public officials. Thus, a
driver of an escaping prisoner who did not know that his
necessary consequence of the due performance
employer is leaving the prison compound, as he used to
of duty or the lawful exercise of such right or
drive for him to go to his office in previous incidents in
office. order to escape, cannot be held criminally liable.
Q: Is good faith on the part of the subordinate In layman’s terms, if an abused woman kills or inflicts
material? physical injuries on her abusive husband or live-in
partner, and the trial court determines that she is
A: Yes. If he obeyed an order in good faith, not being suffering from “Battered Woman Syndrome,” the
aware of its illegality, he is not liable. However, the court will declare her not guilty (People v. Genosa,
order must not be patently illegal. If the order is ibid.).
patently illegal, this circumstance cannot be validly
invoked. The law now allows the battered woman syndrome
as a valid defense in the crime of parricide
Note: Even if the order is patently illegal, the subordinate independent of self-defense under the RPC. (Sec. 26)
may still be able to invoke an exempting circumstance:
having acted upon the compulsion of an irresistible force, In the determination of the state of mind of the
or under the impulse of an uncontrollable fear.
woman who was suffering from battered woman
syndrome at the time of the commission of the crime,
ANTI-VIOLENCE AGAINST WOMEN AND the courts shall be assisted by expert psychiatrists/
THEIR CHILDREN ACT OF 2004 psychologists (Sec. 26).
(R.A. 9262)
Q: Who can avail of BWS as a defense?
Q. Who is a battered woman?
A:
A: She is a woman who is repeatedly subjected to any 1. Wife;
forceful physical or psychological behavior by a man 2. Former wife;
in order to coerce her to do something he wants her 3. Against a woman with whom the person has or
to do without concern for her rights. had a sexual or dating relationship; or
Note: Furthermore, in order to be classified as a battered
Note: The “dating relationship” that the law
woman, the couple must go through the battering cycle at
contemplates can, exist even without a sexual
least twice. Any woman may find herself in an abusive
intercourse taking place between those involved.
relationship with a man once. If it occurs a second time,
and she remains in the situation, she is defined as a
battered woman (People v. Genosa, ibid.). 4. With whom he has a common child, or against
her child whether legitimate or illegitimate,
BATTERED WOMAN SYNDROME within or without the family abode
7. Any person who fails to perform an act required neither criminal nor civil
by law, when prevented by some lawful or liability.
insuperable cause.
IMBECILITY AND INSANITY .
Q: What is the basis for the exemption from criminal
liability? Q: What are the distinctions between imbecility and
insanity?
A: The reason for the exemption lies on the
involuntariness of the act, that is, one or some of the A:
ingredients of voluntariness such as criminal intent, IMBECILITY INSANITY
intelligence, or freedom of action on the part of the An imbecile is one who,
offender is missing. while advanced in age, Insanity exists when
has a mental there is a complete
EXEMPTING development comparable deprivation of
BASIS
CIRCUMSTANCE to that of children intelligence in
Insanity/Imbecility Lack of intelligence between two to seven committing the act.
Minority Lack of intelligence years of age.
Accident without fault or Lack of criminal intent No lucid interval There is lucid interval
intention of causing it. Not exempt from
Compulsion of Lack of freedom Exempt from criminal criminal liability if it can
irresistible force liability in all cases be shown that he acted
Uncontrollable fear Lack of freedom during a lucid interval
Prevented by some Lack of criminal intent
lawful or insuperable Q: What are the two tests for exemption on grounds
cause of insanity?
claimed that during the commission of the crime, it A: In case of insanity at the time of the trial, there will
was a lucid interval for Rosalino because when he be suspension of the trial until the mental capacity of
was being treated in the mental hospital, he was the accused is restored to afford him fair trial.
shouting that he killed Mrs. Sigua. Can defense of
insanity be appreciated? Q: What are other instances of insanity?
Q: What is the distinction between intent and Q: Is the offender exempt from criminal and civil
discernment? liability?
Q: What is the basis this exempting circumstance? Q: What are the requisites of uncontrollable fear?
A: The force must be irresistible to reduce the actor Q: What is the difference between irresistible force
to a mere instrument who acts not only without will and uncontrollable fear?
but against his will. The duress, force, fear or
intimidation must be present, imminent and A:
impending and of such a nature as to induce a well- IRRESISTIBLE
UNCONTROLLABLE FEAR
grounded apprehension of death or serious bodily FORCE
harm if the act is done. A threat of future injury is not A person is compelled A person is compelled by
enough. The compulsion must be of such a character by another to commit a another to commit a
as to leave no opportunity to the accused for escape crime by means of crime by means of
or self-defense in equal combat (People of the violence or physical intimidation or threat.
Philippines v. Loreno, 130 SCRA 311). force.
The irresistible force The uncontrollable fear
Q: Baculi, who was not a member of the band which must have been made may be generated by a
murdered some American school teachers, was in a to operate directly upon threatened act directed to
plantation gathering bananas. Upon hearing the the person of the a third person such as the
shooting, he ran. However, Baculi was seen by the accused and the injury wife of the accused who
leaders of the band who called him, and striking him feared may be of a was kidnapped, but the
with the butts of their guns, they compelled him to lesser degree than the evil feared must be
bury the bodies. Is he liable as an accessory to the damage caused by the greater or at least equal
crime of murder? accused. to the damage caused to
avoid it.
A: It was held that Baculi was not criminally liable as
accessory for concealing the body of the crime of Note: The person who used the force or created the fear is
criminally and primarily civilly liable, but the accused who
murder committed by the band because he acted
performed the act involuntarily and under duress is still
under the compulsion of an irresistible force (U.S. v. secondarily civilly liable (Art. 101).
Caballeros, 4 Phil. 350).
Q: The evidence on record shows that at the time
UNCONTROLLABLE FEAR the ransom money was to be delivered, appellants
Arturo Malit and Fernando Morales, unaccompanied
Q: What is the basis of this exempting circumstance? by any of the other accused, entered the van
wherein Feliciano Tan was. At that time, Narciso
Saldaña, Elmer Esguerra and Romeo Bautista were MINIMUM AGE OF CRIMINAL RESPONSIBILITY AND
waiting for both appellants from a distance of about TREATMENT OF CHILD BELOW AGE OF
one (1) kilometer. Is their defense of uncontrollable RESPONSIBILITY
fear tenable?
A: By not availing of this chance to escape, CRIMINAL
AGE BRACKET TREATMENT
appellants' allegation of fear or duress becomes LIABILITY
untenable. It was held that in order that the 15 years old or Exempt The child shall be
circumstance of uncontrollable fear may apply, it is below subjected to an
necessary that the compulsion be of such a character intervention
as to leave no opportunity to escape or self-defense program
in equal combat. Moreover, the reason for their entry Above 15 but Exempt The child shall be
to the van could be taken as their way of keeping below 18, who subjected to an
Feliciano Tan under further surveillance at a most acted without intervention
critical time (People v. Saldana, G.R. No. 148518, Apr. discernment program
15, 2004). Above 15 but Not Such child shall be
below 18, who exempt subjected to the
PREVENTED BY SOME LAWFUL acted with appropriate
OR INSUPERABLE CAUSE discernment proceedings in
accordance with
Q: What is the basis of this exempting circumstance? R.A. 9344
A: The basis is absence of intent. Note: The exemption from criminal liability in the cases
specified above does not include exemption from civil
Q: What is insuperable cause? liability, which shall be enforced in accordance with existing
laws.
A: Some motive which has lawfully, morally, or
physically prevented a person to do what the law Q: What is the penalty for an offender over 15 but
commands. below 18?
Q: What are the requisites under this exempting A: None, unless he acted with discernment. In that
circumstance? case, the offender shall undergo diversion programs
under R.A. 9344.
A:
1. An act is required by law to be done. Q: What is a diversion program?
2. A person fails to perform such act.
3. Failure to perform such act was due to some A: Diversion Program refers to the program that the
lawful or insuperable cause. child in conflict with the law is required to undergo
after he/she is found responsible for an offense
JUVENILE JUSTICE AND WELFARE ACT OF 2006 without resorting to formal court proceedings,
(R.A. 9344) subject to the following conditions:
DEFINITION OF “CHILD IN CONFLICT WITH THE LAW” 1. Where the imposable penalty for the crime
committee is not more than six (6) years
Q: What is the meaning of “a child in conflict with imprisonment, the law enforcement officer or
the law”? Punong Barangay with the assistance of the local
social welfare and development officer or other
A: It refers to a child who is alleged as, accused of, or members of the LCPC shall conduct mediation,
adjudged as, having committed an offense under family conferencing and conciliation;
Philippine laws.
2. In victimless crimes where the imposable penalty
Note: The child in conflict with the law shall enjoy the is not more than six (6) years imprisonment, the
presumption of minority. He/she shall enjoy all the rights of local social welfare and development officer shall
a child in conflict with the law until he/she is proven to be meet with the child and his/her parents or
18 years old or older. guardians for the development of the
appropriate diversion and rehabilitation
program;
3. Where the imposable penalty for the crime of sentence, because such is already moot and
committed exceeds six (6) years imprisonment, academic (People v. Mantalaba, G.R. No. 186227, July
diversion measures may be resorted to only by 20, 2011 reiterating People v. Sarcia).
the court.
DETERMINATION OF AGE
Q: What is intervention?
Q: How can age be determined?
A: Intervention refers to a series of activities which
are designed to address issues that caused the child A: The age of a child may be determined from the
to commit an offense. It may take the form of an child's:
individualized treatment program which may include 1. Birth certificate
counseling, skills training, education, and other 2. Baptismal certificate
activities that will enhance his/ her psychological, 3. Any other pertinent documents
emotional and psycho-social well-being. An
intervention program covering at least a 3-year Note: In the absence of these documents, age may be
period shall be instituted in LGUs from the barangay based on information from the child himself/herself,
to the provincial level. testimonies of other persons, the physical appearance of
the child and other relevant evidence. In case of doubt as to
the age of the child, it shall be resolved in his/her favor.
Q: What is automatic suspension of sentence as
provided for in Sec. 38 of R.A. 9344?
EXEMPTION FROM CRIMINAL LIABILITY: STATUS
OFFENSES AND OFFENSES NOT
A: Once the child who is under 18 years of age at the
APPLICABLE TO CHILDREN
time of the commission of the offense is found guilty
of the offense charged, the court shall determine and
Q: What are the exempting provisions under this
ascertain any civil liability which may have resulted
act?
from the offense committed. However, instead of
pronouncing the judgment of conviction, the court
A:
shall place the child in conflict with the law under
1. Status offenses (Sec. 57) – Any conduct not
suspended sentence, without need of application:
considered an offense or not penalized if
Provided, however, That suspension of sentence shall
committed by an adult shall not be considered an
still be applied even if the juvenile is already 18 years
offense and shall not be punished if committed
of age or more at the time of the pronouncement of
by a child.
his/her guilt.
EX: Curfews for minors
Upon suspension of sentence and after considering
the various circumstances of the child, the court shall
2. Offenses not applicable to children (Sec. 58) –
impose the appropriate disposition measures as
Persons below eighteen (18) years of age shall be
provided in the Supreme Court Rule on Juveniles in
exempt from prosecution for the crime of:
Conflict with the Law. (A.M. No. 02-1-18-SC, Nov. 24,
a. Vagrancy and prostitution under Sec. 202 of
2009)
RPC
Q: If the accused was a minor during the commission
Note: Under R.A. 10158, Vagrancy has been
of the crime and was already beyond the age 21 yrs. decriminalized.
old at the time of the pronouncement of his guilt, is
the said accused entitled to suspension of sentence? b. Sniffing of rugby under Presidential Decree
No. 1619
A: No. While Sec. 38 of R.A. No. 9344 provides that
suspension of sentence can still be applied even if the 3. Under Sec 59 with regard to exemption from the
child in conflict with the law is already eighteen (18) application of death penalty.
years of age or more at the time of the
pronouncement of his/her guilt, Section 40 of the Note: R.A. 9346 prohibits the imposition of the death
same law limits the said suspension of sentence until penalty in the Philippines.
the child reaches the maximum age of 21. Hence, the
accused, who is now beyond the age of twenty-one
(21) years can no longer avail of the provisions of
Sections 38 and 40 of R.A. 9344 as to his suspension
MITIGATING CIRCUMSTANCES A:
ART. 13 PRIVILEGED
ORDINARY MITIGATING
MITIGATING
Q: What are mitigating circumstances? Can be offset by Can never be offset by
aggravating any aggravating
A: Mitigating circumstances are those which, if circumstances circumstance.
present in the commission of the crime, do not Ordinary mitigating
entirely free the actor from criminal liability but serve Privileged mitigating
circumstances, if not
only to reduce the penalty. circumstances operate
offset, will operate to
to reduce the penalty by
reduce the penalty to
Note: One single fact cannot be made the basis of more one to two degrees,
the minimum period,
than one mitigating circumstance. Hence, a mitigating depending upon what
provided the penalty is a
circumstance arising from a single fact absorbs all the other the law provides.
divisible one.
mitigating circumstances arising from the same fact.
Q: What is the concept of incomplete justifying or A: No. Under Art. 12, par. 4, there are four requisites
exempting circumstance? for the exempting circumstance of accident. First, a
person must be performing a lawful act. Second, such
A: Incomplete justifying/ exempting circumstance must be done with due care. Third, an injury was
means that not all the requisites to justify the act are caused to another by mere accident. Fourth, there is
present or not all the requisites to exempt from no fault or intention of causing such injury.
criminal liability are present.
If the act was performed with due care but there was
Q: How may incomplete justifying circumstance or fault in causing an injury, the case will fall under
incomplete exempting circumstance affect criminal Article 365, felonies by negligence or imprudence.
liability of the offender? The effect would be like a mitigating circumstance
since said article states that the penalty will be lower
A: If less than a majority of the requisites necessary than if the felony was committed intentionally.
to justify the act or exempt from criminal liability are
present, the offender shall only be entitled to an If the person is performing a lawful act but has the
ordinary mitigating circumstance. intention to cause an injury, it will be an intentional
felony, the second and third requisite will no longer
If a majority of the requisites needed to justify the act apply.
or exempt from criminal liability are present, the
offender shall be given the benefit of a privileged UNDER 18 OR OVER 70 YEARS OLD .
mitigating circumstance. The penalty shall be lowered
by one or two degrees. When there are only two Q: Who are covered under this mitigating
conditions to justify the act or to exempt from circumstance?
criminal liability, the presence of one shall be
regarded as the majority. A: Offenders who are:
1. Over 15 but under 18 years old who acted
Q: What condition is necessary before incomplete with discernment
self-defense, defense of relative, or defense of 2. Over 70 years old
stranger may be invoked?
Note: It is the age of the accused at the time of the
commission of the crime which should be determined.
A: The offended party must be guilty of unlawful
aggression. Without unlawful aggression, there can
be no incomplete self-defense, defense of relative, or Q: What are the legal effects of the various age
defense of stranger. brackets of the offender with respect to his criminal
liability?
Q: How may incomplete self-defense, defense of
relative, or defense of stranger affect the criminal A:
liability of the offender? AGE
EFFECT ON CRIMINAL LIABILITY
BRACKET
A: If only the element of unlawful aggression is 15 and
Exempting circumstance
present, the other requisites being absent, the under
offender shall be given only the benefit of an ordinary Exempting circumstance, if he acted
mitigating circumstance. Over 15 without discernment. Mitigating
under 18 circumstance, if he acted with
discernment
18 to 70 Full criminal responsibility EX: If the rapist choked the victim, the choking
Mitigating circumstance; no imposition contradicts the claim that he had no intention to kill
of death penalty; execution of death the girl.
Over 70
sentence if already imposed is
suspended and commuted. Q: In crimes against persons, what if the victim does
not die?
Q: What is senility and its effect?
A: The absence of the intent to kill reduces the felony
A: Senility, or “second childhood” is generally used to to mere physical injuries. It is not considered as
describe the state of a person of very old age with mitigating. It is only mitigating when the victim dies.
impaired or diminished mental faculties similar to but
not on the level of the early years of infancy. It can, at Q: When can the mitigating circumstance of lack of
most, be only mitigating, unless the mental intent to commit so grave a wrong not be
deterioration has become a case of senile dementia appreciated?
approximating insanity, in which case it may be
considered as an exempting circumstance. A: The mitigating circumstance of lack of intent to
commit so grave a wrong as that actually perpetrated
NO INTENTION TO COMMIT SO GRAVE A WRONG cannot be appreciated where the acts employed by
(PRAETER INTENTIONEM) the accused were reasonably sufficient to produce
and did actually produce the death of the victim
Q: What is the basis of this mitigating circumstance? (People v. Sales, G.R. No. 177218, October 3, 2011).
A: The basis is diminution of intent. Note: Lack of intention to commit so grave a wrong cannot
be raised as a mitigating circumstance under the Anti-
Hazing Law
Q: Should there be a notable and evident
disproportion between the means employed by the
SUFFICIENT THREAT OR PROVOCATION .
offender compared to that of the resulting felony?
Q: What is the basis of this mitigating circumstance?
A: Yes. If the resulting felony could be expected from
the means employed, this circumstance does not
A: The basis is loss of reasoning and self-control,
avail.
thereby diminishing the exercise of his will power.
Q: Does it apply to felonies by negligence?
Q: Should threat be offensive and positively strong?
A: No, it is not applicable because the offender acts
A: No. Threat should not be offensive and positively
without intent. The intent in intentional felonies is
strong because if it was, the threat to inflict real
replaced by negligence or imprudence.
injury is an unlawful aggression which may give rise
to self-defense and thus, no longer a mitigating
Q: What are the factors in order to ascertain the
circumstance.
intention?
Q: What is provocation?
A:
1. The weapon used
A: Provocation is any unjust or improper conduct or
2. The part of the body injured
act of the offended party, capable of exciting, inciting
3. The injury inflicted
or irritating anyone.
4. The manner it is inflicted
Note: This provision addresses the intention of the offender Q: What are the requisites of sufficient threat or
at the particular moment when the offender executes or provocation as a mitigating circumstance?
commits the criminal act and not during the planning stage.
A:
Q: Is this mitigating circumstance applicable when 1. Provocation must be sufficient.
the offender employed brute force? 2. It must originate from the offended party.
3. It must be immediate to the act.
A: No.
Q: How is sufficient threat or provocation as a provocation done to him, then, he will still get the
mitigating circumstance distinguished from threat or benefit of this mitigating circumstance.
provocation as an element of self- defense?
VINDICATION OF A GRAVE OFFENSE
A: As an element of self-defense it pertains to its
absence on the part of the person defending himself Q: What is the basis of this mitigating circumstance?
while as a mitigating circumstance, it pertains to its
presence on the part of the offended party (People v. A: The basis is loss of reasoning and self-control,
CA, G.R No. 103613, Feb. 23, 2001). thereby, diminishing the exercise of his will power.
Note: Sufficiency depends on: Note: This has reference to the honor of a person. It
1. The act constituting the provocation concerns the good names and reputation of the individual
2. The social standing of the person provoked (People v. Anpar, 37 Phil. 201).
3. Time and place provocation took place
Q: What are the requisites of vindication of a grave
Q: Tomas’ mother insulted Petra. Petra kills Tomas offense as a mitigating circumstance?
because of the insults. Can Petra avail of the
mitigating circumstance? A:
1. Grave offense has been done to the one
A: No. There is no mitigating circumstance because it committing the felony, his spouse, ascendants,
was the mother who insulted her, not Thomas. descendants, legitimate, natural or adopted
brothers or sisters, or relatives by affinity within
Note: The liability of the accused is mitigated only insofar the same degree.
as it concerns the harm inflicted on the person who made 2. A felony is committed in vindication of such
the provocation, but not with regard to the other victims grave offense.
who did not participate in the provocation (US v.
Malabanan, 9 Phil 262). Note: The vindication need not be done by the person
upon whom the grave offense was committed or who
Q: Why does the law require that “provocation must was offended by the wrong done by the offended
be immediate to the act,” i.e., to the commission of party.
the crime by the person who is provoked?
Q: What is the meaning of the word offense in this
A: If there was an interval of time, the conduct of the particular mitigating circumstance?
offended party could not have excited the accused to
the commission of the crime, he having had time to A: The word offense should not be construed as
regain his reason and to exercise self-control. equivalent to crime. It is enough that what was done
Moreover, the law presupposes that during that was wrong.
interval, whatever anger or diminished self-control
may have emerged from the offender had already Q: What factors should be considered in
vanished or diminished. determining whether the wrong is grave or not?
his brother or sister, whether natural, Q: What are the requisites of passion or
adopted or legitimate obfuscation?
3. The grave offense is the proximate cause of
the commission of the crime. A:
1. That there is an act, both unlawful and sufficient
Q: Compare the circumstances of sufficient threat or to produce such a condition of mind.
provocation and vindication of a grave offense. 2. That the said act which produced the obfuscation
was not far removed from the commission of the
A: crime by a considerable length of time, during
SUFFICIENT THREAT OR VINDICATION OF GRAVE which the perpetrator might recover his natural
PROVOCATION OFFENSE equanimity.
It is made directly only to The grave offense may be
the person committing committed also against Q: What is the rule when the three mitigating
the felony. the offender’s relatives circumstances of sufficient threat or provocation
mentioned in the law. (par. 4), vindication of a grave wrong (par. 5) and
The cause that brought The offended party must passion or obfuscation (par. 6) are present?
about the provocation have done a grave
need not be a grave offense against the A: GR: If the offender is given the benefit of
offense. offender or his relatives paragraph 4, he cannot be given the benefit of
mentioned in the law. paragraph 5 or 6, or vice-versa. Only one of the three
It is necessary that the The vindication of the mitigating circumstances should be given in favor of
provocation or threat grave offense may be the offender.
immediately preceded proximate which admits
the act. There must be of interval of time XPN: If the mitigating circumstances under
no interval of time between the grave paragraphs 4, 5 and 6 arise from different sets of
between the provocation offense committed by facts, they may be appreciated together,
and the commission of the offended party and although they may have arisen from one and the
the crime. the commission of the same case.
crime of the accused.
Q: When is passion or obfuscation not a mitigating
PASSION OR OBFUSCATION circumstance?
Q: What is the basis of this mitigating circumstance? A: If the act is committed in the spirit of:
1. Lawlessness
A: The basis is loss of reasoning and self-control, 2. Revenge
thereby diminishing the exercise of his will power.
Q: May passion and obfuscation be appreciated as a
Q: What is passion or obfuscation? mitigating circumstance even if the reported acts are
not true?
A: Passion and obfuscation refer to emotional feeling
which produces excitement so powerful as to A: It may be appreciated even if the reported acts
overcome reason and self-control. It must come from causing obfuscation was not true, as long as it was
prior unjust or improper acts. The passion and honestly and reasonably believed by the accused to
obfuscation must emanate from legitimate be true (People v. Guhiting, 88 Phil. 672).
sentiments.
Q: What are the distinctions between passion/
Q: What are the elements of passion or obfuscation obfuscation and provocation?
as a mitigating circumstance?
A:
PASSION/OBFUSCATION PROVOCATION
A:
It is produced by an impulse The provocation
1. Accused acted upon an impulse
which may cause comes from the
2. Impulse must be so powerful that it naturally
provocation injured party
produced passion or obfuscation in him.
The offense need not be It must immediately
Note: The passion or obfuscation should arise from lawful immediate. It is only precede the
sentiments in order to be mitigating. required that the influence commission of the
thereof lasts until the crime.
Q: What is the basis of this mitigating circumstance? Q: Does the law require that the accused surrender
prior to the order of arrest?
A: The basis is the lesser perversity of the offender.
The offender is willing to accept the consequences of A: No. What matters is the spontaneous surrender of
the wrong he has done which thereby saves the the accused upon learning that a warrant of arrest
government the effort, time and expenses to be had been issued against him and that voluntary
incurred in searching for him. surrender is obedience to the order of arrest issued
against him (People v. Cahilig, 68 Phil. 740)
Q: What are the mitigating circumstances under this
paragraph? Q: Who is a person in authority?
Q: If the accused escapes from the scene of the A: Jeprox is not entitled to the mitigating
crime in order to seek advice from a lawyer, and the circumstance of voluntary surrender as his going to
latter ordered him to surrender voluntarily to the the police station was only for the purpose of
authorities, which the accused followed by verification of the news that he is wanted by the
surrendering himself to the municipal mayor, will his authorities. In order to be mitigating, surrender must
surrender be considered mitigating? be spontaneous and that he acknowledges his guilt.
A: Yes, because he fled to the scene of a crime not to Neither is plea of guilty a mitigating circumstance
escape but to seek legal advice. because it was a qualified plea. Besides, Art. 13(7)
provides that confession of guilt must be done before
Q: Supposing that after the accused met a vehicular the prosecution had started to present evidence.
accident causing multiple homicide because of
reckless imprudence, he surrenders to the PHYSICAL DEFECT
authorities immediately thereafter, will his
surrender mitigate his liability because of Art. 13? Q: What is the basis of this mitigating circumstance?
A: No. In cases involving felonies committed by A: The basis is the diminution of the element of
means of culpa, the court is authorized under Art. voluntariness.
365 to impose a penalty upon the offender without
regard to the rules on mitigating and aggravating Q: What is physical defect?
circumstances.
A: A person's physical condition, such as being deaf
Q: What are the requisites of confession of guilt as a and dumb, blind, armless, cripple, or stutterer,
mitigating circumstance? whereby his means of action, defense or
communication with others are restricted or limited.
A: The physical defect that a person may have must
1. The offender voluntarily confessed his guilt. have a relation to the commission of the crime.
2. It was made in open court (that is before the
competent court that is to try the case). Q: What are the requisites of physical defect as a
3. It was made prior to the presentation of mitigating circumstance?
evidence for the prosecution.
A:
Q: Is plea of guilty applicable to all crimes? 1. The offender is deaf and dumb, blind or
otherwise suffering from some physical defect
A: No. A plea of guilty is not mitigating in culpable 2. Such physical defect restricts his means of action,
felonies, and in crimes punished by special laws. defense, or communication with his fellow
beings.
Q: Will a conditional plea of guilty be considered as
a mitigating circumstance? Q: Suppose X is deaf and dumb and he has been
slandered, he cannot talk so what he did was, he got
A: To be mitigating, the plea of guilty must be a piece of wood and struck the fellow on the head. X
without conditions. But conditional plea of guilty may was charged with physical injuries. Is X entitled to a
still be mitigating if the conditions imposed by the mitigating circumstance by reason of his physical
accused are found to be meritorious. defect?
Q: Upon learning that the police wanted him for the A: Yes, the Supreme Court held that being a deaf and
killing of Polistico, Jeprox decided to visit the police dumb is mitigating because the only way to vindicate
station to make inquiries. On his way, he met a himself is to use his force because he cannot strike
policeman who immediately served upon him the back by words.
warrant for his arrest. During the trial, in the course
of the presentation of the prosecution’s evidence, Note: The law says that the offender is deaf and dumb,
Jeprox withdrew his plea of not guilty. Can he meaning not only deaf but also dumb, or that he is blind,
invoke the mitigating circumstances of voluntary meaning in both eyes, but even if he is only deaf and not
dumb, or dumb but not deaf, or blind only in eye, he is still
surrender and plea of guilty? (1992 Bar Question)
entitled to a mitigating circumstance under this article as
long as his physical defects restricts his means of
SIMILAR AND ANALOGOUS CIRCUMSTANCES Q: What are the circumstances which are neither
exempting nor mitigating?
Q: What are the examples of analogous
circumstances? A:
1. Mistake in the blow or aberratio ictus
A: 2. Mistake in the identity (error in personae)
1. The act of the offender of leading the law 3. Entrapment
enforcers to the place where he buried the 4. Accused is over 18 years of age
instrument of the crime has been considered as 5. Performance of righteous action
equivalent to voluntary surrender.
2. Stealing by a person who is driven to do so out of AGGRAVATING CIRMUSTANCES
extreme poverty is considered as analogous to ART. 14
incomplete state of necessity (People v. Macbul,
74 Phil. 436), unless he became impoverished Q: What are aggravating circumstances?
because of his own way of living his life, i.e. he
had so many vices. A: Those which, if attendant in the commission of the
3. Defendant who is 60 years old with failing crime:
eyesight is similar to a case of a person over 70 1. Serve to have the penalty imposed in its
years of age (People v. Reantillo and Ruiz, C.A. maximum period provided by law for the
G.R. No. 301, July 27, 1938). offense, or
4. Impulse of jealous feeling, similar to passion and 2. Change the nature of the crime.
obfuscation.
5. Voluntary restitution of property, similar to Q: What is the basis of aggravating circumstances?
voluntary surrender.
6. Outraged feeling of the owner of animal taken A: They are based on the greater perversity of the
for ransom is analogous to vindication of grave offender manifested in the commission of the felony
offense. as shown by:
7. Esprit de corps is similar to passion and 1. The motivating power itself
obfuscation. 2. The place of commission
3. The means and ways employed
Q: What are those circumstances which aggravate 2. From his private relations with the offended
criminal liability? party
3. From any other personal cause
A:
1. Advantage taken of public position Q: How are personal aggravating circumstances
2. Contempt or insult to public authorities appreciated?
3. Disregard of age, sex, or dwelling of the offended
party A: It shall only serve to aggravate the liability of those
4. Abuse of confidence and obvious ungratefulness persons as to whom such circumstances are
5. Palace and places of commission of offense attendant. (Art. 62, par. 3)
6. Nighttime, uninhabited place or band
7. On occasion of calamity or misfortune Q: What is the rule regarding the appreciation of an
8. Aid of armed men, etc. aggravating circumstance if there are several
9. Recidivist accused?
10. Reiteracion
11. Price, reward, or promise A: GR: The circumstances which serve to aggravate or
12. By means of inundation, fire, etc. mitigate the liability of those persons only who had
13. Evident premeditation knowledge of them at the time of the execution of
14. Craft, fraud or disguise the act or their cooperation therein are those which
15. Superior strength or means to weaken the consist in the:
defense 1. Material execution of the act; or
16. Treachery 2. Means employed to accomplish it
17. Ignominy
18. Unlawful entry XPN: When there is proof of conspiracy, in which
19. Breaking wall case the act of one is deemed to be the act of all,
20. Aid of minor or by means of motor vehicle or regardless of lack of knowledge of the facts
other similar means constituting the circumstance. (Art. 62, par. 4)
21. Cruelty
TAKING ADVANTAGE OF PUBLIC POSITION
Q: When can position and standing of the accused
be considered aggravating? Q: What is basis of this aggravating circumstance?
A: Where a person found guilty of violation of A: The greater perversity of the offender, as shown
Gambling law is a man of station or standing in the by the means:
community, the maximum penalty should be imposed 1. Of personal circumstance of the offender.
(U.S. v. Salaveria, G.R. No. L-13678, November 12, 2. Used to secure the commission of the crime.
1918).
Q: When is taking advantage of public position
Q: What are the aggravating circumstances which considered as an aggravating circumstance?
do not have the effect of increasing the penalty?
A: It is considered as an aggravating circumstance
A: Aggravating circumstances which: only when the offender is a public officer. The
1. In themselves constitute a crime especially offender must have:
punishable by law 1. Abused his public position; or
2. Included by law in defining a crime and 2. At least, the use of the same facilitated the
prescribing penalty commission of the offense.
3. Inherent in the crime to such a degree that it
must of necessity accompany the commission Note: To be applicable the public officer must have used
thereof his: I-P-A
a. Influence
b. Prestige
Q: What are the aggravating circumstances which
c. Ascendancy
are personal to the offenders?
There is no abuse of public position when the offender
A: Aggravating circumstances which arise: could have perpetuated the crime even without occupying
1. From the moral attributes of the offender his position.
Q: When is taking advantage of public position not independently of each other and numerically reckoned
considered as an aggravating circumstance? accordingly (People v. Santos, et al., 91 Phil. 320).
A: This circumstance is not applicable in offenses Q: What is the basis of these aggravating
where taking advantage of official position is made by circumstances?
law an integral element of the crime, such as in
malversation or in falsification of document A: The greater perversity of the offender, as shown
committed by public officers. by the personal circumstances of the offended party
and the place of commission.
CONTEMPT OR INSULT TO PUBLIC AUTHORITIES
Q: What are the two ways in committing the
Q: What is basis of this aggravating circumstance? aggravating circumstance under this paragraph?
A: Public authority also called Person in authority is a Q: To what does rank refer?
public officer directly vested with jurisdiction,
whether as an individual or as a member of some A: It refers to official, civil, or social position or
court or governmental corporation, board, or standing. The designation or title of distinction used
commission, shall be deemed a person in authority. A to fix the relative position of the offended party in
barrio captain and a barangay chairman shall also be reference to others. There must be a difference in the
deemed a person in authority. (Art 152 as amended social condition of the offender and the offended
by P.D. No. 1232) party.
Note: Teachers, professors and persons charged with the Q: When is age considered aggravating
supervision of public or duly recognized private schools, circumstance?
colleges and universities, and lawyers in the actual
performance of their professional duties or on the occasion A: Age applies in cases where the victim is of tender
of such performance, are persons in authority only for age or is of old age. It applies when the offender is
purposes of direct assault and simple resistance.
the father, mother, son or daughter of the offended
party.
Q: Is it necessary that the offender has knowledge
that the public authority is present? Q: What does sex refer?
A: Yes, Knowledge that a public authority is present is A: Sex refers to female sex, not to male sex.
essential. Lack of such knowledge indicates lack of
intention to insult the public authority. Q: When is the aggravating circumstance of
disregard of rank, age, sex not considered for the
DISREGARD OF RANK, SEX, AGE OR DWELLING purpose of increasing the penalty?
Note: Par. 3 provides for four aggravating circumstances
A:
which, if present in the same case, should be considered
3. That the act be committed with obvious In both, public authorities are in the performance of
ungratefulness their duties.
Note: The ungratefulness must be such clear and manifest Q: Are crimes committed in the Malacañang palace
ingratitude on the part of the accused. or church always aggravating?
Q: What is the basis of this aggravating Q: What is meant by place dedicated to religious
circumstance? worship?
A: The greater perversity of the offender, as shown A: The place must be permanently dedicated to
by the place of the commission of the crime, which public religious worship. Private chapels are not
must be respected. included.
Q: What are the requisites of palace and places of Note: To be considered aggravating, the accused must have
commission of offenses as an aggravating purposely sought the place for the commission of the crime
circumstance? and that he committed it there notwithstanding the respect
to which it was entitled, and not where it was only an
A: The crimes be committed: accidental or incidental circumstance (People v. Jauringe, et
1. In the palace of the Chief Executive; or al., 76 Phil. 174).
2. In his presence ; or
3. Where public authorities are engaged in the NIGHT TIME, UNINHABITED PLACE OR BY A BAND
discharge of their duties; or
4. In a place dedicated to religious worship Q: Should these circumstances be considered as only
one or separately?
Note: The place where public authorities are discharging
their duties is not aggravating in direct assault on a person A: No. It should be considered separately.
then engaged in the performance of judicial duties because
the circumstance is absorbed in the nature of the crime Q: When is nighttime, uninhabited place or band
(People v. Perez, CA, 57 O.G. 1598). considered aggravating?
Note: In contrast, public authorities must actually be “Impunity” means to prevent the offender from being
engaged in the discharge of their duties, there must be recognized or to secure himself against detection and
some performance of public functions. punishment.
Q: What are the distinctions between par. 5 and par. 3. The offender took advantage thereof for the
2? purpose of impunity.
that the commission of the crime was commenced A: To be aggravating, it is necessary that the offender
and completed at night time. took advantage of the place and purposely availed of
it as to make it easier to commit the crime. The
Q: What are the reasons why night time is offender must choose the place as an aid either:
considered aggravating? 1. To an easy and uninterrupted
accomplishment of their criminal designs ; or
A: 2. To insure concealment of the offense
1. During night time, recognition of the accused is
harder. Q: What is a band?
2. Harder for the victim to defend himself.
3. Night time provides security for the accused. A: It means that there are at least four armed
4. Mere presence of darkness gives others anxiety malefactors acting together in the commission of the
or fear. offense.
Q: What makes nighttime an aggravating Note: The RPC does not require any particular arms or
circumstance? weapons, so any instrument or implement which, by reason
of intrinsic nature or the purpose for which it was made or
used by the accused, is capable of inflicting serious injuries.
A: Darkness of the night. Hence when the place of the
crime is illuminated or sufficiently lighted, nighttime
is not aggravating. It is also necessary that the Q: When is “by a band” considered as an
commission of the crime was begun and completed aggravating circumstance?
at nighttime. Hence, where the series of acts
necessary for its commission was begun at daytime A: The aggravating circumstance of by a band is
and was completed that night (People v. Luchico, 49 considered in crimes against property and in crimes
Phil. 689), or was begun at night and consummated against persons. This aggravating circumstance is not
the following day (U.S. v. Dowdell, Jr., et al., 11 Phil applicable in crimes against chastity.
4), the aggravating circumstance of nighttime was not
applied. ON OCCASION OF CONFLAGRATION, SHIPWRECK,
EARTHQUAKE, EPIDEMIC OR OTHER
Note: Lighting of a matchstick or use of flashlights does not CALAMITY OR MISFORTUNE.
negate the aggravating circumstance of night time. It must
be shown that the offender purposely sought the cover of Q: What is the basis of this aggravating
the darkness to commit the crime, or that the nighttime circumstance?
facilitated the commission of the crime.
A: The basis of this aggravating circumstance has
Q: What is the rule in the appreciation of nighttime reference to the time of the commission of the crime.
and treachery in the commission of a crime? The reason is the debased form of criminality met in
one who, in the midst of a great calamity, instead of
A: GR: Nighttime is absorbed in treachery lending aid to the afflicted, adds to their suffering by
taking advantage of their misfortune.
XPN: Where both the treacherous mode of
attack and nocturnity were deliberately decided Q: When is it considered as an aggravating
upon, they can be considered separately if such circumstance?
circumstances have different factual bases.
A: The crime is committed on the occasion of a
Q: What is an uninhabited place (despoblado)? conflagration, shipwreck, earthquake, epidemic or
other calamity of misfortune and the offender takes
A: It is where there are no houses at all, a place at a advantage of it.
considerable distance from town or where the houses
are scattered at a great distance from each other. It is Note: Calamity or misfortune refers to other conditions of
not determined by the distance of the nearest house distress similar to the enumeration preceded by it.
to the scene of the crime but whether or not in the
place of the commission of the offense there was a AID OF ARMED MEN
reasonable possibility of the victim receiving some
help. Q: How is this circumstance present?
Note: Arms is not limited to firearms. Bolos, knives, sticks Q: What are the requisites of recidivism?
and stones are included. Aid of armed men includes armed
women. A:
1. That the offender is on trial for an offense.
Q: What are the circumstances when aid of armed 2. He was previously convicted by final judgment of
men is not considered as an aggravating another crime.
circumstance? 3. Both the first and second offense are embraced
in the same title of the RPC.
A: 4. Offender is convicted of the new offense.
1. When both the attacking party and the party
attacked were equally armed Q: What is the effect of recidivism in the application
2. When the accused as well as those who of penalties?
cooperated with him in the commission of the
crime acted under the same plan and for the A: GR: Being an ordinary aggravating circumstance,
same purpose. recidivism affects only the periods of a penalty.
3. The casual presence of the armed men near the
place where the crime was committed when the XPN: In prostitution and vagrancy (Art. 202),
accused did not avail himself of their aid or relied and gambling (P.D. 1602, which repealed
upon them to commit the crime. Art. 192 of the Code) wherein recidivism
increases the penalties by degrees.
Q: What aggravating circumstance will be
considered if there are four armed men? Q: What is the meaning of “at the time of his trial for
one crime”?
A: If there are four armed men, aid of armed men is
absorbed in employment of a band. If there are three A: It is employed in its generic sense, including the
armed men or less, aid of armed men may be the rendering of the judgment, it is meant to include
aggravating circumstance. everything that is done in the course of the trial, from
arraignment until after sentence is announced by the
Q: What are the distinctions between a crime judge in open court.
committed by a band under paragraph 6 and a crime
committed with the aid of armed men under Q: What is the reason for considering recidivism as
paragraph 8? an aggravating circumstance?
A: Yes, because homicide and murder are crimes both 1. That the accused is on trial for an offense;
under crimes against persons, hence both crimes are 2. The he previously served sentence for another to
embraced in the same title of the RPC. which the law attaches an equal or greater
penalty , or for two or more crimes to which it
Q: Is it necessary that the conviction come in the attaches lighter penalty than that for the new
order in which they are convicted. offense ; and
3. That he is convicted of the new offense.
A: Yes. Hence, there is no recidivism if the
subsequent conviction is for an offense committed Note: It is the penalty attached to the offense, not the
prior to the offense involved in the previous penalty actually imposed, that is actually considered.
conviction.
Q: What are the distinctions between reiteracion
Note: If both offenses were committed on the same date, and recidivism?
they shall be considered as only one, hence, they cannot be
separately counted in order to constitute recidivism. Also, A:
judgments of conviction handed down on the same day REITERACION RECIDIVISM
shall be considered as only one conviction. It is necessary that the It is enough that a final
offender shall have judgment has been
Q: What is the effect of pardon to recidivism? served out his sentence rendered in the first
for his first offense offense
A: GR: Pardon does not obliterate recidivism, even if
Previous and subsequent Offenses should be
it is absolute because it only excuse the service of the
offenses must not be included in the same title
penalty not the conviction.
embraced in the same of the RPC
title of the RPC
XPN: If the offender had already served out his
sentence and was subsequently extended
IN CONSIDERATION OF A PRICE
pardon.
REWARD OR PROMISE
Note: If The President extends pardon to someone who
already served out the principal penalty, there is a Q: What is the basis of this aggravating
presumed intention to remove recidivism. circumstance?
Q: What is the effect of Amnesty to recidivism? A: The greater perversity of the offender, as shown
by the motivating power itself.
A: Amnesty extinguishes the penalty and its effects,
thus it obliterates recidivism. Q: What are the requisites of in consideration of a
price, reward, or promise as an aggravating
Q: Is recidivism subject to prescription? circumstance?
Q: What is the basis of this aggravating Note: The price, reward or promise need not consist of or
refer to material things, or that the same were actually
circumstance?
delivered, it being sufficient that the offer made by the
principal by inducement be accepted by the principal by
A: The greater perversity of the offender as shown direct participation before the commission of the offense.
by his inclination to crimes.
Q: Against whom will this aggravating circumstance
Q: What are the requisites of reiteracion as an be appreciated?
aggravating circumstance?
A: It is appreciated in both the principal by
A: inducement and principal by direct participation.
Q: Does this aggravating circumstance affect the 3. There was an intention to kill and fire was used
criminal liability of the one giving the offer? to conceal the crime – there are two separate
crimes: arson and murder.
A: Yes. This aggravating circumstance affects or
aggravates not only the criminal liability of the EVIDENT PREMEDITATION
receiver of the price, reward or promise but also the
criminal liability of the one giving the offer. Q: What is the basis of this aggravating
circumstance?
Note: To consider this circumstance, the price, reward, or
promise must be the primary reason or the primordial A: The basis has reference to the ways of committing
motive for the commission of the crime. the crime.
Illustration: If A approached B and told the latter Q: What is the essence of premeditation?
what he thought of X, and B answered “he is a
bad man” to which A retorted, “you see I am A: The essence of premeditation is that the execution
going to kill him this afternoon”. And so, B told of the criminal act must be preceded by cool thought
him, “if you do that I’ll give you P5,000.00” and and upon reflection to carry out the criminal intent
after killing X, A again approached B, told him he during the space of time sufficient to arrive at a calm
had already killed X, and B in compliance with his judgment.
promise, delivered the P5,000.00. In this case,
the aggravating circumstance is not present. Q: What are the requisites of evident
premeditation?
BY MEANS OF INUNDATION, FIRE, POSION,
EXPLOSION ETC. A:
1. Determination – the time when the offender
Q: What are the aggravating circumstances under determined to commit the crime.
this paragraph? 2. Preparation- an act manifestly indicating that the
culprit has clung to his determination ; and
A: If the crime be committed by means of: 3. Time- a sufficient lapse of time between the
1. Inundation determination and execution, to allow him to
2. Fire reflect upon the consequences of his act and to
3. Explosion allow his conscience to overcome the resolution
4. Poison of his will.
5. Stranding of the vessel or intentional
damage thereto Q: Why is sufficient time required?
6. Derailment of locomotion ; or
7. By use of any other artifice involving great A: The offender must have an opportunity to coolly
waste and ruin and serenely think and deliberate on the meaning
and the consequences what he planned to do, an
Note: Any of these circumstances cannot be considered to
interval long enough for his conscience and better
increase the penalty or to change the nature of the offense,
judgment to overcome his evil desire.
unless used by the offender as means to accomplish a
criminal purpose.
Q: What is the rule in appreciating evident
It is also not aggravating when the law in defining the crime premeditation in error in personae and aberratio
includes them. E.g. Fire is not aggravating in the crime of ictus?
arson.
A: GR: Evident premeditation is not appreciated in
Q: What are the rules as to the use of fire? error in personae and aberratio ictus.
Q: Does conspiracy presupposes premeditation? been discovered only later on to consider this
aggravating circumstance.
A: GR: Conspiracy generally denotes premeditation.
Q: What is the test in order to determine if disguise
XPN: In implied conspiracy, evident exist?
premeditation may not be appreciated, in the
absence of proof as to how and when the plan to A: Whether the device or contrivance resorted to by
kill the victim was hatched or what time had the offender was intended to or did make
elapsed before it was carried out. identification more difficult, such as the use of a mask
or false hair or beard. If in spite of the disguise, the
CRAFT, FRAUD, OR DISGUISE offender was recognized, disguise cannot be
aggravating.
Q: What must be present in order for this
circumstance to be appreciated? Q: What is the distinction among Craft, Fraud, and
Disguise?
A: To be appreciated, these circumstances must have
facilitated or be taken advantage of by the offender A:
in the commission of a crime. CRAFT FRAUD DISGUISE
Involves the use Involves the Involves the
Note: According to Justice Regalado, the fine distinctions of intellectual use of direct use of devise
between craft and fraud would not really be called for as trickery and inducement by to conceal
these terms in Art. 14 are variants of means employed to cunning not to insidious identity
deceive the victim and if all are present in the same case,
arouse the words or
they shall be applied as a single aggravating circumstance.
suspicion of the machinations
victim
Q: What is craft?
A: Craft involves intellectual trickery and cunning on ABUSE OF SUPERIOR STRENGTH OR MEANS
the part of the accused in order not to arouse the EMPLOYED TO WEAKEN THE DEFENSE
suspicion of the victim.
Q: What is abuse of superior strength?
Q: What is fraud?
A: To use purposely excessive force out of proportion
A: Fraud is insidious words or machinations used to with the means of defense available to the person
induce the victim to act in a manner which enables attacked.
the offender to carry out his design.
Q: When is abuse of superior strength aggravating?
Note: Craft and fraud may be absorbed in treachery if they
have been deliberately adopted as means, methods or A: The aggravating circumstance of abuse of superior
forms for the treacherous strategy, or they may co-exist strength depends on the age, size, and strength of
independently where they are adopted for a different the parties. It is considered whenever there is a
purpose in the commission of the crime. notorious inequality of forces between the victim and
the aggressor.
Q: What is disguise?
Note: For abuse of superior strength, the test is the relative
A: Disguise means resorting to any device to conceal strength of the offender and his victim, and whether or not
identity. he took advantage of his greater strength. Superiority in
number does not necessarily mean superiority in strength.
Note: The test of disguise is whether the device or The accused must have cooperated and intended to use or
contrivance, or even the assumed name resorted to by the secure advantage from their superiority in strength (People
offender was intended to make identification more difficult. v. Basas, G.R. No. L-34251, Jan. 30, 1982).
Q: Is it necessary that the accused be able to hide his Q: How is abuse of superiority determined?
identity all throughout the commission of the crime?
A: Abuse of superiority is determined by the excess of
A: No. The accused must be able to hide his identity the aggressor’s natural strength over that of the
during the initial stage if not all throughout the victim, considering the position of both and the
commission of the crime and his identity must have employment of means to weaken the defense,
although not annulling it. The aggressor must have Note: Treachery cannot co-exist with passion or
taken advantage of his natural strength to insure the obfuscation (People v. Pansensoy, G.R. No. 140634, Sept.
commission of the crime (People v. Salcedo, G.R. No. 12, 2002)
178272, March 14, 2011).
Q: What is the essence of treachery?
Q: When do “means to weaken defense” exist?
A: The essence of the qualifying circumstance is the
A: It exists when the offended party’s resisting power suddenness, surprise and the lack of expectation that
is materially weakened. the attack will take place, thus, depriving the victim of
any real opportunity for self-defense while ensuring
Note: Means to weaken the defense may be absorbed in the commission of the crime without risk to the
treachery. E.g. When the accused throws a sand directly aggressor. Likewise, even when the victim was
into the eyes of his victim, this has the effect of weakening forewarned of the danger to his person, treachery
the defense of his victim as well as insuring the execution of may still be appreciated since what is decisive is that
his act without risk to himself. In this case, only one the execution of the attack made it impossible for the
aggravating circumstance will be appreciated, namely victim to defend himself or to retaliate (People v.
treachery, and the circumstance of means to weaken the
Villacorta, G.R. No. 186412, September 7, 2011).
defense will already be absorbed.
Q: Can both evident premeditation and treachery be A: It pertains to the moral order, which adds disgrace
appreciated? to the material injury caused by the crime. Ignominy
adds insult to injury or adds shame to the natural
A: Yes. Evident premeditation and treachery can co- effects of the crime. Ignominy shocks the moral
exist because evident premeditation refers to the conscience of man.
commission of the crime while treachery refers to the
manner employed. Q: When is ignominy considered as aggravating?
A: Yes. B was defenseless and gave him no A: One who acts, not respecting the walls erected by
opportunity to resist the attack or defend himself. A men to guard their property and provided for their
employed means which insured the killing of B and personal safety, shows greater perversity, a greater
such means assured him from the risk of B’s audacity and hence the law punishes him with more
defense. Stabbing from behind is a good indication of severity.
treachery (People v Yanson, G.R. No. 179195, October
3, 2011). Q: When is unlawful entry considered as an
aggravating circumstance?
IGNOMINY
A: There is unlawful entry when an entrance is
Q: To what does ignominy pertain to? effected by a way not intended for the purpose.
A: CRUELTY
1. An officer in order to make an arrest may break
open door or window of any building in which Q: What is cruelty?
the person to be arrested is or is reasonably
believed to be (Sec. 11, Rule 133 of Rules of A: There is cruelty when the wrong done was
Court); intended to prolong the suffering of the victim,
2. An officer if refused admittance may break open causing him unnecessary moral and physical pain.
any door or window to execute the search
warrant or liberate himself (Sec. 7, Rule 126 of Note: The basis of this aggravating circumstance is the
Rules of Court); means and ways employed in the commission of the crime.
3. Replevin (Sec.4, Rule 60 of Rules of Court)
Q: What are the requisites of cruelty as an
Q: What is the distinction between breaking wall aggravating circumstance?
and unlawful entry?
A:
A: 1. The injury caused be deliberately increased by
BREAKING WALL UNLAWFUL ENTRY causing other wrong.
Presupposes that there is 2. The other wrong be unnecessary for the
It involves the breaking
no such breaking as by execution of the purpose of the offender.
of the enumerated
entry through the
parts of the house.
window. Q: Is cruelty inherent in crimes against persons?
AID OF MINORS OR USE OF MOTOR VEHICLES A: No. In order for it to be appreciated, there must be
OR THER SIMILAR MEANS positive proof that the wounds found on the body of
the victim were inflicted while he was still alive to
Q: Why is the aid of minors considered an unnecessarily prolong physical suffering.
aggravating circumstance?
Note: In mutilation, outraging of a corpse is considered as
A: The use of a minor in the commission of the crime an aggravating circumstance. if the victim was already dead
shows the greater perversity of the offender because when the acts of mutilation were being performed, this
would qualify the killing to murder due to outraging of his
he is educating the innocent minor in committing a
corpse.
crime. It is intended to discourage the exploitation of
minors by criminals taking advantage of their
Q: What are the other aggravating circumstances?
irresponsibility and the leniency of the law for the
youthful offender.
A:
1. Organized or syndicated crime group
Q: Why is the use of motor vehicle considered as an
2. Under influence of dangerous drugs
aggravating circumstance?
3. Use of unlicensed firearm
DECREE CODIFYING THE LAWS ON A: When a person commits any of the crimes defined
ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, in the RPC or special laws with the use of the
DEALING IN, ACQUISITION OR DISPOSITION, OF aforementioned explosives, detonation agents or
FIREARMS, AMMUNITION OR EXPLOSIVES (P.D. incendiary devices, which results in the death of any
1866, AS AMENDED BY R.A. 8294) person or persons, the use of such explosives,
detonation agents or incendiary devices shall be
Q: What does unlicensed firearm include? considered as an aggravating circumstance. (Sec. 2,
RA 8294)
A: Unlicensed firearm shall include:
1. firearms with expired license; or Q: To consider illegal possession of firearm as an
2. unauthorized use of licensed firearm in the aggravating circumstance, is it necessary to present
commission of the crime. the firearm before the court?
Q: When is the use of unlicensed firearm considered A: No. The aggravating circumstance of illegal
as an aggravating circumstance? possession of firearm can be appreciated even
though the firearm used was not recovered. The
A: If homicide or murder is committed with the use of actual firearm itself need not be presented if its
unlicensed firearm, such use of unlicensed firearm existence can be proved by the testimonies of
shall be considered as an aggravating circumstance. If witnesses or by other evidence presented. (People v
an unlicensed firearm is used to commit a crime Agcanas, G.R. No. 174476, October 11, 2011)
other than homicide or murder, such as direct assault
with attempted homicide, the use of unlicensed Q: When can illegal possession of firearms be not
firearm is neither an aggravating nor a separate considered as an aggravating circumstance?
offense (People v. Walpan Ladjaamlam, GR 136149-
51, September 19, 2000). A: If the unlicensed firearm was used either to
commit a crime other than murder or homicide, in
Q: When is the use of unlicensed firearm considered which case, there shall be no separate charge of
absorbed an element of the crime committed? illegal possession of firearms since it will be absorbed
by the crime committed; or by merely carrying an
A: If the use of unlicensed firearm is in furtherance of unlicensed firearm without committing any offense,
or incident to, or in connection with the crime of in which case, the charge should be illegal possession
rebellion or insurrection, sedition or attempted coup of firearms.
d’etat, such shall be absorbed as an element of the
crimes mentioned (Sec. 1). Q: What are required to be proved in cases of illegal
possession of firearms?
Q: If an unlicensed firearm was used to kill a person,
can he be held guilty for a separate offense of illegal A: In crimes involving illegal possession of firearm,
possession of firearms aside from murder or the prosecution has the burden of proving the
homicide? elements thereof, viz.:
(a) the existence of the subject firearm; and
A: No. Where murder or homicide results from the (b) the fact that the accused who owned or
use of an unlicensed firearm, the crime is no longer possessed it does not have the license or
qualified illegal possession, but murder or homicide, permit to possess the same. The essence of
as the case may be. In such a case, the use of the the crime of illegal possession is the
unlicensed firearm is not considered as a separate possession, whether actual or constructive,
crime but shall be appreciated as an aggravating of the subject firearm, without which there
circumstance. In view of the amendments introduced can be no conviction for illegal possession.
by Republic Act. 8294 to Presidential Decree no.
1866, separate prosecutions for homicide and illegal After possession is established by the prosecution, it
possession are no longer in order. Instead, illegal would only be a matter of course to determine
possession of firearms is merely to be taken as an whether the accused has a license to possess the
aggravating circumstance in the homicide case. firearm. Possession of any firearm becomes unlawful
(People v. Avecilla, G.R. No. 117033, Feb. 15, 2001) only if the necessary permit or license is not first
obtained. The absence of license and legal authority
Q: When is the use of explosives considered an constitutes an essential ingredient of the offense of
aggravating circumstance? illegal possession of firearm and every ingredient or
essential element of an offense must be shown by c. The applicant has passed the drug
the prosecution by proof beyond reasonable doubt test conducted by an accredited
(People v Agcanas, G.R. No. 174476, October 11, and authorized drug testing
2011). laboratory or clinic;
d. The applicant has passed a gun
Q: Is good faith a valid defense against prosecution safety seminar which is
for illegal possession of firearm? administered by the PNP or a
registered and authorized gun club;
A: No, because Illegal Possession of Firearm is malum e. The applicant has filed in writing
prohibitum. the application to possess a
registered firearm which shall state
Illustration: Accused who was apprehended for the personal circumstances of the
carrying a cal. 9mm firearm and ammunitions without applicant;
the proper license to possess the same, claimed to be f. The applicant must present a police
a confidential agent of the AFP and in that capacity clearance from the city or
received the said firearm and ammunitions which is municipality police office; and
government property duly licensed to the Intelligence g. The applicant has not been
Security Group (ISG) of the AFP and so could not be convicted or is currently an accused
licensed under his name. Although the accused had a in a pending criminal case before
Memorandum Receipt and A Mission Order issued by any court of law for a crime that is
ISG, whereby he was entrusted with such firearm and punishable with a penalty of more
ammunitions which he was authorized to carry than 2 years.
around, he was nevertheless convicted for the
subject violation in as much as a Memorandum Carrying of firearms outside of residence or place of
Receipt and Mission Order cannot take the place of a business – A permit to carry firearms outside of
duly issued firearm license. The accused cannot residence shall be issued by the Chief of the PNP or
invoke good faith as a defense against a prosecution his duly authorized representative to any qualified
for illegal possession of firearm, as this is a malum person whose life is under actual threat or his/her life
prohibitum (Sayco v. People, G.R. 159703, March 3, is in imminent danger due to the nature of his/her
2008). profession, occupation or business.
-The burden is on the applicant to prove that his/her
R.A. 10591 (An Act Providing for a Comprehensive life is under actual threat by submitting a threat
Law on Firearms and Ammunition and Providing assessment certificate from the PNP.
Penalties for Violations Thereof, Approved: May 29.
2013) The following professionals are considered to be in
imminent danger due to the nature of their
Standards and requisites for issuance of and profession, occupation or business:
obtaining a license to own and possess firearms: a. Members of the Philippine Bar;
b. Certified Public Accountants;
1. Applicant must be a Filipino citizen c. Accredited Media Practitioners;
2. He must be at least 21 years old d. Cashiers, Bank Tellers;
3. Has gainful work, employment, occupation e. Priests, Ministers, Rabbi, Imams;
or business or has filed an Income Tax f. Physicians and Nurses;
Return for the preceding year as proof of g. Engineers and
income, profession, business or occupation. h. Businessmen, who by the nature of their
4. He shall submit the following certification business or undertaking, are exposed to high
issued by appropriate authorities attesting risk of being targets of criminal elements.
the following:
a. The applicant has not been Firearms that may be registered:
convicted of any crime involving
moral turpitude; Only small arms may be registered by licensed
b. The applicant has passed the citizens or licensed juridical entities for ownership,
psychiatric test administered by a possession and concealed carry.
PNP-accredited psychologist or
psychiatrist; Small arms – firearms intended primarily designed
for individual use or that which is generally
considered to mean a weapon intended to be fired kin, nearest relative, legal representative, or other
from the hand or shoulder, which are not capable of person who shall knowingly come into possession of
fully automatic bursts of discharge. such firearm or ammunition, to deliver the same to
the FEO of the PNP or Police Regional Office, and
A light weapon shall be lawfully acquired or such firearm or ammunition shall be retained by the
possessed exclusively by the AFP, PNP and other law police custodian pending the issuance of a license and
enforcement agencies authorized by the President in its registration in accordance, with RA 10591.
the performance of their duties.
-The failure to deliver the firearm or ammunition
Light weapons are within six (6) months after the death or legal disability
of the licensee shall render the possessor liable for
a.) Class A Light weapons – referring to self- illegal possession of the firearm.
loading pistols, rifles, and carbines, submachine
guns, assault rifles and light machine guns not Punishable Acts:
exceeding caliber 7.62MM which have fully 1. Unlawful acquisition, or possession of
automatic mode; and firearms and ammunition
2. Use of loose firearm in the commission of a
b.) Class-B Light weapons - referring to weapons crime
designed for use by two (2) or more persons
serving as a crew, or rifles and machine guns Loose firearm- refers to an unregistered
exceeding caliber 7.62MM such as heavy firearm, an obliterated or altered
machine guns, handheld under barrel and firearm, firearm which has been lost or
mounted grenade launchers, portable anti- stolen, illegally manufactured firearms,
aircraft guns, portable anti-tank guns, recoilless registered firearms in the possession of
rifles, portable launchers of anti-tank missile and an individual other than the licensee
rocket systems, portable launchers of anti- and those with revoked licenses in
aircraft missile systems, and mortars of a caliber accordance with the rules and
of less than 100MM. regulations.
Note: However, private individuals who already have 3. Carrying the registered firearm outside
licenses to possess Class-A light weapons upon the his/her residence without any legal authority
effectivity of RA 10591 shall not be deprived of the privilege therefore or absence of permit to carry
to continue possessing the same and renewing the licenses
outside of residence.
therefor, for the sole reason that these firearms are Class
4. Unlawful manufacture, importation, sale or
“A” light weapons.
disposition of firearms or ammunition or
Acquisition or purchase and sale of firearms and parts thereof, machinery, tool or instrument
ammunition used or intended to be used in the
manufacture of firearms, ammunition or
-Firearms and ammunition may only be acquired or parts thereof.
purchased from authorized dealers, importers or local 5. Arms smuggling (it refers to the import,
manufacturers and may be transferred or sold only export, acquisition, sale, delivery, movement
from a licensed citizen or licensed juridical entity to or transfer of firearms, their parts and
another licensed citizen or licensed juridical entity: components and ammunition, from or
across the territory of one country to that of
-During election periods, the sale and registration of another country which has not been
firearms and ammunition and the issuance of the authorized in accordance with domestic law
corresponding licenses to citizens shall be allowed on in either or both country/countries.
the condition that the transport or delivery thereof 6. Tampering, obliteration, or alteration of
shall strictly comply with the issuances, resolutions, firearms identification
rules and regulations promulgated by the 7. Use of an imitation firearm (This refers to a
Commission on Elections. replica of a firearm or other device that is so
substantially similar in coloration and overall
Death or disability of the licensee appearance to an existing firearm as to lead
a reasonable person to believe that such
- Upon the death or legal disability of the holder of a imitation firearm is a real firearm. An
firearm license, it shall be the duty of his/her next of imitation firearm used in the commission of
a crime shall be considered as a real firearm (f) Dismissal for cause from the service in case of
and the person who committed the crime government official and employee;
shall be punished in accordance with RA (g) Commission of any of the acts penalized under
10591.) Republic Act No. 9165, otherwise known as the
8. Violating the procedure regarding firearms in “Comprehensive Dangerous Drugs Act of 2002″;
custodia legis - During the pendency of any (h) Submission of falsified documents or
case filed in violation of RA 10519, seized misrepresentation in the application to obtain a
firearm, ammunition, or parts thereof, license or permit;
machinery, tools or instruments shall remain (i) Noncompliance of reportorial requirements; and
in the custody of the court. If the court (j) By virtue of a court order.
decides that it has no adequate means to
safely keep the same, the court shall issue an PD 1866, as amended RA 10591
order to turn over to the PNP Crime by RA 8294
Laboratory such firearm, ammunition, or -In Section 1, a person is -In Section 29, the use of
parts thereof, machinery, tools or not liable for the a loose firearm, when
instruments in its custody during the violation of the old inherent in the
pendency of the case and to produce the firearms law if he also commission of a crime
same to the court when so ordered. No bond committed another punishable under the
shall be admitted for the release of the crime. What is punished RPC or other special laws,
firearm, ammunition or parts thereof, is the “other crime” shall be considered as an
machinery, tool or instrument. regardless if the use or aggravating
9. Willfully and maliciously inserting, placing, possession of firearms circumstance. Otherwise,
and/or attaching directly or indirectly, is inherent or necessary the use or possession of
through any overt or covert act, any firearm, in the commission of loose firearms and
or ammunition or parts thereof in the that “other crime.” violation of other penal
person, house, effects or in the immediate -If homicide or murder law shall be treated as
vicinity of an innocent individual for the is committed with the distinct crimes and will
purpose of implication or incriminating the use of unlicensed thus be punished
person or imputing the commission of any firearm, such use of an separately.
violation of the provision of RA 10591 to said unlicensed firearm shall
individual. be considered as an
10. Failure to notify lost or stolen firearm or light aggravating
weapon circumstance.
11. Illegal transfer/registration of firearms –
transferring possession of any firearm to any
person who has not yet obtained or secured -If there was no other -If the crime committed
the necessary license or permit thereof. crime committed, the with the use of a loose
penalty under Section 1 firearm is penalized by
Grounds for revocation, cancellation or suspension shall be imposed. the law with a maximum
of license or permit - The Chief of the PNP or his/her penalty which is lower
authorized representative may revoke, cancel or than that prescribed in
suspend a license or permit on the following grounds: the new law for illegal
possession of firearm,
(a) Commission of a crime or offense involving the the penalty for illegal
firearm, ammunition, of major parts thereof; possession of firearm
(b) Conviction of a crime involving moral turpitude or shall be imposed in lieu
any offense where the penalty carries an of the penalty for the
imprisonment of more than six (6) years; other crime charged.
(c) Loss of the firearm, ammunition, or any parts -If the crime committed
thereof through negligence; with the use of a loose
(d) Carrying of the firearm, ammunition, or major firearm is penalized by
parts thereof outside of residence or workplace the law with a maximum
without, the proper permit to carry the same; penalty which is equal to
(e) Carrying of the firearm, ammunition, or major that imposed under the
parts thereof in prohibited places; new law for illegal IN
ADDITION possession of
5. Relative by affinity in the same degree of the killing a brother; (People v. Alisub, 69
offender Phil. 362)
6. Other relatives included by analogy to iii. In case of murder or homicide, if the act
ascendants and descendants. e.g. Stepparents – resulted in the death of the victim even
It is their duty to bestow upon their stepchildren if the accused is a relative of a lower
a mother/father’s affection, care and protection. degree
iv. In rape, relationship is aggravating
Q: What is the rule in appreciating relationship as where a stepfather raped his
an alternative circumstance? stepdaughter (People v. De Leon, 50
Phil. 539) or in a case where a father
A: raped his own daughter (People v.
1. Exempting: Porras, 58 Phil. 578).
a. In the case of an accessory who is related to
the principal within the relationship b. In physical injuries:
prescribed in Article 20. i. Serious physical injuries – even if the
b. In Art. 247, a spouse will not incur criminal offended party is a descendant of the
liability for a crime of less serious physical offender;
injuries or serious physical injuries if this ii. The serious physical injuries must not be
was inflicted after having surprised the inflicted by a parent upon his child by
offended spouse or paramour or mistress excessive chastisement
committing actual sexual intercourse. iii. Less serious physical injuries or slight
c. Under Art. 332, in the crime of theft, physical injuries – if the offended party
malicious mischief and swindling or estafa, is a relative of a higher degree of the
there is no criminal liability if the offender is offender;
related to the offended party as spouse,
ascendant, or descendant or if the offender c. In crimes against chastity
is a brother or sister or brother-in-law or
sister-in-law of the offended party and they INTOXICATION
are living together.
Q: When is intoxication mitigating?
2. Mitigating:
a. As a rule, in crimes against property, by A: If intoxication is:
analogy to Art. 332 (persons exempt from 1. Not habitual; or
criminal liability). 2. Not subsequent to the plan to commit a felony,
or
Thus, Relationship is mitigating in the crimes 3. At the time of the commission of the crime, the
of robbery (Arts. 294-302), usurpation (Art. accused has taken such quantity of alcoholic
312), fraudulent insolvency (Art. 314) and drinks as to blur his reason and deprive him of
arson (Arts 321-322, 325-326) (Reyes, 2008) certain degree of control.
b. In crimes against persons when it comes to Note: To be mitigating, the state of intoxication of the
physical injuries, it is mitigating when the accused must be proved. Once intoxication is established
offense committed is less serious physical by satisfactory evidence, in the absence of proof to the
contrary, it is presumed to be non-habitual or
injuries or slight physical injuries, if the
unintentional.
offended party is a relative of a lower
degree. (Reyes, 2008)
Q: When is intoxication aggravating?
c. In trespass to dwelling (U.S. v. Ostrea, 2 Phil
A: If intoxication is
93)
1. Habitual; or
2. Intentional (subsequent to the plan to
3. Aggravating:
commit a felony).
a. In crimes against person
i. Where the offended party is a relative of
Note: The moment intoxication is shown to be habitual or
a higher degree than the offender. intentional to the commission of the crime, the same will
ii. When the offender and the offended immediately aggravate, regardless of the crime committed.
party are relatives of the same level as
Q: Who is a “habitual drunkard?” A: Yes. One may not have any degree of instruction
but is nevertheless educated.
A: He is one given to intoxication by excessive use of
intoxicating drinks. Note: Low degree of education is never aggravating in the
manner that high degree is never mitigating.
Q: What determines whether intoxication is
mitigating or not? ABSOLUTORY CAUSES
A: The basis is the effect of the alcohol upon the Q: What are absolutory causes?
offender, not the quantity of the alcoholic drink he
had taken in. A: Absolutory causes are those where the act
committed is a crime but for reasons of public policy
Note: Under R.A. 9262 (Anti-Violence Against Women and and sentiment there is no penalty imposed.
Their Children Act of 2004), being under the influence of an
alcohol, any illicit drug or any other mind-altering substance Q: What are examples of absolutory causes?
shall not be a defense (Sec.27).
A:
1. Spontaneous desistance in attempted felonies.
DEGREE OF INSTRUCTION AND EDUCATION
(Art. 6, par. 3)
2. Accessories in light felonies. (Art. 16)
Q: What is the rule in appreciating degree of
3. Accessory is a relative of the principal. (Art. 20)
instruction or education?
4. Discovering secrets of ward through seizure of
correspondence by their guardian. (Art. 290)
A:
5. When only slight or less serious physical injuries
LACK OR LOW DEGREE OF HIGH DEGREE OF are inflicted by the person who surprised his/her
INSTRUCTION AND INSTRUCTION AND spouse or daughter in the act of sexual
EDUCATION EDUCATION intercourse with another person. (Art. 247)
GR: Lack or low degree of High degree of
instruction is mitigating in instruction or Note: If death or serious physical injuries were
all crimes. education is inflicted by the accused under the situation subject of
aggravating when the Art. 247, no absolutory cause can be involved but in
XPN: Not mitigating in: offender avails effect a mitigating circumstance is present, since the
1. Crimes against himself of his accused is criminally liable but he is punished with the
property (e.g. arson, learning in reduced penalty of destierro.
estafa, threat) commission of the
2. Crimes against crimes 6. Crime of theft, swindling or malicious mischief
chastity committed against as spouse, ascendant, or
3. Murder or homicide descendant or if the offender is a brother or
4. Rape sister or brother-in-law or sister-in-law of the
5. Treason – because offended party and they are living together. (Art.
love of country should 332)
be a natural feeling of 7. Instigation
every citizen, however 8. Trespass to dwelling when the purpose of
unlettered or entering another’s dwelling against the latter’s
uncultured he may be. will is to prevent some serious harm to himself,
(People v. Lansanas, the occupants of the dwelling or a third person,
82 Phil. 193) or for the purposes of rendering some services to
humanity or justice, or when entering cafes,
Note: If the offender is a lawyer who committed rape, the taverns, inns and other public houses, while the
fact that he has knowledge of the law will not aggravate his same are open. (Art. 280 par. 2))
liability. But if a lawyer committed falsification, that will
aggravate his criminal liability because he used his special Q: Are the grounds for total extinguishment of
knowledge as a lawyer. He took advantage of his learning in criminal liability (Art. 89) and express pardon or
committing the crime. marriage of the accused and the victim in crimes
against chastity (Art. 344) absolutory causes?
Q: Are the degree of instruction and education two
distinct circumstances? A: No. An absolutory cause prevents criminal liability
from attaching or arising from the acts of the
Q: Does instigation absolve the offender from The manner by which the initial contact was made,
criminal liability? whether or not through an informant, the offer to
purchase the drug, the payment of the "buy-bust"
A: Yes. In instigation, the offender simply acts as a money, and the delivery of the illegal drug, whether
tool of the law enforcers and, therefore, he is acting to the informant alone or the police officer, must be
without criminal intent because without the the subject of strict scrutiny by courts to insure that
instigation, he would not have done the criminal act law-abiding citizens are not unlawfully induced to
which he did upon instigation of the law enforcers. commit an offense.
Note: This is based on the rule that a person cannot be a Criminals must be caught but not at all cost. At the
criminal if his mind is not criminal. same time, however, examining the conduct of the
police should not disable courts into ignoring the
Q: Who may commit instigation? accused's predisposition to commit the crime. If there
is overwhelming evidence of habitual delinquency,
A: Only public officers or private detectives. If the one recidivism or plain criminal proclivity, then this must
who made the instigation is a private individual, not also be considered. Courts should look at all factors
performing a public function, both he and the one to determine the predisposition of an accused to
induced are criminally liable, the former as principal commit an offense in so far as they are relevant to
by inducement and the latter as principal by direct determine the validity of the defense of inducement.
participation.
Q: Distinguish fully between entrapment and
Q: Is entrapment an absolutory cause? instigation in criminal law. (2003 Bar Question)
killed by one of them, only that conspirator who an evil of such gravity and eminence that the
killed another person would be liable. ordinary man would have succumbed to it.
PRINCIPALS BY INDUCTION /INDUCEMENT Note: Only the one using force or causing fear is
criminally liable. The material executor is not
Q: Who are the principals by induction? criminally liable because of exempting circumstances
of irresistible force and uncontrollable fear under par.
5 & 6 of Art. 12.
A: Principals by induction are those who directly
force or induce another to commit a crime. To be a
2. By directly inducing another to commit a crime
principal by induction, it is necessary that the
by
inducement be the determining cause of the
commission of the crime by the principal by direct
a. By giving price, offering ,reward or promise
participation that is, without such, the crime would
Requisites:
not have been committed.
i. Inducement must be made directly
with the intention of procuring the
Q: What are the requisites in order to be considered
commission of the crime;
as a principal by induction?
ii. Such inducement be the
determining cause of the
A:
commission of the crime by the
1. That the inducement be made directly with the
material executor.
intention of procuring the commission of the
crime ; and
b. By using words of commands
2. That the inducement be the determining cause
Requisites:
of the commission of the crime by the material
i. The one uttering the words of
executor.
command must have the intention
of procuring the commission of the
Q: A induced B to kill X by giving him Php500,000.
crime;
For his part, B induced C to kill for Php300,000. C
ii. He must have an ascendancy or
induced D to kill X for Php200,000. D killed X. Are A,
influence over the person who
B and C principals by inducement?
acted;
iii. Words used must be so direct, so
A: A and B are not principals by inducement because
efficacious, and powerful as to
they did not directly induce D to kill X. However, C is a
amount to physical or moral
principal by inducement because he directly induced
coercion;
D to kill X.
iv. Words of command must be
uttered prior to the commission of
Q: To what degree must the inducement amount to?
the crime;
v. Material executor of the crime has
A: It must be strong enough that the person induced
no personal reason to commit the
could hardly resist. This is tantamount to an
crime.
irresistible force compelling the person induced to
carry out the execution of the crime. Thoughtless
Note: The one who used the words of command is a
expression without intention to produce the result is principal by induction while the one committing the
not an inducement to commit a crime. crime because of the words of command is a principal
by direct participation. There is a collective criminal
Q: What are the two ways of becoming a principal responsibility.
by induction?
Q: To what extent must the inducement be in order
A: for a person to be held liable as a principal by
1. By directly forcing another to commit a crime by inducement?
a. Using irresistible force – such physical force
as would produce an effect upon the A: The inducement must be “so influential in
individual that in spite of all resistance, it producing the criminal act that without it, the act
reduces him to a mere instrument would not have been performed.” In People v.
b. Causing uncontrollable fear – compulsion by Sanchez, et al., the Court ruled that, notwithstanding
means of intimidation or threat that promise the fact that Mayor Sanchez was not at the crime
scene, evidence proved that he was the mastermind advice [was] of such nature that, without it, the crime
of the criminal act or the principal by inducement. would not have materialized”. (People v. Janjalani et.
Thus, because Mayor Sanchez was a co-principal and al, ibid.)
co-conspirator, and because the act of one
conspirator is the act of all, the mayor was rendered Q: Marivic confided to her friend Gigi that her
liable for all the resulting crimes (People v. Janjalani marital life had been miserable because she married
et. al. G.R. No. 188314, January 10, 2011). an irresponsible and philandering husband. Gigi
remarked: “A husband like that deserves to be
Q: A asked B to kill C because of grave injustice done killed.” Marivic killed her husband. Is Gigi a principal
to A by C. A promised B a reward. B was willing to by inducement?
kill C, not so much because of the reward promised
to him but because he also had his own long- A: No. A thoughtless expression is not an inducement
standing grudge against C, who had wronged him in to kill. The inducement must precede the act induced
the past. If C is killed by B, would A be liable as a and must be so influential in producing the criminal
principal by inducement? (2002 Bar Question) act that without it the act would not have been
perfected.
A: No, A would not be liable as principal by
inducement because the reward he promised B is not Q: When will the criminal liability of the principal by
the sole impelling reason which made B to kill C. To inducement arise?
bring about criminal liability of a co-principal, the
inducement made by the inducer must be the sole A: A principal by inducement becomes liable only
consideration which caused the person induced to when the crime is committed by the principal by
commit the crime and without which the crime would direct participation.
not have been committed. The facts of the case
indicate that B, the killer supposedly induced by A, Q: What are the distinctions between principal by
had his own reason to kill C out of a long standing inducement from the offender who made proposal
grudge. to commit a felony?
Note: A principal by indispensable cooperation may be a Note: In determining whether the offender is a principal or
co-conspirator under the doctrine of implied conspiracy. He accomplice, the basis is the importance of the cooperation
becomes a co-conspirator by indispensable cooperation, to the consummation of the crime.
although the common design or purpose was not previously
agreed upon. Q: Distinguish between an accomplice and a
conspirator. (2007 Bar Question)
Illustration: X wanted to kill Y who resides in an
island. The only means to reach the island is to A:
ride on the motorboat owned by A. X told A to 1. An accomplice incurs criminal liability by merely
bring him to the island because he is going to kill cooperating in the execution of the crime
Y. A brought X to the island where X killed Y. A is without participating as a principal, by prior or
a principal by indispensable cooperation. His simultaneous acts, whereas a conspirator
motorboat is the only means to reach the island participates in the commission of a crime as a co-
where Y resides. Without his cooperation X principal.
would not have killed Y. 2. An accomplice incurs criminal liability in an
individual capacity by his act alone of
ACCOMPLICE cooperating in the execution of the crime while a
ART. 18 conspirator incurs criminal liability not only for
his individual acts in the execution of the crime
Q: Who is an accomplice? but also from the acts of the other participants in
the commission of the crime collectively. The
A: An accomplice is one who: acts of the other participants in the execution of
1. Concurs with the criminal design of the the crime are considered also as acts of a
principals by direct participation; conspirator for purposes of collective criminal
responsibility.
3. An accomplice participates in the execution of a Q: In what situations are accessories not criminally
crime when the criminal design or plan is already liable?
in place; whereas a conspirator participates in
the adoption or making of the criminal design. A:
4. An accomplice is subjected to penalty one 1. When the felony committed is a light felony.
degree lower than that of a principal, whereas a
conspirator incurs the penalty of a principal. 2. When the accessory is related to the principal as
spouse, or as an ascendant, or descendant or as
Other examples of cooperation by an Accomplice brother or sister whether legitimate, natural or
adopted or where the accessory is a relative by
1. By previous act - lending a knife or a gun to the affinity within the same degree, unless the
murderer, knowing the latter’s criminal purpose. accessory himself profited from the effects or
2. By simultaneous act - the defendant who held proceeds of the crime or assisted the offender to
one of the hands of the victim and tried to take profit therefrom (Art. 20, RPC).
away the latter’s revolver, while his co-defendant
was attacking him, is an accomplice for he PROFITING OR ASSISTING THE OFFENDER TO
cooperated in the execution of the crime by PROFIT BY THE EFFECTS OF THE CRIME
simultaneous act without any previous
agreement or understanding (Criminal Law, Book Illustration: If a person not having participated as
of the Revised Penal Code, Estrada). principal or accomplice in robbery or theft but
knowing that the property being offered to him is the
ACCESSORIES proceeds or subject matter of the said crime, bought
ART. 19 or purchased or dealt in any manner with which such
property, obtaining benefit from said transaction or
Q: Who are accessories? helping the thief or robber to profit therefrom.
A: Those who do not participate in the criminal Note: The accessory must receive the property from the
design, nor cooperate in the commission of the principal. He should not take it without the consent of the
felony, but with knowledge of the commission of the principal. If he took it without the consent of the principal,
he is not an accessory but a principal in the crime of theft.
crime, he subsequently takes part in three ways by:
1. Profiting or assisting the offender to profit
by the effects of the crime; Q: What is the similarity of a fence and accessory in
2. Concealing or destroying the body of the the crimes of robbery or theft?
crime to prevent its discovery;
A: There is a similarity in the sense that all the acts of
Note: Where the accused misleads the authorities one who is an accessory to the crimes of robbery or
by giving them false information, such act is theft are included in the acts defined as fencing. In
equivalent to concealment and he should be held fact, the accessory in the crimes of robbery or theft
as an accessory. could be prosecuted as such under the RPC or as a
fence under P.D. 1612. (Dizon-Pamintuan v. People,
3. Harboring, concealing or assisting in the G.R. No. 111426, July 11, 1994)
escape of the principal of the crime.
Q: What are the distinctions between P.D. 1612 and
The accessory comes into the picture when the crime Art. 19 par. 1 of the RPC?
is already consummated, not before the
consummation of the crime. A:
FENCING ACCESSORY
Note: One cannot be an accessory unless he knew of the Fencing is limited to Not limited in scope
commission of the crime, however, he must not have theft and robbery. The
participated in its commission. terms theft and robbery
are used as a generic
Q: What if the offender has already involved himself term to refer to any kind
as a principal or accomplice? of unlawful taking, not
just theft or robbery
A: He cannot be an accessory any further even
Mere possession of There is no presumption
though he performs acts pertaining to an accessory.
stolen items creates a of violation.
presumption of fencing.
Fencing is a principal It is necessary to prove reasonable doubt, criminal liability will arise and if there is
crime in itself. As such, it that the principal someone who destroys the corpus delicti to prevent
can stand on its own. committed the crime. discovery, he becomes an accessory. (Inovero v. Coronel, 65
O.G. 3160)
There is no need to Hence, before an
prove that one is guilty accessory could be held
The mere act of a person of carrying the cadaver of one
of theft or robbery. liable, the principal must unlawfully killed, when it was buried to prevent the
have been convicted first discovery of is sufficient to make him responsible as an
of the crime charged accessory under par. 2 of Art. 19 (People v. Galleto, 78 Phil.
The penalty is higher Penalty is less than that 280).
than the penalty of an imposed in fencing.
accessory. Misleading the investigating police officer to prevent the
Malum prohibitum and Malum in se and discovery of the crime or to help the offender escape is also
to destroy the corpus delicti.
therefore there is no therefore there is a need
need to prove criminal to prove criminal intent
HARBORING OR CONCEALING AN OFFENDER
intent.
The fence need not be a Natural person only
Q: Who may be held guilty as an accessory by
natural person but may
harboring, concealing or assisting in the escape of
be a firm, association,
the principal of the crime?
corporation or
partnership or other
A:
organization
1. Public officers
Requisites:
Q: May one who is charged as an accessory under
a. Accessory is a public officer
Art. 19 par. 1 be likewise charged under P.D. 1612
b. He harbors, conceals, or assists in the
for the same act?
escape of the principal
c. He acts with abuse of his public
A: Yes. What is prohibited under the Constitution is
functions
the prosecution of the accused twice for the same
d. The crime committed by the principal is
offense.
any crime, provided it is not a light
felony.
Note: The State may choose to prosecute the offender
either under the RPC or P.D. 1612 although preference for
the latter would seem inevitable considering that fencing is Note: In the case of a public officer, the crime committed
a crime malum prohibitum, and P.D. 1612 creates a by the principal is immaterial. Such officer becomes an
presumption of fencing and prescribes a higher penalty accessory by the mere fact that he helped the principal
based on the value of the property. (Dizon-Pamintuan v. escape by harboring, concealing, making use of his public
People, ibid.) function and thus, abusing the same, but the offender
whom he harbors, conceals or assist in the escape must be
a principal.
DESTROYING THE CORPUS DELICTI
Illustration: Abusing his public office, the president of
Q: Define corpus delicti. What are the elements of
the town of Cabiao refused to prosecute the crime of
corpus delicti? (2000 Bar Question)
homicide and thus made it possible for the principal
to escape. He refused to make an investigation of the
A: Corpus delicti literally means the body or
serious occurrence, of which complaint was made to
substance of the crime or the fact that a crime has
him. The municipal president was found guilty as an
been committed, but does not include the identity of
accessory (U.S. v. Yacat, 1 Phil. 443).
the person who committed it.
2. Private person
Elements of corpus delicti:
Requisites:
a. The existence of a certain act or result
a. Accessory is a private person
forming the basis of the criminal charge
b. He harbors, conceals or assists in the
b. The existence of a criminal agency as the
escape of the author of the crime (he
cause of the act or result.
could be a principal, accomplice, or an
accessory)
Note: The corpus delicti is the body of the crime, not
necessarily the corpse. Thus, even if the corpse is not c. The crime committed by the principal is
recovered, as long as that killing is established beyond either:
A: GR: The accessory cannot be held criminally liable Q: Immediately after murdering Bob, Jake went to
without the principal being found guilty of any such his mother to seek refuge. His mother told him to
crime. hide in the maid’s quarter until she finds a better
place for him to hide. After two days, Jake
XPN: When the principal was not held liable transferred to his aunt’s house. A week later, Jake
because of an exempting circumstance under was apprehended by the police. Can Jake’s mother
Art. 12. and aunt be made criminally liable as accessories to
the crime of murder? (2010 Bar Question)
ACCESSORIES EXEMPT FROM CRIMINAL LIABILITY
ART. 20 A: The mother is exempt from criminal liability under
Art. 20 of the RPC as a result of her relationship to
Q: Who are the accessories exempt from criminal her son; however, the aunt is liable as accessory
liability? under Art. 19 paragraph 3 of the RPC if the author of
the crime is guilty of murder. The relationship
A: GR: An accessory is exempt from criminal liability, between an aunt and a nephew does not fall within
when the principal is his: the classification for exemption.
1. Spouse
2. Ascendant DECREE PENALIZING OBSTRUCTION OF
3. Descendant APPREHENSION AND PROSECUTION OF
4. Legitimate, natural, or adopted CRIMINAL OFFENDERS (P.D. 1829)
brother, sister or relative by affinity within
the same degree. Q: What is the purpose of this law?
XPN: Accessory is not exempt from criminal A: To discourage public indifference or apathy
liability even if the principal is related to him, if towards the apprehension and prosecution of
such accessory: criminal offenders. It is necessary to penalize acts
1. Profited by the effects of the crime; or which obstructs or frustrates or tend to obstruct or
2. Assisted the offender to profit from the frustrate the successful apprehension and
effects of the crime. prosecution of criminal offenders.
Note: The exemption provided in this article is based on the
ties of blood and the preservation of the cleanliness of PUNISHABLE ACTS
one’s name, which compels one to conceal crimes
committed by relatives so near as those mentioned in this Q: What are the acts punished under P.D. 1829?
article. Nephew and niece are not included
A: Any person, who knowingly or wilfully obstructs,
Public officer contemplated under par.3 of Art. 19 is impedes, frustrates or delays the apprehension of
exempt by reason of relationship to the principal, even such suspects and the investigation and prosecution of
public officer acted with abuse of his public functions.
criminal cases by committing any of the following
acts:
Q: DCB, the daughter of MSB, stole the earrings of a
stranger. MCB pawned the earrings with TBI 1. Preventing witnesses from testifying in any
Pawnshop as a pledge for Php500 loan. During the criminal proceeding or from reporting the
trial, MCB raised the defense that being the mother commission of any offense or the identity of any
offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or purposes of background information and not for
threats publication and publishing or disseminating the
same to mislead the investigator or the court.
2. Altering, destroying, suppressing or concealing (Sec. 1)
any paper, record, document, or object, with
intent to impair its verity, authenticity, legibility, Note: If any of the foregoing acts are committed by a public
availability, or admissibility as evidence in any official or employee, he shall, in addition to the penalties
investigation of or official proceedings in, provided there under, suffer perpetual disqualification from
holding public office.
criminal cases, or to be used in the investigation
of, or official proceedings in, criminal cases
Q: Senator Juan Ponce Enrile was charged under P.D.
3. Harboring or concealing, or facilitating the 1829, for allegedly accommodating Col. Gregorio
escape of, any person he knows, or has Honasan by giving him food and comfort in 1989.
reasonable ground to believe or suspect, has The complaint states that “knowing that Col.
committed any offense under existing penal laws Honasan is a fugitive from justice, Sen. Enrile did not
in order to prevent his arrest, prosecution and do anything to have Honasan arrested and
conviction apprehended.” While the complaint was filed, a
charge of rebellion against Sen. Enrile was already
4. Publicly using a fictitious name for the purpose of instituted. Is Sen. Juan Ponce Enrile liable under P.D.
concealing a crime, evading prosecution or the 1829?
execution of a judgment, or concealing his true
name and other personal circumstances for the A: No. Sen. Enrile could not be separately charged
same purpose or purposes under P.D. 1829, as this is absorbed in the charge of
rebellion already filed against Sen. Enrile (Enrile v.
5. Delaying the prosecution of criminal cases by Hon. Admin., G.R. No. 93335, September 13, 1990).
obstructing the service of process or court orders
or disturbing proceedings in the fiscal's offices, in COMPARE WITH ART. 20, RPC
Tanodbayan, or in the courts ACCESSORIES EXEMPT FROM CRIMINAL LIABILITY
6. Making, presenting or using any record, While Art. 20 exempts certain persons from criminal
document, paper or object with knowledge of its liability, for being an accessory, P.D. 1829 penalizes
falsity and with intent to affect the course or the act of any person, without any distinction, who
outcome of the investigation of, or official knowingly or wilfully obstructs, impedes, frustrates or
proceedings in, criminal cases delays the apprehension of suspects and the
investigation and prosecution of criminal cases, which
7. Soliciting, accepting, or agreeing to accept any is an act of an accessory. Thus, those exempted as
benefit in consideration of abstaining from, accessory to the crime committed under the Revised
discounting, or impeding the prosecution of a Penal Code can still be prosecuted as principals for
criminal offender Obstruction of Justice under P.D. 1829. The benefits
of the exception provided in Art. 20 of the RPC do not
8. Threatening directly or indirectly another with apply to P.D. 1829 since under Art. 10 of the Revised
the infliction of any wrong upon his person, Penal Code, offenses which are punishable under
honor or property or that of any immediate special laws are not subject to the provisions of the
member or members of his family in order to Code and shall only be supplementary to such laws.
prevent such person from appearing in the P.D. 1829, being a special law, is thus controlling, with
investigation of, or official proceedings in, regard to offenses specially punished.
criminal cases, or imposing a condition, whether
lawful or unlawful, in order to prevent a person Q: Can a person who harbours, conceals or assist in
from appearing in the investigation of or in the escape of an author of the crime be charged
official proceedings in, criminal cases simultaneously as accessory under Art. 19 (par. 3 of
the RPC) and for violating P.D. 1829?
9. Giving of false or fabricated information to
mislead or prevent the law enforcement agencies A: Yes, what the Constitution prohibits is putting an
from apprehending the offender or from accused twice in jeopardy for the same offense.
protecting the life or property of the victim; or
fabricating information from the data gathered in
confidence by investigating authorities for
“Persons convicted of offenses punished powers, superior officials may impose upon their
with reclusion perpetua, or whose sentences subordinates.
will be reduced to reclusion perpetua, by 5. Deprivation of rights and the reparations which
reason of this Act, shall not be eligibile for the civil law may establish in penal form.
parole under Act No. 4103, known as the
Indeterminate Sentence Law, as amended.” Note: The aforementioned measures are not penalties
because they are not imposed as a result of judicial
Q: Is the death penalty already abolished? proceedings. They are mere preventive measures only.
Q: What are the principal penalties according to A: Fines are imposed either as single or as an
their divisibility? alternative penalty.
A: A:
1. Corporal (death) ART. 9 (3) ART. 26
2. Deprivation of freedom (reclusion, prision, A felony punishable by If the amount of fine
arresto) arresto menor or a fine imposed is less than
3. Restriction of freedom (destierro) not exceeding P200 is a P200, it is a light
4. Deprivation of rights (disqualification and light felony. penalty.
suspension)
5. Pecuniary (fine) Note: If the fine prescribed by the law for a felony is exactly
P200, it is a light felony because Art. 9 (3), which defines
Q: What are the penalties according to their gravity? light felony should prevail.
b. More particularly, the wealth or means of the Prision correccional, 6 mos. and 1 day to 6 yrs.,
culprit. suspension, and except when suspension is
destierro an accessory penalty, in
Note: This is the main consideration in the imposition which case its duration is
of fines. that of the principal
penalty.
Q: Can a penalty be imposed in the alternative? Arresto mayor 1 mo. and 1 day to 6 mos.
Arresto menor 1 day to 30 days
A: No. The law does not permit any court to impose a
Bond to keep the The period during which the
sentence in the alternative, its duty being to indicate
peace bond shall be effective is
the penalty imposed definitely and positively. (People
discretionary on the court
v. Mercadejas, C.A., 54 O.G. 5707; People v. Tabije,
C.A., 59 O.G. 1922)
Q: When is death penalty imposed?
Q: E and M are convicted of a penal law that
imposes a penalty of fine or imprisonment or both A: Death penalty is imposed in the following crimes:
fine and imprisonment. The judge sentenced them 1. Treason
to pay the fine, jointly and severally, with subsidiary 2. Piracy
imprisonment in case of insolvency. (2005 Bar 3. Qualified Piracy
Question) 4. Qualified Bribery
5. Parricide
1. Is the penalty proper? Explain. 6. Murder
2. May the judge impose an alternative 7. Infanticide
penalty of fine or imprisonment? Explain. 8. Kidnapping
9. Robbery with Homicide
A: 10. Destructive Arson
1. Imposing the penalty of fine jointly and severally 11. Rape with Homicide
on the two convicted accused is not proper. The 12. Plunder
penalty should be imposed individually on every 13. Certain violations of the Dangerous Drugs
person accused of the crime. Any of the Act
convicted accused who is insolvent and unable to 14. Carnapping
pay the fine, shall serve the subsidiary
imprisonment. Q: What are the distinctions between the penalty of
2. The judge may not validly impose an alternative reclusion perpetua and life imprisonment?
penalty. Although the law may prescribe an
alternative penalty for a crime, It does not mean A:
that the court may impose the alternative RECLUSION PERPETUA LIFE IMPRISONMENT
penalties at the same time. The sentence must Pertains to the penalty Pertains to the penalty
be definite, otherwise, the judgment cannot imposed for violation imposed for violation of
attain finality. of the RPC special laws
It has fixed duration It has no fixed duration
DURATION AND EFFECT OF PENALTIES It carries with it It does not carry with it
ART. 27 accessory penalties accessory penalty
Q: What is the duration of each of different Note: Although reclusion perpetua has been given a fixed
penalties? duration, it has remained to be an indivisible penalty.
Indivisible penalties have no durations.
A:
PENALTY DURATION Q: What is the nature of destierro?
Reclusion perpetua 20 yrs. and 1 day to 40 yrs.
Reclusion temporal 12 yrs. and 1 day to 20 yrs. A: Destierro is a principal penalty. It is a punishment
Prision mayor and 6 yrs. and 1 day to 12 yrs., whereby a convict is banished to a certain place and
temporary except when is prohibited from entering or coming near that place
disqualification disqualification is accessory designated in the sentence, not less than 25
penalty, in which case its kilometers but not to extend beyond 250 kilometers
duration is that of the
principal penalty.
Q: In what cases can destierro be imposed? A: The duration is from the day on which the offender
commences to serve his sentence.
A: It can be imposed on the following:
1. Serious physical injuries or death under Q: What are examples of penalties consisting in
exceptional circumstances. (Art. 247) deprivation of liberty?
2. In the crime of grave threat or light threat,
when the offender is required to put up a A:
bond for good behavior but failed or refused 1. Imprisonment.
to do so (Art. 284) 2. Destierro.
3. As a penalty for the concubine in
concubinage. (Art. 334) PENALTIES WITH INHERENT
4. In cases where after reducing the penalty by ACCESSORY PENALTIES
one or more degrees destierro is the proper
penalty. Q: What are accessory penalties that are inherently
attached to principal penalties?
COMPUTATION OF PENALTIES
ART. 28 A:
1. Death when not executed by reason of
Q: What are the rules for the computation of commutation or pardon shall carry with it:
penalties? a. Perpetual Absolute Disqualification
b. Civil Interdiction during the first thirty (30)
A: The following rules must be observed by the years following the date of the sentence.
Director of Prisons or the warden when computing
the penalties imposed upon the convicts: Note: Such accessory penalties shall be continuously
suffered by the convict even if the principal penalty
1. When the offender is in prison – duration of has been pardoned; unless such penalties have been
temporary penalties is from the day on which expressly remitted in the pardon.
the judgment of conviction becomes final.
2. Reclusion Perpetua and Reclusion Temporal shall
Ratio: The duration of temporary penalties shall carry with it:
be computed only from the day the judgment of a. Civil Interdiction for life or during the period
conviction becomes final, and not from the day of the sentence
of his detention because under Art. 24 the b. Perpetual Absolute Disqualification which
arrest and temporary detention of the accused shall still be served even if the principal
is not considered a penalty. penalty has been pardoned. Unless when the
same has been expressly remitted in the
2. When the offender is not in prison – duration pardon.
of penalty consisting in deprivation of liberty, is
from the day that the offender is placed at the 3. Prision Mayor shall carry with it:
disposal of judicial authorities for the a. Temporary Absolute Disqualification
enforcement of the penalty. b. Perpetual Special Disqualification of the right
to suffrage which the offender shall suffer
3. The duration of other penalties – duration is even if the principal penalty has been
from the day on which the offender commences pardoned. Unless the same has been
to serve his sentence. expressly remitted in the pardon.
Q: What are examples of temporary penalties? 4. Prision Correccional shall carry with it:
a. Suspension from public office and the right
A: to practice a profession or calling
1. Temporary absolute disqualification. b. Perpetual Special Disqualification from the
2. Temporary special disqualification. right of suffrage if the duration of the
3. Suspension. imprisonment shall exceed 18 months,
which shall be suffered even if the principal
penalty has been pardoned. Unless the same 1. Deprivation of the office, employment,
has been expressly remitted in the pardon. profession or calling affected.
2. Disqualification for holding similar offices or
5. Arresto shall carry with it suspension of the right employments perpetually or during the term of
to hold public office, and the right of suffrage the sentence. (Art. 31)
during the term of the sentence.
Q: What are the effects produced by the penalties of
Note: The RPC does not provide for any accessory penalty perpetual or temporary special disqualification for
for destierro. the exercise of suffrage?
against her, namely, the disqualification to hold any BOND TO KEEP BOND FOR GOOD
government office and the forfeiture of benefits (O.P. THE PEACE BEHAVIOR
v. Cataquiz, G.R. No. 183445, September 14, 2011 Failure to post a bond to The legal effect of failure
reiterating Pagano v. Nazarro , Jr.). keep the peace results to to post a bond for good
imprisonment either for 6 behavior is not
Q: What is civil interdiction? months or 30 days, imprisonment but
depending on whether destierro under Article
A: It is an accessory penalty which produces the the felony committed is 284
following effects: grave or less grave on one
1. Deprivation of the rights of parental authority or hand, or it is light only
guardianship of any ward. It is not applicable to any It is applicable only to
2. Deprivation of marital authority. particular case cases of grave threats
3. Deprivation of the right to manage his property and light threats
and of the right to dispose of such property by
any act or any conveyance inter vivos. (Art. 34) CONFISCATION AND FORFEITURE OF THE PROCEEDS
OR INSTRUMENTS OF THE CRIME
Note: Offender may dispose such property by will or
donation mortis causa.
Q: What shall every penalty carry aside from
accessory penalties?
Q: What is the duty of a person sentenced to give
bond to keep the peace?
A: Every penalty imposed shall carry with it the
confiscation of the proceeds of the crime and the
A: It shall be the duty of the offender to:
instruments or tools with which it was committed.
1. Present two sufficient sureties who shall
Such proceeds, instruments or tools would be
undertake that the offender will not commit the
confiscated and forfeited in favor of the Government:
offense sought to be prevented, and that in case
1. Unless they are properties belonging to a
such offense be committed they will pay the
third person who is not liable for the
amount determined by the court; or
offense.
2. Articles which are not subject to lawful
2. Deposit such amount with the clerk of court to
commerce shall be destroyed.
guarantee said undertaking; or
Q: Can a third person invoke the provision of Article
3. The offender may be detained, if he cannot give
45 of the Revised Penal Code or Section 20 of R.A.
the bond, for a period not to exceed 6 months if
9165 (which provides that every penalty imposed
prosecuted for grave or less grave felony, or for a
therein shall carry with it forfeiture and confiscation
period not to exceed 30 days, if for a light felony.
in favor of the government unless they are property
(Art. 35)
of a third person not liable for the unlawful act) to
recover his property which has been taken by the
Q: What is the distinction between a bond to keep
authorities while the main case is going on?
the peace and a bail bond?
A: No. The status of any article confiscated in relation
A:
to the unlawful act for the duration of the trial in the
BOND TO KEEP THE
BAIL BOND RTC as being in custodia legis is primarily intended to
PEACE
preserve it as evidence and to ensure its availability
It is imposed as a It is posted for the as such. To release it before the judgment is rendered
distinct penalty (Art. provisional release of an is to deprive the trial court and the parties access to it
284) accused person after his as evidence. Forfeiture, if warranted pursuant to
arrest or during trial but either Article 45 of the Revised Penal Code and
before final judgment of Section 20 of R.A. No. 9165, would be a part of the
conviction. (Rule 114, penalty to be prescribed. The determination of
Revised Rules of Criminal whether or not any article confiscated in relation to
Procedure) the unlawful act would be subject of forfeiture could
be made only when the judgment was to be rendered
Q: What are the distinctions between bond to keep in the proceedings (PDEA v Brodett, G.R. No. 196390,
peace and bond for good behavior? September 28, 2011).
A:
Q: In what cases are mitigating and aggravating Note: In the last instance, it is the moral value, rather
circumstances not considered in the imposition of than the numerical weight which should prevail.
penalty?
Q: What are the rules for the application of penalties
A: which contain three periods?
1. When penalty is single and indivisible.
2. In felonies thru negligence. A:
3. The penalty to be imposed upon a Moro or other 1. No aggravating and no mitigating - medium
non-Christian inhabitants. It lies in the discretion period.
of the trial court, irrespective of the attending 2. Only mitigating - minimum period
circumstances. 3. Only aggravating - maximum period.
4. When the penalty is only a fine imposed by an 4. When there are aggravating and mitigating- the
ordinance. court shall offset those of one class against the
5. When the penalties are prescribed by special other according to relative weight.
laws. 5. Two or more mitigating and no aggravating-
penalty next lower, in the period applicable,
Q: What are the two classifications of penalties? according to the number and nature of such
circumstances.
A: There are two (2) general classifications of 6. No penalty greater than the maximum period of
penalties: the penalty prescribed by law shall be imposed,
1. Indivisible no matter how many aggravating circumstances
2. Divisible - can be divided into 3 periods are present.
a. Minimum 7. The court can determine the extent of penalty
b. Medium within the limits of each period, according to the
c. Maximum number and nature of the aggravating and
mitigating circumstances and the greater or
Q: Differentiate period from degree lesser extent of the evil produced by the crime.
A: Period is each of the three equal parts of a divisible Q: When is the graduated scale followed?
penalty, while degree is the diverse penalties
mentioned by name in the Revised Penal Code. A: The graduated scale is followed when the law
prescribes a penalty lower or higher by one or more
Q: What are the rules for the application of degrees than another given penalty.
indivisible penalties?
SCALE 1 SCALE 2
A: 1. Death 1. Perpetual or
1. When the penalty is single indivisible, it shall be 2. Reclusion Temporary Absolute
applied regardless of any mitigating or Perpetua Disqualification
aggravating circumstances. (except privileged 3. Reclusion 2. Suspension from
mitigating) Temporal Public Office, the
4. Prision Mayor right to vote and to
5. Prision be voted for, the Q: What is the rule in increasing the penalty of fine
Correccional profession or calling by one or more degrees?
6. Arresto Mayor 3. Public Censure
7. Destierro Fine A: Fines shall be increased or reduced for each
8. Arresto Menor degree by ¼ of the maximum amount. The minimum
9. Public censure amount prescribed by law shall not be changed.
Fine
Q: What are the penalties imposed on principals, accomplices, accessories, in accordance to the stages of
committing a felony?
A:
CONSUMMATED FRUSTRATED ATTEMPTED
Penalty prescribed by law 1 degree lower than the 2 degrees lower than the penalty
PRINCIPALS for the offense. penalty prescribed by law prescribed by law
1 degree lower than the 2 degrees lower than the 3 degrees lower than the penalty
ACCOMPLICES penalty prescribed by law. penalty prescribed by law prescribed by law for a frustrated
for a frustrated felony felony
2 degrees lower than the 3 degrees lower than the 4 degrees lower than the penalty
ACCESSORIES penalty prescribed by law penalty prescribed by law prescribed by law for an
for an attempted felony attempted felony
Note: GR:
1. Penalties are imposed upon the principals.
2. Whenever the law prescribes a penalty for a felony in general terms, it shall be understood to apply to a consummated
felony.
Q: What are the additional penalties imposed to 2. If the penalty prescribed for the felony
certain accessories? committed is lower than the penalty
prescribed for the felony originally intended,
A: Those accessories falling within the terms of par. 3, the penalty corresponding to the former
Art. 19 of this code who shall act with abuse of their shall be imposed in its maximum period.
public functions shall suffer an additional penalty of: 3. The rule in the next preceding paragraph
1. Absolute Perpetual Disqualification if the shall not apply if the acts committed by the
principal offender is guilty of a grave felony. guilty person shall constitute an attempt or
2. Absolute Temporary Disqualification if the frustration of another crime. If the law
offender is guilty of a less grave felony. prescribes a higher penalty for either of the
latter offenses, such penalty shall be
Q: What are the penalties to be imposed upon imposed in its maximum period.
principals when the crime consummated was
different from that which was intended? Q: What penalties may be simultaneously served?
A: Rules: A:
1. If the penalty prescribed for the felony 1. Perpetual absolute disqualification
committed is higher than the penalty 2. Perpetual special disqualification
prescribed for the felony originally intended, 3. Temporary absolute disqualification
the penalty corresponding to the latter shall 4. Temporary special disqualification
be imposed in its maximum period. 5. Suspension
1. The Maximum Term – is that which in view of the Q: When does indeterminate sentence apply?
attending circumstances could be properly imposed
under the RPC A: Indeterminate sentence applies mandatorily to
2. The Minimum Term – is within the range of the violations of both the RPC and special laws where
penalty next lower to that prescribed by the RPC imprisonment would exceed one (1) year, and where
the penalty is divisible. (Sec.1)
Q: Who are disqualified from availing the benefits of A: If during the period of surveillance such paroled
the indeterminate sentence law? prisoner shall:
1. Show himself to be a law abiding citizen and;
A: The Indeterminate sentence law shall not apply to 2. Not violate any law, (Section 6 of the
persons: indeterminate Sentence Law)
1. Convicted of:
a. An offense punishable with death penalty, Note: The Board may issue a final certification in his favor,
reclusion perpetua or life imprisonment for his final release and discharge. (Sec. 6)
b. Treason, conspiracy or proposal to commit
treason Q: What are the sanctions for the violation of the
c. Misprision of treason, rebellion, sedition, conditions of parole?
espionage
d. Piracy A: When the paroled prisoner shall violate any of the
2. Who are habitual delinquents conditions of his parole, he may be:
3. Who shall have escaped from confinement or 1. Rearrested; and
evaded sentence 2. Thereafter, he shall serve the remaining
4. Granted conditional pardon by the Chief unexpired portion of the maximum sentence
Executive and shall have violated the term for which he was originally committed to
(condition) thereto prison. (Sec. 8 of the Indeterminate Sentence
5. Whose maximum term of imprisonment does not Law)
exceed one year
6. Sentenced to the penalty of destierro or THREE-FOLD RULE
suspension only; Any person convicted of a crime
but the penalty imposed upon him does not Q: What are the different systems of penalties
involve imprisonment relative to two or more penalties imposed on one
7. Who are already serving final judgment upon the and the same accused?
approval of the Indeterminate Sentence Law.
(Sec. 2) A:
1. Material accumulation system - no limitation
Note: Although the penalty prescribed for the felony whatever. All the penalties for all violations were
committed is death or reclusion perpetua, if after imposed even if they reached beyond the natural
considering the attendant circumstances, the imposable span of human life.
penalty is reclusion temporal or less, the Indeterminate
2. Juridical accumulation system - limited to not
Sentence Law applies.
more than the three fold length of time
corresponding to the most severe and in no case
CONDITIONS OF PAROLE
exceed 40 years.
3. Absorption system - the lesser penalties are
Q: When is a prisoner qualified for release on absorbed by the graver penalties. It is observed
parole? in the imposition of the penalty in complex
crimes, continuing crimes, and specific crimes
A: Whenever any prisoner shall: like robbery with homicide, etc.
1. Have served the minimum penalty imposed
upon him Q: What is the rule if the culprit has to serve 2 or
2. Appear to the board of indeterminate more penalties?
sentence, from the reports of the prisoner’s
work and conduct, and from the study and A: If the culprit has to serve 2 or more penalties, he
investigation made by the board itself that: shall serve them simultaneously if the nature of the
a. Fitted by his training for release; penalties will so permit. Otherwise, the penalties
b. Reasonable probability that such shall be served successively on the order of their
prisoner will live and remain at liberty severity as follows:
without violating the law; 1. Death
c. Release will not be incompatible with 2. Reclusion perpetua
the welfare of society. (Sec. 5 of the 3. Reclusion temporal
Indeterminate Sentence Law) 4. Prision mayor
5. Prision correccional
Q: When is a prisoner on parole entitled to final 6. Arresto Mayor
release and discharge?
7. Arresto Menor A.
8. Destierro 1. Reparation of damage caused
9. Perpetual absolute disqualification 2. Indemnification of the consequential damages
10. Temporary absolute disqualification 3. Fine
11. Suspension from public office, the right to vote 4. Costs of proceedings
and be voted for, the right to follow profession
or calling Q: When does this article apply?
12. Public censure
A: It applies when the property of the offender is not
Q: What is the three-fold rule? sufficient to pay for all of his pecuniary liabilities.
A: The maximum duration of a convict’s sentence Q: Can the court disregard the order of payment?
shall not be more than three times the length of time
corresponding to the most severe of the penalties A: No. The order of payment of pecuniary liabilities in
imposed upon him but in no case exceed 40 years. this article must be observed.
Q: When does the three-fold rule apply? Q: Distinguish pecuniary penalties from pecuniary
liabilities. (2005 Bar Question)
A: If a convict has to serve at least four sentences,
continuously. A: Pecuniary penalties are those which a convicted
offender may be required to pay in money to the
Note: All the penalties, even if by different courts at Government. These are fines and costs of
different times, cannot exceed three-fold most severe. proceedings. Pecuniary liabilities on the other hand
are those which a convicted offender is required to
COSTS pay in money to the offended party and to the
government. They consists of: reparation of the
Q: What are included in costs? damage caused, indemnification of consequential
damages, fine, and costs of the proceedings.
A: It shall include fees and indemnities in the course
of judicial proceedings. SUBSIDIARY PENALTY
A: No costs shall be allowed against the Republic of Q: When is subsidiary penalty imposed?
the Philippines, unless otherwise provided by law.
(Sec. 1, Rule 142, Rules of Court) A:
1. When there is a principal penalty of
Q: Is the payment of costs discretionary? imprisonment or any other principal penalty and
it carries with it a fine; or
A: Yes. Such matter rests entirely upon the discretion 2. When penalty is only a fine.
of courts. The Government may request the court to
assess costs against the accused, but not as a right. Note: A subsidiary penalty is not an accessory penalty. It is
a penalty imposed upon the accused and served by him in
PECUNIARY LIABILITIES lieu of the fine which he fails to pay on account of
insolvency. The accused cannot be made to undergo
Q: What are the pecuniary liabilities of persons subsidiary imprisonment unless the judgment expressly so
provides.
criminally liable?
A: Yes. Notwithstanding the fact that the convict Q: Who are the offenders not entitled to the full
suffered subsidiary personal liability, he shall pay the time or four-fifths of the time of preventive
fine in case his financial circumstances should imprisonment?
improve.
A:
Q: When is subsidiary penalty not imposed? 1. When the offenders or accused are recidivists or
have been convicted previously twice or more
A: times of any crime and
1. There is no subsidiary penalty if the penalty 2. When upon being summoned for the execution
imposed by the court is prision mayor, reclusion of their sentence they have failed to surrender
temporal, or reclusion perpetua. voluntarily.
2. No subsidiary penalty for nonpayment of:
a. Reparation of the damage caused Q: What if the period of the preventive
b. Indemnification of the consequential imprisonment is equal to or more than the possible
damages maximum imprisonment of the offense charged?
c. The cost of the proceedings
3. When there is no fixed duration A: The accused shall be released immediately
4. Nonpayment of income tax without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the same is
Q: Is subsidiary imprisonment applicable to under review.
violations of special laws?
Q: If the penalty imposed after trial is less than the Q: When is a penalty executed?
full time or less than four-fifths of the preventive
imprisonment, what must the court do? A: No penalty shall be executed except by virtue of a
final judgment (Art. 78).
A: The convict must be released immediately.
Q: When does a judgment become final?
Q: What if the maximum penalty to which the
accused may be sentenced is destierro? A: Fifteen days after promulgation of the judgment
when the accused does not appeal.
A: The accused shall be released after thirty (30) days
of preventive imprisonment. Note: However, if the defendant has expressly waived in
writing his right to appeal, the judgment becomes final
Note: In destierro, the accused sentenced to that penalty immediately (Rule 120, Sec. 7, Rules of Court).
does not serve it in prison. He is free, only that he cannot
enter the prohibited area specified in the sentence. Q: How are penalties executed?
Q: Can a youthful offender be credited in the A: Only in the form prescribed by law and any other
service of his sentence, with the full time he spent circumstances and incidents shall be expressly
in actual confinement? authorized thereby (Art. 78, par. 2).
A: Yes. Art. 197 of the Child and Youth Welfare Code Q: Where shall the penalties of reclusion perpetua,
(P.D. No. 603) also provides that it is not necessary reclusion temporal, prision correccional, and arresto
that the offender agreed to abide by the disciplinary mayor be served?
rules imposed upon convicted prisoners.
A: In the places and penal establishments provided by
Q: Must preventive imprisonment be considered in the Administrative Code (Art. 86).
perpetual penalties?
Q: Where is the place of service of arresto menor?
A: Yes. The article does not make any distinction
between temporal and perpetual penalties. A:
1. In the municipal jail;
Illustration: An accused who is sentenced to life 2. In the house of the offender, but under the
imprisonment may still be entitled to the full surveillance of an officer of the law whenever the
time or four-fifth (4/5) of the time of the court provides in the decision due to the health
preventive imprisonment. (U.S. v. Ortecio, 38 of the offender. But the reason is not satisfactory
Phil. 341, 345) just because the offender is a respectable
member of the community. (Art. 88)
Q: What if upon conviction of the offender
undergoing preventive imprisonment, the court Q: When may a defendant serve his sentence in his
imposed on him only a fine. Can credit be given? house?
a. It is due to the health of the offender; A: It is a disposition under which a defendant, after
b. Other reasons satisfactory to the court (Art. conviction and sentence, is released subject to
88). conditions imposed by the court and to the
supervision of a probation officer.
Q: Enumerate instances or situations in criminal
cases wherein the accused either as an adult or as a Note: Probation only affects the criminal aspect of the case
minor, can apply for and/or be granted a suspended and has no bearing on his civil liability
sentence. (2006 Bar Question)
Q: Who is a probation officer?
A:
1. Where the accused became insane before A: One who investigates for the court a referral for
sentence could be promulgated under Art. 79 of probation or supervises a probationer or both.
RPC
2. Where the offender, upon conviction by the trial PURPOSES
court, filed an application for probation which
has been granted (Baclayon v. Mutia, 1984) Q: What are the purposes of the law?
3. Where the offender needs to be confined in a A:
rehabilitation center because of drug 1. Promote the correction and rehabilitation of an
dependency although convicted of the crime offender by providing him with individualized
charged treatment;
4. Where the offender is a youthful offender under 2. Provide an opportunity for the reformation of a
Art. 192 of P.D. 603 penitent offender which might be less probable if
5. Where the crime was committed when the he were to serve a prison sentence; and
offender is under 18 years of age and he is found 3. Prevent the commission of offenses.
guilty thereof in accordance with R.A. 9344, but
the trial court subjects him to appropriate GRANT OF PROBATION, MANNER AND CONDITIONS
disposition measures as prescribed by the
Supreme Court in the Rule on Juveniles in Note: Probation is a mere privilege and its grant rest solely
Conflict with the Law. upon the discretion of the court. It is exercised primarily for
6. Under R.A. 9165 the benefit of the organized society and only incidentally
a. First time minor offender - an accused is for the benefit of the accused. The grant of probation is not
over 15 at the time of the commission of the automatic or ministerial (Pablo Bernardo v. Balagot, 215
offense but not more than 18 years of age at SCRA 526).
the time when judgment should have been
promulgated after having been found guilty Q: What is the effect of the filing for application for
of said offense if he has not been previously probation?
convicted of violating any provision of RA
9165 A: A judgment of conviction becomes final when the
b. He has not been previously committed to a accused files a petition for probation. However, the
Center or to the care of a DOH-accredited judgment is not executory until the petition for
physician probation is resolved. The filing of the petition for
c. The Board favorably recommends that his probation is a waiver by the accused of his right to
sentence be suspended. appeal the judgment of conviction.
7. When the sentence is death, its execution may
Note: An order placing defendant on probation is not a
be suspended or postponed by the Supreme
sentence but a suspension of the imposition of sentence. It
Court, through the issuance of R.O. upon the is an interlocutory judgment in nature.
ground of supervening events (Echegaray v.
Secretary of Justice, G.R. No. 132601, January 19, Q: Who can apply for probation?
1999).
A: GR: Only those whose penalty does not exceed six
PROBATION LAW (P.D. 968) years of imprisonment are qualified for probation,
without regard to the nature of the crime. Hence, if
DEFINITION OF TERMS the penalty is six years and one day, he is no longer
qualified for probation.
Q: What is Probation?
XPNs:
1. First time minor offenders under R.A. 9165 f. Attend or reside in a facility established for
2. Violation of the Revised Election Code instruction, recreation or residence of
persons on probation;
Q: How can an offender avail of the benefits of g. Refrain from visiting houses of ill- repute;
probation? h. Abstain from drinking intoxicated beverages
to excess;
A: The Trial Court may, after it shall have convicted i. Permit the probation officer or an
and sentenced a defendant upon application by said authorized social worker to visit his home
defendant within the period for perfecting an appeal, and place of work;
suspend the execution of the sentence and place the j. Reside at premises approved by it and not to
defendant on probation for such period and upon change his residence without its prior
such terms and conditions as it may deem best; written approval; or
Provided, That no application for probation shall be k. Satisfy any other condition related to the
entertained or granted if the defendant has perfected rehabilitation of the defendant and not
an appeal from the judgment of conviction. unduly restrictive of his liberty or
incompatible with his freedom of
Note: The accused cannot avail probation if he appeals his conscience.
conviction irrespective of the purpose of the appeal even if l. Plant trees
it is only to question the propriety of the penalty imposed.
(Sandoval, 2010)
Q: What are the sanctions imposed if the
probationer commits any serious violation of the
Q: If the sentence imposed is a mere fine, can the conditions of probation?
offender avail of the benefits of the Probation law?
A:
A. Yes. Probation may be granted whether the 1. The court may issue a warrant for the arrest of a
sentence imposes a term of imprisonment or a fine probationer.
only. 2. If violation is established, the court may:
a. Revoke his probation; or
Q: What happens to accessory penalties once b. Continue his probation and modify the
probation is granted? conditions thereof. This order is not
appealable.
A: Accessory penalties are deemed suspended. 3. If probation is revoked, the probationer shall
serve the sentence originally imposed.
Q: What are the Conditions of Probation?
CRITERIA OF PLACING AN OFFENDER
A:
ON PROBATION
1. Present himself to the probation officer
designated to undertake his supervision at such
place as may be specified in the order within Q: What are the criteria to be determined by the
seventy-two hours from receipt of said order; courts before placing an offender on Probation?
2. Report to the probation officer at least once a
month at such time and place as specified by said A: In determining whether an offender may be placed
officer; on probation, the court shall consider all information
relative to the character, antecedents, environment,
The court may also require the probationer to: mental and physical condition of the offender, and
a. Cooperate with a program of supervision; available institutional and community resources.
b. Meet his family responsibilities;
c. Devote himself to a specific employment and Q: When shall probation be denied?
not to change said employment without the
prior written approval of the probation A: Probation shall be denied if the court finds that:
officer; a. The offender is in need of correctional
d. Undergo medical, psychological or treatment that can be provided most
psychiatric examination and treatment and effectively by his commitment to an
enter and remain in specified institution, institution; or
when required for that purpose; b. There is an undue risk that during the period
e. Pursue a prescribed secular study or of probation the offender will commit
vocational training; another crime; or
c. Probation will depreciate the seriousness of to apply for probation. He did not have a choice
the offense committed. between appeal and probation. While it is true that
probation is a mere privilege, the point is not that
Q: What is the remedy if the application for Arnel has the right to such privilege; he certainly does
probation is denied? not have. What he has is the right to apply for that
privilege. If the Court allows him to apply for
A: An order granting or denying probation shall not probation because of the lowered penalty, it is still up
be appealable. Hence, the remedy is a Motion for to the trial judge to decide whether or not to grant
Reconsideration and if denied, a petition for him the privilege of probation, taking into account
certiorari. the full circumstances of his case (Colinares v. People,
G.R. No. 182748, December 13, 2011).
Q: Who are disqualified to avail the benefits of the Q: What is the period of probation?
probation law?
A: Those who are: A:
1. Sentenced to serve a maximum term of 1. The period of probation of a defendant
imprisonment of more than six (6) years; sentenced to a term of imprisonment of not
2. Convicted of subversion or any crime against the more than one year shall not exceed two years,
national security or the public order; and in all other cases, said period shall not
3. Who have previously been convicted by final exceed six years.
judgment of an offense punishable by 2. When the sentence imposes a fine only and the
imprisonment of not less than one month and offender is made to serve subsidiary
one day and/or a fine of not less than two imprisonment in case of insolvency, the period of
hundred pesos; probation shall not be less than nor be more than
4. Who have been once on probation under the twice the total number of days of subsidiary
provision of this Decree; and imprisonment.
5. Who are already serving sentence at the time the
substantive provisions of this Decree became ARREST OF PROBATIONER
applicable pursuant to Section 33 hereof.
Q: Can the court issue a warrant of arrest against a
Note: In multiple prison terms, imposed against the probationer?
accused found guilty of several offenses should not be
added up, and their sum total should not be determinative A: Yes. The court may issue the warrant for violations
of his disqualification from probation since the law uses the
of any condition of the probation
word “maximum” not “total” term of imprisonment
(Francisco v. CA, et. al, 243 SCRA 384).
Q: What happens after the arrest of the
Q: Arnel Colinares was found guilty of frustrated probationer?
homicide by the RTC. On appeal, CA affirmed. On
petition for review, SC ruled that he was only guilty A: He shall be immediately brought before the court
of attempted homicide, which penalty is for hearing, which may be informal and summary, of
“probationable”. Is Colinares now entitled to apply the violation charged. If the violation is established,
for probation upon remand of the case to the lower the court may revoke or continue his probation and
court, even after he has perfected his appeal to a modify the conditions thereof. If revoked, the court
previous conviction (frustrated homicide) which was shall order the probationer to serve the sentence
not “probationable”? originally imposed. The order revoking the grant of
probation or modifying the terms and conditions
A: Yes. What is clear is that, had the RTC done what thereof shall not be appealable.
was right and imposed on Arnel the correct penalty of
Note: The defendant may be admitted to bail pending the
two years and four months maximum, he would have
hearing and in such case, the provisions regarding release
had the right to apply for probation. Arnel did not on bail of persons charged with a crime shall be applicable.
appeal from a judgment that would have allowed him
Q: Who are disqualified to avail the benefits of A: The court may, after it shall have convicted and
probation? sentenced a child in conflict with the law, and upon
application at any time, place the child on probation
A: Any person convicted for drug trafficking or in lieu of service of sentence. (Sec. 42, R.A. 9344)
pushing under the Comprehensive Dangerous Drugs
Act of 2002, regardless of the penalty imposed by the
Court, cannot avail of the privilege granted by the
Probation Law or Presidential Decree No. 968 as
amended. (Sec. 24 of RA 9165 or CDDA of 2002) Also,
those convicted of violation of Election Code, and
those who appealed the decision (but see Colinares v.
People, G.R. No. 182748, December 13, 2011)
NOTE: For the definition of child in conflict with the law and
exemption from criminal liability, please refer to page 35
and 36, respectively.
Q: When is there partial extinction of criminal A: Allowances for good conduct are deductions from
liability? the term of sentence for good behavior (Art. 97). The
good conduct of any offender qualified for credit for
A: preventive imprisonment pursuant to Article 29 of
1. By conditional pardon the Code, or of any convicted prisoner in any penal
2. By commutation of the sentence institution, rehabilitation or detention center or any
3. For good conduct allowances which the culprit other local jail shall entitle him to the following
may earn while he is undergoing preventive deductions from the period of his sentence:
imprisonment or serving his sentence (Art. 94 as
amended by R.A. 10592) 1. During the first two years of imprisonment, he
shall be allowed a deduction of twenty days for
Q: What is the nature of conditional pardon? each month of good behavior during detention;
2. During the third to the fourth year, inclusive, of
A: When delivered and accepted, it is considered a
his imprisonment, he shall be allowed a
contract between the sovereign power of the
deduction of twenty-three days for each month
executive and the convict that the former will release
of good behavior during detention;
the latter upon compliance with the condition.
3. During the following years until the tenth year,
Q: What is the obligation incurred by a person inclusive of his imprisonment, he shall be allowed
granted with conditional pardon? a deduction of twenty-five days for each month
of good behavior during detention;
A: He shall incur the obligation of complying strictly
4. During the eleventh and successive years of his
with the conditions imposed therein, otherwise, his
imprisonment, he shall be allowed a deduction of
noncompliance with any of the conditions specified
thirty days for each month of good behavior
shall result in the revocation of the pardon and the
during detention;
provisions of Art. 159 on violation of conditional
pardon shall be applied to him. (Art. 95) 5. At any time during the period of imprisonment,
he shall be allowed another deduction of fifteen
Q: What is nature of commutation of sentence? days, in addition to numbers one to four hereof,
for each month of study, teaching or mentoring
A: It is a change of the decision of the court made by service time rendered. (R.A. 10592)
the Chief Executive by reducing the degree of the Note: An appeal by the accused shall not deprive him of
penalty inflicted upon the convict, or by decreasing entitlement to the above allowances for good conduct.
the length of the imprisonment or the amount of the
fine. Q: Who shall grant time allowance?
Q: What is effect of commutation of sentence? A: Whenever lawfully justified, the Director of the
Bureau of Corrections, the Chief of the Bureau of Jail
A: The commutation of the original sentence for Management and Penology and/or the Warden of a
another of a different length and nature shall have provincial, district, municipal or city jail shall grant
the legal effect of substituting the latter in the place allowances for good conduct. Such allowances once
of the former. (Art. 96) granted shall not be revoked. (Art. 99 as amended by
R.A. 10592)
Q: What are the cases where commutation is
provided for by the Code? Q: What is special time allowance for loyalty of
prisoner?
A:
A: Parole consists in the suspension of the sentence Note: Extinction of criminal liability does not necessarily
of a convict after serving the minimum term of the mean that civil liability is also extinguished (Petralba v.
indeterminate penalty, without granting a pardon, Sandiganbayan, 200 SCRA 644).
prescribing the terms upon which the sentence shall
be suspended (Reyes, p. 868). Q: What is the difference between the causes of
extinction from criminal liability from the causes of
Note: Parole system cannot exist without the justification or exemption?
Indeterminate sentence law.
A: The causes of the extinction arise after the
Q: What is the difference between conditional commission of the offense while the causes of
pardon and parole? justification or exemption arise from circumstances
existing either before the commission of the crime or
A: at the moment of its commission (Reyes, p. 839).
CONDITIONAL
PAROLE
PARDON PRESCRIPTION OF CRIMES AND
It may be given at any It may be given after the VIOLATIONS OF SPECIAL LAWS
time after final prisoner has served the (ACT 3326)
judgment by the Chief minimum penalty by the
Executive. Board of Pardons and Q: What is the nature of prescription of a
Parole under the crime/penalty?
provisions of the
Indeterminate Sentence A: The State or the People loses the right to
Law. prosecute the crime or to demand service of the
penalty imposed (Santos v. Superintendent, 55 Phil.
For violation of the For violation of the 345).
conditional pardon, the parole, the convict
convict may be cannot be prosecuted Q: When shall crimes prescribe?
rearrested or under Art. 159. He can be
reincarcerated by the rearrested and A: Those punishable by:
Chief Executive or may reincarcerated to serve 1. Death, reclusion perpetua, reclusion
be prosecuted under the unserved portion of temporal in twenty (20) years;
Art. 159 of the Code. his original penalty. 2. Other afflictive penalties (prision mayor) in
fifteen (15) years;
Note: The mere commission, 3. Correctional penalty (prision correccional) in
not conviction by the court,
ten (10) years;
of any crime is sufficient to
4. Arresto mayor in five (5) years;
warrant the parolee’s arrest
and reincarceration 5. Light offenses in two (2) months.
(Guevarra, in Reyes, p. 869).
Note: When the penalty fixed by law is a compound one,
the highest penalty shall be made the basis of the
Q: How is criminal liability totally extinguished?
application of prescription. (Art. 90)
A: Classified as a correctional penalty under Art. 25, Q: When shall the prescriptive periods of the
and according to Art. 90, ten (10) years should be the violations penalized by special laws and ordinances
prescription period (Dalao v. Geronimo, 92 Phil. begin to run?
1042). A: Prescription shall begin to run from the day of the
commission of the violation of the law, and if the
Q: When shall crimes punishable by fines prescribe? same be not known at the time, from the discovery
thereof and the institution of judicial proceedings for
A: Fines are also classified as afflictive, correctional, its investigation and punishment (Sec. 2, Act No.
or light penalty under Art. 26. That is, in 15 years, 10 3326).
years, and 2 months, respectively .
Note: Prescription does not divest court of jurisdiction; it is
a ground for acquittal of the accused. Thus, the court must
Note: The subsidiary penalty for non-payment of the fine
exercise jurisdiction, and not inhibit itself (Santos v.
should not be considered in determining the period of
Superintendent, 55 Phil. 345).
prescription of such crimes (People v. Basalo, 101 Phil. 57).
In addition, in light felonies when a fine of P200 is also
provided, such fine should not be considered correctional. Q: How is prescription of offenses determined?
Q: What shall be the basis for prescription when fine A: The period of prescription commences to run from
is an alternative penalty higher than the other the day the crime is committed
penalty which is by imprisonment? 1. The period of prescription commences to run
from the day on which the crime is discovered by
A: Prescription herein is based on fine (People v. the offended party, the authorities or their
Basalo, supra). agents.
2. It is interrupted by the filing of the complaint or
Note: The ruling in Basalo applies even if the penalty is information.
arresto mayor and fine. 3. It commences to run again when such
proceedings terminate without the accused being
Q: What is the prescriptive period of offenses convicted or acquitted or are unjustifiably
punished under special laws and municipal stopped for any reason not imputable to him.
ordinances? 4. The term of prescription shall not run when the
offender is absent from the Philippines (Art. 91).
A: Act No. 3763, amending No. 3326, provides:
1. Offenses punished only by a fine or by Note: The term "proceedings" should now be understood
imprisonment for not more than one month to be either executive or judicial in character: executive
prescribes after one year; when it involves the investigation phase; and, judicial when
it refers to the trial and judgment stage. With this
clarification, any kind of investigative proceeding instituted
Q: What are the distinctions between prescription Q: Is the extinguishment of criminal liability by the
of crimes and prescription of penalties? marriage of the offended woman to her offender in
seduction, abduction, rape and acts of 1. The power can be exercised only after
lasciviousness an absolute rule? conviction;
2. Such power does not extend to cases of
A: No, it must be contracted in good faith. Hence, a impeachment.
marriage contracted only to avoid criminal liability is
devoid of legal effects (People v. Santiago, 51 Phil. Q: Does pardon of the principal penalty also
68). extinguish the effect of the accessory penalties
attached to it?
Likewise, in cases of multiple rapes, the subsequent
valid marriage of the offender and the offended party A: GR: No. When the principal penalty is remitted by
will not extinguish criminal liability. (Sandoval, 2010) pardon, only the effect of that principal penalty is
extinguished. The rights are not restored unless
Q: Does compromise extinguish criminal liability? expressly restored by the terms of the pardon.
A: No, a crime is a public offense which must be XPN: When an absolute pardon is granted after
prosecuted and punished by the Government on its the term of imprisonment has expired, it
own motion even though complete reparation removes all that is left of the consequences of
should have been made of the damage suffered by conviction. (Cristobal v. Labrador, G.R. No. L-
the offended party (People v. Benitez, 59 O.G. 1407) 47941, December 7, 1940)
Note: There may be a compromise upon the civil liability arising Q: What are the distinctions between pardon by the
from an offense; but such compromise shall not extinguish the
Chief Executive and pardon by the offended party?
public action for the imposition of the legal penalty. (Art. 2034,
NCC)
A:
PARDON BY THE CHIEF EXECUTIVE PARDON BY THE CHIEF PARDON BY THE
EXECUTIVE OFFENDED PARTY
Q: What is pardon? It extinguishes the It does not extinguish
criminal liability of the criminal liability of the
A: It is an act of grace proceeding from the power offender. offender.
entrusted with the execution of the laws which It cannot exempt the Offended party can
exempts the individual on whom it is bestowed from offender from the waive the civil liability
the punishment the law inflicts for the crime he has payment of the civil which the offender must
committed. indemnity. pay.
It is granted only after Pardon should be given
Note: A pardon, whether absolute or conditional, is in the conviction and may be before the institution of
nature of a deed, for the validity of which is an extended to any of the criminal prosecution and
indispensable requisite. Once accepted by the grantee, the offenders. must be extended to
pardon already delivered may not be revoked by the both offenders. (Art.
granting authority (Reyes, p. 842). 344)
BOOK II (ARTICLES 114-365, RPC) A: It is the obligation of fidelity and obedience which
AND SPECIFICALLY INCLUDED SPECIAL LAWS the individuals owe to the government under which
they live or to their sovereign, in return for the
CRIMES AGAINST NATIONAL SECURITY protection they receive.
What are the crimes against the law of nations? Q: Who may be the offenders of the crime of
treason?
A:
1. Piracy and mutiny (Art.122) A:
2. Qualified Piracy and Mutiny 1. Filipino citizens even when outside the
Philippines; and
Note: Crimes against National Security and the Law of
2. Aliens residing in the country
Nations are exceptions to the principle of territoriality
under the RPC.
Note: Filipino citizens owe the government permanent
allegiance while resident aliens owe temporary allegiance
Q: Where can the crimes against the law of nations to the same.
be tried?
Q: Can treason be committed outside the
A: It may be tried anywhere because they are Philippines?
considered crimes against the family of nations.
A: It depends.
Q: When can the crime against national security be 1. If the offender is a Filipino citizen, he can
committed? commit this crime even if he is outside the
Philippines.
A: GR: All crimes against national security can only be 2. Treason by an alien must be committed in
committed in times of war. the Philippines (EO 44) except in case of
conspiracy.
XPN:
1. Espionage Q: What are the two modes of committing treason?
2. Inciting to war or giving motives for reprisal
3. Mutiny and piracy. (Boado 2008 p.366) A:
1. Levying war against the government, or
TREASON 2. Adhering to the enemies, giving them aid and
ART. 114 comfort.
2. For the purpose of executing a treasonable the whole overt act; or if it is separable, there must
design by force. be two witnesses to each part of the overt act (People
v. Escleto, 84 Phil. 121).
Q: When is there adherence to enemies?
Illustration: Witness A testified that he saw the
A: It is when a citizen intellectually or emotionally defendant going to the house of X in search of
favors the enemies and harbors sympathies or the latter’s revolver. Witness B testified that
convictions disloyal to his country’s policy or interest. when X went to the garrison, the defendant
However, adherence alone without aid and comfort required him (X) to produce his revolver. It was
does not constitute treason, but it may be inferred held that the search for the revolver in the house
from the acts committed. of X is one overt act and the requiring to produce
the revolver in the garrison is another. Thus,
Q: What is meant by aid and comfort? there must be two witnesses for each act (People
v. Abad, 78 Phil. 766).
A: It means overt acts which strengthens or tends to
strengthen the enemy of the government in the Note: Adherence need not be proved by the oaths of two
conduct of war against the government or an act witnesses. Criminal intent and knowledge may be gathered
which weakens or tends to weaken the power of the from the testimony of one witness, or from the nature of
the act itself, or from circumstances surrounding the act.
government to resist or to attach the enemies of the
On the other hand, an overt act, must be established by the
government.
deposition of two witnesses. Each of the witnesses must
testify to the whole of the overt act; or if it is separable,
Note: The overt act of giving aid or comfort to the enemy there must be two witnesses to each part of the overt act
must be intentional. As a general rule, to be treasonous, (People v. Adriano, G.R. No. L-477, June 1947).
the extent of the aid and comfort given to the enemies
must be to render assistance to them as enemies and not
Q: What is meant by confession?
merely as individuals and in addition, be directly in
furtherance of the enemies’ hostile designs. To make a
simple distinction: To lend or give money to an enemy as a A: It means confession of guilt in an open court; that
friend or out of charity to the beneficiary so that he may is, before the judge while actually hearing the case.
buy personal necessities is to assist him as individual and is
not technically traitorous. On the other hand, to lend or Note: Extrajudicial confession or confession made before
give him money to enable him to buy arms or ammunition the investigators is not sufficient to convict a person of
to use in waging war against the giver’s country enhance his treason.
strength and by the same count injures the interest of the
government of the giver. That is treason (People v. Perez, Q: X furnished women to the enemy. Does the act
83 Phil. 314, April 18, 1949). constitute treason?
Q: How is treason proved? Q: Does accepting a public office under the enemy
constitute the felony of treason?
A: A person may be convicted of treason by any of
the following only: A: Mere acceptance of a public office and the
1. Testimony of two witnesses, at least, to the same discharge of the duties connected therewith do not
overt act; or constitute per se the crime of treason, unless such
2. Confession of the accused in open court. office was accepted as an aid and for the comfort of
the enemy and that the person who accepted the
Q: What is the two-witness rule? office adheres to the enemy.
different time. In treason, there is only one criminal Q: May a suspended allegiance, or change of
intent. A person who commits treason is not sovereignty be used as a defense to the crime of
criminally responsible for as many crimes of treason treason?
as the overt acts as he has intentionally committed to
give aid to the enemy. A: No because of the following reasons:
1. A citizen owes an absolute and permanent
Note: The offender can still be prosecuted even after war. allegiance to his government;
2. The sovereignty of the Government is not
Q: When common crimes (e.g. murder, robbery, transferred to the enemy by mere occupation;
arson) are committed in the furtherance of the 3. The subsistence of the sovereignty of the
crime of treason, can they be considered crimes legitimate Government in a territory occupied by
separate from treason? the military forces of the enemy during the war is
one of the rules of International Law;
A: No. The common crimes committed in furtherance 4. What is suspended is merely the exercise of the
of treason are the overt acts of aid and comfort in rights of sovereignty. (Laurel v. Misa, ibid.)
favor of the enemy and are therefore inseparable
from treason itself. They become an element of Note: The defense of duress or uncontrollable fear, and
treason. lawful obedience to a de facto Government are good
defenses in treason (Go Kim Cham v. Valdez, 75 Phil. 113;
Note: However, if the prosecution should elect to People v. Bagwis, 78 Phil. 174).
prosecute the culprit specifically for these crimes, instead
of relying on them as an element of treason, punishment CONSPIRACY AND PROPOSAL TO COMMIT TREASON
for these common crimes is not precluded (People v. Prieto, ART. 115
80 Phil 143).
Q: What are the elements of conspiracy to commit
Q: What are the aggravating circumstances in the
treason?
crime of treason?
A:
A:
1. In time of war
1. Cruelty
2. Two or more persons come to an agreement to:
2. Ignominy
a. Levy war against the government, or
3. Rape, wanton robbery of personal gains and
b. Adhere to enemies and to give them aid or
brutality with which the killing or physical injuries
comfort
are carried out which can be regarded as cruelty
3. They decide to commit it
and ignominy
Q: What are the elements of proposal to commit
Note: Evident premeditation, superior strength, and
treachery are circumstances inherent in treason, and
treason?
therefore, not aggravating.
A:
Q: A was charged with the crime of treason. In his 1. In time of war
defense, he asserts that he can no longer be 2. A person who has decided to levy war against the
prosecuted for treason since he already lost his government, or to adhere to the enemies and
Filipino citizenship under paragraphs 3, 4, and 6 of give them aid and comfort.
the Commonwealth Act No. 63, which provides that 3. Proposes its execution to some other person or
“…a Filipino may lose his citizenship by accepting persons.
commission in the military, naval, or air service of a
foreign country…” when he joined the Japanese Note: The mere conspiracy and proposal to commit treason
are punishable are felonies under Article 115 because in
armed forces. Is his defense tenable?
treason, the very existence of the State is endangered.
Q: If actual acts of treason are committed after the the Government of the Philippines, not knowledge of
conspiracy or after the proposal is accepted, what treason actually committed by another.
crime is committed?
ESPIONAGE
A: The crime of treason is already consummated since ART. 117
the perpetrator had already executed what was
agreed upon or what was proposed to be done. The Q: What is espionage under the Revised Penal Code?
conspiracy or proposal is then considered merely as
means in the commission thereof. A: Espionage is the offense of gathering, transmitting,
or losing information respecting the national defense
MISPRISION OF TREASON with intent or reason to believe that the information
ART. 116 is to be used to the injury of the Republic of the
Philippines or to the advantage of any foreign nation.
Q: What are the elements of the crime of misprision
of treason? Q: What are the ways of committing espionage
under Art. 117? What are their respective elements?
A: Elements:
1. That the offender who is not a foreigner must be A: The two ways are the following:
owing allegiance to the Government; 1. By entering, without authority therefor, a
2. That he has knowledge of any conspiracy to warship, fort, or naval or military establishment
commit treason against the Government; or reservation to obtain any information, plans,
3. That he conceals or does not disclose or make photographs, or other data of a confidential
known the same as soon as possible to the nature relative to the defense of the Philippines.
Governor or Fiscal of the province or Mayor or
Fiscal of the city in which he resides. Elements:
a. That the offender enters in any place
Note: This crime is an exception to the rule that mere mentioned therein;
silence does not make a person criminally liable. It is a b. That he has no authority therefor;
crime of omission. c. That his purpose is to obtain information,
plans, photographs, or other data of
Q: May misprision of treason be committed by a confidential nature relative to the defense of
resident alien? the Philippines.
A: No, the offender must be owing allegiance to the Note: To be liable under this paragraph, the offender
Government, without being a foreigner. must have the intention to obtain information relative
to the defense of the Philippines, but it is not
Q: What is the penalty of misprision of treason? necessary to have actually obtained such information.
A: Art. 116 does not provide for a penalty, but the 2. By disclosing to the representative of a foreign
offender is punished as an accessory to the crime of nation the contents of the articles, data or
treason. Therefore, the penalty is two degrees lower information referred to in the preceding
than that provided for treason. paragraph, which he had in his possession by
reason of the public office he holds.
Note: The offender in Art. 116 is considered a principal in
the crime of misprision of treason, not as an accessory to Elements:
the crime of treason. The term accessory refers only to the a. That the offender is a public officer;
penalty to be imposed, not to the person who acted b. That he has in his possession the articles,
subsequent to the commission of the offense.
data, or information referred to in paragraph
no. 1 of Article 117, by reason of the public
Q: X, a Filipino citizen, has knowledge of treason office he holds;
committed by someone and does not report its c. That he discloses their contents to a
commission to the proper authorities. Can he be representative of a foreign nation.
held liable for Misprision of Treason?
Q: Who may be the offenders under Art. 117?
A: No. Art. 116 does not apply when the crime of
treason is already committed. This is so because Art. A: It depends.
116 speaks of “knowledge of any conspiracy against”
1. Under paragraph no. 1 of Art. 117, the offender Note: If both elements concur, the crime is committed
is any person, whether a citizen or a foreigner, a regardless of his intentions.
private individual or a public officer;
2. Under par. 2, the offender must be a public Q: When is the crime committed?
officer who has in his possession the article, data,
or information by reason of the public office he A: The crime of inciting to war or giving motives for
holds. reprisals is committed in time of peace.
A: As provided by Commonwealth Act No. 616 (An A: It is any kind of forcible or coercive measure
Act to Punish Espionage and Other Offenses against whereby one State seeks to exercise a deterrent
National Security), the following are acts of espionage effect or to obtain redress or satisfaction, directly or
punishable: indirectly, for consequences of the illegal acts of
1. Unlawfully obtaining or permitting to be another State which has refused to make amends for
obtained information affecting national defense; such illegal conduct.
2. Unlawful disclosing of information affecting
national defense; Note: Reprisal is resorted to for the purpose of settling a
dispute or redressing a grievance without going to war.
3. Disloyal acts or words in time of peace;
4. Disloyal acts or words in time of war;
5. Conspiracy to violate preceding acts; Q: What is the extent of reprisals?
6. Harboring or concealing violators of law;
7. Photographing from aircraft of vital military A: Reprisals are not limited to military action. It could
information. be economic reprisals or denial of entry into their
country. E.g. X burns a Singaporean flag. If Singapore
Q: How are espionage and treason distinguished? bans the entry of Filipinos, that is reprisal.
Q: What are the elements of this crime? 1. That the notice or information might be
useful to the enemy;
A: Elements: 2. That the offender intended to aid the
1. That there is a war in which the Philippines is not enemy.
involved;
2. That there is a regulation issued by a competent Note: If the offender intended to aid the enemy by giving
authority for the purpose of enforcing neutrality; such notice or information, the crime amounts to treason;
3. That the offender violates such regulation. hence, the penalty is the same as that for treason.
Q: Who has the authority to issue a regulation for FLIGHT TO ENEMY COUNTRY
the enforcement of neutrality? ART. 121
A: The regulation must be issued by competent Q: What are the elements of this crime?
authority like the President of the Philippines or the
Chief of Staff of the Armed Forces of the Philippines, A: Elements:
during a war between different countries in which the 1. That there is a war in which the Philippines is
Philippines is not taking sides. involved;
2. That the offender must be owing allegiance to
CORRESPONDENCE WITH HOSTILE COUNTRY the Government;
ART. 120 3. That the offender attempts to flee or go to
enemy country;
Q: What is the meaning of correspondence? 4. That going to enemy country is prohibited by
competent authority.
A: Correspondence is communication by means of
Note: It should be noted that the mere attempt to flee or
letters; or it may refer to the letters which pass
go to enemy country when prohibited by competent
between those who have friendly or business
authority consummates the felony.
relation.
Q: Who may be offenders of this crime?
Q: What are the elements of this crime?
A: Alien residents, not only Filipino citizens, can be
A: Elements: held liable under this article. That law does not say
1. There is a war in which the Philippines is “not being a foreigner.” Hence, allegiance herein may
involved; be permanent or temporary.
2. That the offender makes correspondence with an
enemy country or territory occupied by enemy
PIRACY IN GENERAL AND MUTINY IN THE HIGH SEAS
troops;
OR IN PHILIPPINE WATERS
3. That the correspondence is either—
ART. 122
a. prohibited by the government, or
b. carried on in ciphers or conventional signs,
or Q: What is piracy?
c. containing notice or information which
might be useful to the enemy. A: It is robbery or forcible depredation on the high
seas, without lawful authority and done with animo
Note: Even if the correspondence contains innocent furandi (intent to steal) and in the spirit and intention
matters, if the correspondence has been prohibited by the of universal hostility.
Government, it is punishable. However, in paragraphs 2 and
3 of Art. 120, prohibition by the Government is not Q: What are the two modes of committing piracy
essential. (Article 122)?
Q: Which court has jurisdiction over piracy Note: The first qualifying circumstance does not apply
committed in the high seas? to mutiny since the offenders are already on board the
ship.
A: Jurisdiction is with any court where offenders are
found or arrested. The jurisdiction of piracy, unlike all 2. Whenever the pirates have abandoned their
other crimes, has no territorial limit. victims without means of saving themselves; or
Note: Nor does it matter that the crime was committed 3. Whenever the crime is accompanied by murder,
within the jurisdictional 3-mile limit of a foreign state, for homicide, physical injuries, or rape.
those limits, though neutral to war, are not neutral to
crimes (People v. Lolo and Saraw, G.R. No. 17458, February Q: Is there a complex crime of piracy with murder?
27, 1922).
A: No. There is only one crime committed – qualified
Q: If piracy was committed outside the Philippine
piracy. Murder, rape, homicide, physical injuries are
waters, will the Philippine courts have jurisdiction
mere circumstances qualifying piracy and cannot be
over the offense?
punished as separate crimes, nor can they be
complexed with piracy. Qualified piracy is considered
A: Yes, for piracy falls under Title I Book 2 of the
a special complex crime. It is punishable by reclusion
Revised Penal Code. As such, it is an exception to the
perpetua to death regardless of the number of
rule on territoriality in criminal law under Article 2.
victims.
The same principle applies even if the offenders were
charged, not with a violation of qualified piracy under
the Code but under a special law, P.D. 532 which
ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW 3. Highway robbery/brigandage - the seizure of any
(P.D. 532) person for ransom, extortion or other unlawful
purposes, or the taking away of the property of
DEFINITION OF TERMS another by means of violence against or intimidation
of persons or force upon things or other unlawful
means, committed by any person on any Philippine
Q: What is a vessel?
Highways.
A: Any vessel or watercraft used for transport of
4. Qualified Highway Robbery/Brigandage when any
passengers and cargo from one place to another
of the following crimes is committed on the occasion
through Philippine waters. It shall include all kinds
of Highway Robbery/Brigandage:
and types of vessels or boats used in fishing.
a. Physical injuries or other crimes
b. Kidnap for ransom, extortion, murder,
Q: What constitutes Philippine waters?
homicide, or rape
A: Philippine Waters shall refer to all bodies of water,
5. Aiding or protecting pirates or highway
such as but not limited to seas, gulfs, bays around,
robbers/brigands in any of the following manner shall
between and connecting each of the Islands of the
be considered accomplice of the principal offenders
Philippine Archipelago, irrespective of its depth,
and be punished in accordance with the Rules
breadth, length or dimension, and all other waters
prescribed by the RPC:
belonging to the Philippines by historic or legal title,
a. Giving them information about the
including territorial sea, sea-bed, the insular shelves,
movement of the police or other peace
and other submarine areas over which the Philippines
officers of the government
has sovereignty or jurisdiction.
b. Acquiring or receiving property taken by
such pirates or brigands or in any manner
Q: What is Philippine Highway?
derives any benefit therefrom
c. Directly or indirectly abetting the
A: it shall refer to any road, street, passage, highway
commission of piracy or highway robbery or
and bridges or other parts thereof, or railway or
brigandage
railroad within the Philippines used by persons, or
vehicles, or locomotives or trains for the movement
Note: It shall be presumed that any person who does any of
or circulation of persons or transportation of goods, the abovementioned acts has performed them knowingly
articles, or property or both. unless the contrary is proven.
ANTI-HIJACKING LAW (R.A. 6235) A: The Anti-Hijacking Law will not apply and the acts
will be punished accordingly under the RPC or the
PUNISHABLE ACTS applicable special penal laws. The correlative crime
may be one of grave coercion or grave threats. If
somebody is killed, the crime is homicide or murder,
Q: What are the Punishable Acts?
as the case may be.
A:
Q: The pilots of the ABC aircraft were accosted by
1. To compel a change in the course or destination
some armed men and were told to proceed to the
of an aircraft of Philippine registry, or to seize or
aircraft to fly it to a foreign destination. The armed
usurp the control thereof, while it is in flight.
men walked with the pilots and went on board the
aircraft. But before they could do anything on the
2. To compel an aircraft of foreign registry to land
aircraft, alert marshals arrested them. What crime
in Philippine territory or to seize or usurp the
was committed?
control thereof while it is within the said
territory.
A: The criminal intent definitely is to take control of
the aircraft, which is hi-jacking. It is a question now
Note: Aggravating circumstances to nos. 1 and 2:
a. When the offender has fired upon the pilot, of whether the anti-hi-jacking law shall govern. The
member of the crew, or passenger of the aircraft; anti hi-jacking law is applicable in this case. Even if
b. When the offender has exploded or attempted to the aircraft is not yet about to fly, the requirement
explode any bomb or explosive to destroy the that it be in flight does not hold true when it comes
aircraft; to aircraft of foreign registry. Even if the problem
c. Whenever the crime is accompanied by murder, does not say that all exterior doors are closed, the
homicide, serious physical injuries or rape. crime is hi-jacking. Since the aircraft is of foreign
registry, under the law, simply usurping or seizing
3. To ship, load, or carry in any passenger aircraft control is enough as long as the aircraft is within
operating as a public utility within the Philippine territory, without the requirement that it
Philippines, any explosive, flammable, corrosive be in flight. Note, however, that there is no hi-jacking
or poisonous substance or material. in the attempted stage. This is a special law where
the attempted stage is not punishable.
Q: What are the necessary requisites before the
Anti-Hijacking Law or R.A. 6235 may apply? Q: While the stewardess of a Philippine Air Lines
plane bound for Cebu was waiting for the passenger
A: If it is a Philippine registered aircraft, it must be in manifest, two of its passengers seated near the pilot
flight even if not within the Philippine territory. If it is surreptitiously entered the pilot cockpit. At
a foreign registered aircraft, there is no need that it is gunpoint, they directed the pilot to fly the aircraft to
in flight but if the offender seizes or usurps the the Middle East. However, before the pilot could fly
control of a foreign registered aircraft, the aircraft the aircraft towards the Middle East, the offenders
must be within Philippine territory. If the offender were subdued and the aircraft landed. What crime
compels the foreign registered aircraft to land in any was committed?
Philippine territory, then the offender may be held
liable even if the aircraft is outside the Philippine A: The aircraft was not yet in flight. Considering that
territory. the stewardess was still waiting for the passenger
manifest, the doors were still open. Hence, the anti
Note: A crime committed while in a Philippine registered
hi-jacking law is not applicable. Instead, the Revised
airship is an exception to the principle of territoriality under
Penal Code shall govern. The crime committed was
the RPC.
grave coercion or grave threat, depending upon
Q: When is an aircraft considered in flight? whether or not any serious offense violence was
inflicted upon the pilot. However, if the aircraft were
A: An aircraft is in flight from the moment all its of foreign registry, the act would already be subject
external doors are closed following embarkation until to the anti hi-jacking law because there is no
any of such doors is opened for disembarkation. requirement for foreign aircraft to be in flight before
such law would apply. The reason for the distinction
Q: If the offender seized the control of a Philippine is that as long as such aircraft has not returned to its
registered aircraft but it is not in flight, what law will home base, technically, it is still considered in transit
apply? or in flight.
A: The crime remains to be a violation of the anti hi- Q: Who are liable?
jacking law, but the penalty thereof shall be higher
because a passenger or complement of the aircraft A:
had been killed. The crime of homicide or murder is 1. Principal – Any person who commits any of the
not committed. acts under Section 3 and 4.
Q: The hi-jackers threatened to detonate a bomb in
the course of the hi-jack. What crime or crimes 2. Accomplice – any person who not being a
were committed? principal under Article 17 of the RPC or a
conspirator as defined under Section 4 hereof,
A: Again, the crime is violation of the anti hi-jacking cooperates in the execution of either the crime
law. The separate crime of grave threat is not of terrorism or conspiracy to commit terrorism
committed. This is considered as a qualifying by previous or simultaneous acts.
circumstance that shall serve to increase the penalty.
3. Accessory – any person who having knowledge of
HUMAN SECURITY ACT (R.A. 9372) the commission of the crime of terrorism or
conspiracy to commit terrorism and without
PUNISHABLE ACTS having participated therein either as principal or
accomplice under Articles 17 and 18 of the RPC,
Q: What are the punishable acts of terrorism? takes part subsequent to its commission in any of
the following manner:
A: Any act punishable under any of the following
provisions of the: a. By profiting himself or assisting the offender
to profit by the effects of the crime,
RPC SPECIAL PENAL LAWS b. By concealing or destroying the body of the
i. Piracy in General i. Anti‐Hijacking Law crime or the effects or instruments thereof
and Mutiny in the ii. Anti‐Piracy and in order to prevent its discovery,
High Seas or in the Anti‐Highway
c. By harboring, concealing, or assisting in the
Philippine Waters Robbery Law of 1974
escape of the principal or conspirator of the
ii. Rebellion or (P.D.532)
crime.
Insurrection iii. Decree Codifying the
iii. Coup d'etat, Laws on Illegal and
including acts Unlawful Possession, XPN: Spouses, ascendants, descendants,
committed by Manufacture, Dealing legitimate, natural and adopted brothers and
private persons In, Acquisition or sisters or relatives by affinity within the same
iv. Murder Disposition of degree.
v. Kidnapping and Firearms,
Serious Illegal Ammunitions or XPN to the XPN: those falling under (a).
Detention Explosives
vi. Crimes Involving iv. The Law on Arson Q: What is the penalty for failure to deliver suspect
Destruction; v. Toxic Substances and to judicial authority?
Hazardous and
Nuclear Waste A: The penalty of ten (10) years and one day to
Control Act of 1990 twelve (12) years of imprisonment shall be imposed
vi. Atomic Energy upon any police or law enforcement personnel who
Regulatory and has apprehended or arrested, detained and taken
Liability Act of 1968 custody of a person charged with or suspected of the
crime of terrorism or conspiracy to commit terrorism
Note: The abovementioned act must: and fails to deliver such charged or suspected person
1. Sow and create a condition of widespread to the proper judicial authority within the period of
and extraordinary fear and panic among the three (3) days.
populace
(b) six (6) years and one day to twelve (12) years
of imprisonment, if the detained person has
not been convicted and sentenced in a final
judgment of a competent court.
Q: When is a person considered in detention? ground, is without authority to do so, like a clerk in the
Office of the Central Bank Governor, arbitrary detention is
A: A person is detained when he is placed in not the proper charge but illegal detention.
confinement or there is restraint on his person.
Q: Can a barangay chairman be guilty of this crime?
Q: What are the periods of detention?
A: Yes. He has authority, in order to maintain peace
A: and order, to cause the arrest and detention of a
1. Detention for 3 days or less — punishable by person. (Boado, 2008)
arresto mayor in its max to prision correccional in
its min Q: What are the legal grounds for the detention of
2. Detention for more than 3 to 15 days— persons?
punishable by prision correccional in its med and
max A: GR:
3. Detention for more than 15 to 6 months — 1. Commission of a crime
punishable by prision mayor 2. Violent insanity or other ailment requiring
4. Detention for more than 6 months— punishable compulsory confinement of the patient in a
by reclusion temporal hospital
3. Instances of a valid warrantless arrest under Rule
Q: Can there be arbitrary detention even if the 113, Sec. 5 of the Revised Rules of Court
victims were not kept in an enclosure? a. suspect is caught in flagrante delicto
b. suspect is caught immediately after the
A: Yes. The prevailing jurisprudence on kidnapping commission of the offense when the officer
and illegal detention is that the curtailment of the has probable cause to believe based on
victim’s liberty need not involve any physical restraint personal knowledge of facts and
upon the victim’s person. If the acts and actuations of circumstances that the person to be arrested
the accused can produce such fear in the mind of the committed it
victim sufficient to paralyze the latter, to the extent c. escaping prisoners
that the victim is compelled to limit his own actions
and movements in accordance with the wishes of the XPN: When the peace officers acted in good faith
accused, then the victim is, for all intent and even if the grounds mentioned above are not
purposes, detained against his will (Benito Astorga v. obtaining, there is no arbitrary detention.
People, G.R. No. 154130, October 1, 2003).
Illustration: 2 BIR secret agents, strangers in the
Q: Is it necessary that the public officer be a police municipality who were spying the neighborhood
officer for him to be held liable for arbitrary of the market place and acting generally in a
detention? manner calculated to arouse the suspicion of any
one not advised as to their duty, were arrested
A: No. It is important, however, that the public officer by policemen of the town. The Supreme Court
must be vested with the authority to detain or order held that the police officers acted in good faith
the detention of persons accused of a crime such as and cannot be held liable for arbitrary detention
policemen and other agents of law, judges or mayors. (U.S. v. Batalliones, 23 Phil. 46).
make the re-arrest. He is liable for arbitrary detention a. 12 hours for crimes/offenses punishable by
through simple imprudence (People v. Misa, 36 O.G. light penalties or their equivalent;
3496). b. 18 hours for crimes/offenses punishable by
correctional penalties or their equivalent;
Q: What are the distinctions between arbitrary c. 36 hours for crimes/offenses punishable by
detention and illegal detention? afflictive penalties or their equivalent.
Q: What are the distinctions between arbitrary Q: What situation is contemplated by Art. 125?
detention and unlawful arrest?
A: Art. 125 contemplates a situation where arrest was
A: made without a warrant but there exists a legal
ARBITRARY DETENTION UNLAWFUL ARREST ground for the arrest. It does not apply when the
The offender is a public The offender may be any arrest is on the strength of a warrant of arrest,
officer possessed with person. because in the latter case, there is no period required
authority to make for the delivery of a detained person to the proper
arrests. judicial authorities except that it must be made
The purpose for The purpose is to accuse within a reasonable time. The person arrested can be
detaining the offended the offended party of a detained indefinitely until his case is decided by the
party is to deny him of crime he did not commit, court or until he posts bail for his temporary release.
his liberty. to deliver the person to
the proper authority, and Q: When is a warrantless arrest lawfully effected?
to file the necessary
charges in a way trying to A:
incriminate him. 1. In Flagrante Delicto - When, in his presence, the
person to be arrested has committed, is actually
committing, or is attempting to commit an
Q: X, a police officer, falsely imputes a crime against
offense
A to be able to arrest him but he appears to be not
2. Hot Pursuit - When an offense has in fact been
determined to file a charge against him. What crime,
committed, and he has probable cause to believe
if any, did X commit?
based on personal knowledge of facts and
circumstances that the person to be arrested has
A: The crime is arbitrary detention through unlawful
committed it
arrest. (Boado, 2008)
Note: Probable cause—such facts and circumstances
DELAY IN THE DELIVERY OF DETAINED PERSONS TO which could lead a reasonable discreet and prudent
THE PROPER JUDICIAL AUTHORITY man to believe than an offense has been committed
ART. 125 and that the object sought in connection with the
offense are in the place sought to be searched
Q: What are the elements of this crime?
Personal knowledge of facts—must be based upon
probable cause, which means an actual belief or
A: reasonable grounds of suspicion
1. Offender is a public officer or employee
2. He has detained a person for some legal ground 3. Escaping Prisoner - When the person to be
3. He fails to deliver such person to the proper arrested is a prisoner who has escaped from a
judicial authorities within:
A: The arresting officer will have to comply with Art. Q: What are the punishable acts under this article?
125 and file the case immediately in court without
preliminary investigation. A:
1. Expelling a person from the Philippines
Q: What is the difference between delay in the 2. Compelling a person to change his residence.
delivery of detained persons (Art. 125) and arbitrary
detention (Art. 124)? Note: This article does not apply in cases of ejectment,
expropriation or when the penalty imposed is destierro.
A:
Illustration: In Villavicencio v. Lukban, the mayor of 2. Searching papers or other effects found therein
the City of Manila wanted to make the city free from without the previous consent of such owner
prostitution. He ordered certain prostitutes to be 3. Refusing to leave the premises after having
transferred to Davao, without observing due surreptitiously entered said dwelling and after
processes since they have not been charged with any having been required to leave the same
crime at all. It was held that the crime committed
was expulsion. Note: What is punished is the refusal to leave, the
entry having been made surreptitiously.
Q: What are the elements of expulsion?
Q: What is the meaning of “against the will of the
A: owner”?
1. Offender is a public officer or employee
2. He either: A: It presupposes opposition or prohibition by the
a. Expels any person from the Philippines owner, whether express or implied, and not merely
b. Compels a person to change residence the absence of consent.
3. Offender is not authorized to do so by law
Q: What are the common elements?
Q: What is the essence of the crime of expulsion?
A:
A: The essence of this crime is coercion but it is 1. Offender is public officer or employee;
specifically termed expulsion when committed by a 2. He is not authorized by judicial order to enter the
public officer. dwelling and/or to make a search for papers and
for other effects.
Q: If any of the punishable acts under Art. 127 is
committed by a private person, what crime can he Q: Suppose the punishable acts under Art. 128 are
be made responsible for? committed by a private person, what crime did he
commit?
A: Grave coercion
A: Trespass to dwelling.
Q: What is the crime committed if aliens are
deported without an order from the President or the Q: Are the provisions under Art. 128 applicable if the
Commissioner of Immigration and Deportation after occupant of the premises is not the owner?
due proceedings?
A: Yes, it would be sufficient if the inhabitant is lawful
A: Expulsion. occupant using the premises as his dwelling, although
he is not the property owner.
Note: Pursuant to Sec. 69 of the Revised Administrative
Code, only the President of the Philippines is vested with Q: If a public officer searches a person outside his
authority to deport aliens. dwelling, not armed with a search warrant or a
warrant of arrest, are the provisions of Art. 128
Q: What crime is committed when a Filipino who, applicable?
after voluntarily leaving the country, is illegally
refused re-entry by a public officer? A: No, because the papers and other effects
mentioned in Art. 128 must be found in the dwelling.
A: Expulsion, because he is considered a victim of The crime committed is grave coercion, if violence
being forced to change his address. and intimidation are used (Art. 286), or unjust
vexation, if there is no violence or intimidation (Art.
VIOLATION OF DOMICILE 287).
ART. 128
Q: What are the qualifying circumstances under Art.
Q: What are the punishable acts? 128?
A: A:
1. Entering any dwelling against the will of the 1. If committed at night time
owner thereof 2. If any papers or effects not constituting evidence
of a crime are not returned immediately after the
search is made by the offender.
SEARCH WARRANTS MALICIOUSLY OBTAINED Q: What is the test for lack of just cause?
AND ABUSE IN THE SERVICE OF THOSE
LEGALLY OBTAINED A: Whether the affidavit filed in support of the
ART. 129 application for search warrant has been drawn in
such a manner that perjury could be charged thereon
Q: What are the punishable acts under this article? and the affiant could be held liable for damages
caused (Alvarez v. Court, et al 64 Phil 33).
A:
1. Procuring a search warrant without just cause. Q: What is the consequence of evidence obtained,
Elements: using a search warrant that is issued without just
a. That the offender is a public officer or cause?
employee
b. That he procures a search warrant A: When papers and effects are obtained during
c. That there is no just cause unreasonable searches and seizures, or under a
search warrant issued without probable cause, or in
2. Exceeding his authority or by using unnecessary violation of the privacy of communications and
severity in executing a search warrant legally correspondence, the papers or effects obtained are
procured not admissible for any purpose in any proceeding
Elements: (Art. III, Sec. 2 and 3, 1987 Constitution)
a. That the offender is a public officer or
employee Q: What is the effect if the search warrant is secured
b. That he has legally procured a search through a false affidavit?
warrant
c. That he exceeds his authority or uses A: The crime punished by this article cannot be
unnecessary severity in executing the complexed but will be a separate crime from perjury,
same since the penalty herein provided shall be “in
addition” to the commission of any other offense,
Q: What is a search warrant? which in this case is perjury.
A: It is an order in writing, issued in the name of the SEARCHING DOMICILE WITHOUT WITNESSES
People of the Philippines, signed by a judge and ART. 130
directed to a peace officer, commanding him to
search for personal property described therein and Q: What are the elements of this crime?
bring it before the court.
A:
Q: What is the requisite for the issuance of search 1. Offender is a public officer or employee
warrant? 2. He is armed with search warrant legally procured
3. He searches the domicile, papers or other
A: A search warrant shall not issue except upon belongings of any person
probable cause in connection with one specific
offense to be determined personally by the judge Note: The papers or other belongings must be in the
after examination under oath or affirmation of the dwelling of the owner at the time the search is made.
complainant and the witnesses he may produce, and
particularly describing the place to be searched and 4. Owner or any member of his family, or two
the things to be seized which may be anywhere in the witnesses residing in the same locality are not
Philippines. (Sec. 4, Rule 126, Revised Rules of present.
Criminal Procedure)
Note: This article does not apply to searches of vehicles and
Note: A search warrant shall be valid for 10 days from its other means of transportation (Reyes 2008)
date. Thereafter, it shall be void.
Q: What is the order of those who must witness the
Q: When is a search warrant considered illegally search?
obtained?
A:
A: When a search warrant was procured without a 1. Homeowner
probable cause. 2. Members of the family of sufficient age and
discretion
3. Responsible members of the community Q: To be held liable under Art. 131, is it necessary
that the offender be a stranger to the meeting that
Note: Unlike in Art. 128 where the public officer is not has been interrupted and dissolved?
armed with a warrant, in crimes under Art. 129 and 130,
the search is made by virtue of a valid warrant, but the A: Yes. If the offender is a participant of the meeting,
warrant notwithstanding, the liability for the crime is still
he is liable for unjust vexation
incurred through the following situations:
1. The search warrant was irregularly obtained
2. The officer exceeded his authority under the Q: In requiring a permit before any meeting or
warrant assembly is held, can it be construed as preventing
3. The public officer employs unnecessary or peaceful assemblies?
excessive severity in the implementation of
the search warrant A: No, the permit requirement shall be in exercise
4. The owner of dwelling or any member of the only of the government’s regulatory powers and not
family was absent, or two witnesses residing really to prevent peaceful assemblies. This
within the same locality were not present
requirement is legal as long as it is not being
during the search
exercised as a prohibitory power.
Q: Suppose, X, a suspected pusher lives in a
Note: But if such application for permit is arbitrarily denied,
condominium unit. Agents of the PDEA obtained a or conditions which defeat the exercise of the right to
search warrant but the name of the person in the peaceably assemble is dictated by the officer, this article
search warrant did not tally with the address applies.
indicated therein. Eventually, X was found but in a
different address. X resisted but the agents insisted Q: What are the distinctions between Prohibition,
on the search. Drugs were found and seized and X Interruption, or Dissolution of Peaceful Meetings
was prosecuted and convicted by the trial court. Is under Art. 131 and Tumults and other Disturbances,
the search valid? under Art. 153?
A: If the crime is committed with violence or threats Q: While a “pabasa” was going on at a municipality
in the Province of Tarlac, Reyes and his company
OFFENDING THE RELIGIOUS FEELINGS arrived at the place, carrying bolos and crowbars,
ART. 133 and started to construct a barbed wire fence in front
of the chapel. The chairman of the committee in
Q: What are the elements of this crime? charge of the “pabasa” persuaded them to refrain
from said acts. A verbal altercation then ensued. The
A: people attending the “pabasa” left the place
1. Acts complained of were performed: hurriedly in confusion and the “pabasa” was
a. In a place devoted to religious worship (It is discontinued until after investigation. Reyes and his
not necessary that there is religious worship) company, in their defense claim that the land where
b. During the celebration of any religious the chapel is built belongs to the Clemente family, of
ceremony which they are partisans. Are the accused guilty of
2. Acts must be notoriously offensive to the feelings the crime under Art. 133?
of the faithful.
A: The SC held that Art. 133 of the RPC punishes acts
Note: Art. 133 is the only crime against the fundamental “notoriously offensive to the feelings of the faithful.”
law of the State that may be committed not only by public The construction of a fence even though irritating and
officer but also by a private person. vexatious under the circumstances to those present,
is not such an acts as can be designated as
Q: When is an act considered notoriously offensive? “notoriously offensive to the faithful.”
A: When the act is directed against religious practice In this case, the accused were acquitted of a violation
or dogma or ritual for the purpose of ridicule, as of Art. 133 of the RPC but they were found guilty of a
mocking or scoffing at or attempting to damage an violation of Art. 287 of the RPC for the circumstances
object of religious veneration (People v. Baes, 68 Phil showed that their acts were done in such a way as to
203). vex and annoy the parties who had gathered to
celebrate the “pabasa” (People v. Reyes, et al., G.R.
Note: There must be deliberate intent to hurt the feelings No. L-40577, August 23, 1934).
of the faithful, mere arrogance or rudeness is not enough.
“Other cruel, inhuman and degrading treatment or 11. Harmful exposure to the elements such as
punishment” refers to a deliberate and aggravated sunlight and extreme cold;
treatment or punishment not enumerated under 12. The use of plastic bag and other materials
Section 4 of this Act, inflicted by a person in authority placed over the head to the point of
or agent of a person in authority against a person asphyxiation;
under his/her custody, which attains a level of
severity causing suffering, gross humiliation or 13. The use of psychoactive drugs to change the
debasement to the latter. perception, memory. alertness or will of a
person, such as:
i. The administration or drugs to induce (a) Any person who actually participated or
confession and/or reduce mental induced another in the commission of
competency; or torture or other cruel, inhuman and
degrading treatment or punishment, or who
ii. The use of drugs to induce extreme pain
cooperated in the execution of the act of
or certain symptoms of a disease; and
torture or other cruel, inhuman and
14. Other analogous acts of physical torture. degrading treatment or punishment by
previous or simultaneous acts;
B. Mental/psychological torture refers to acts (b) Any superior military, police or law
calculated to affect or confuse the mind and/or enforcement officer or senior government
undermine a person’s dignity and morale, such as: official who issued an order to any lower
ranking personnel to commit torture for
1. Blindfolding; whatever purpose; and
2. Threatening a person(s) or his/her relative(s) (c) The immediate commanding officer of the
with bodily harm, execution or other unit concerned of the AFP or the immediate
wrongful acts; senior public official of the PNP and other
law enforcement agencies, if:
3. Confinement in solitary cells or secret
detention places;
i. By his act or omission, or negligence, he
4. Prolonged interrogation; has led, assisted, abetted or allowed,
whether directly or indirectly, the
5. Preparing a prisoner for a “show trial,”
commission of torture by his/her
public display or public humiliation of a
subordinates; or
detainee or prisoner;
ii. He/she has knowledge of or, owing to
6. Causing unscheduled transfer of a person
the circumstances at the time, should
deprived of liberty from one place to
have known that acts of torture or other
another, creating the belief that he/she will
cruel, inhuman and degrading treatment
be summarily executed;
or punishment will be committed, is
7. Maltreating a member/s of a person's being committed, or has been
family; committed by his/her subordinates or
by others within his/her area of
8. Causing the torture sessions to be witnessed
responsibility and, despite such
by the person’s family, relatives or any third
knowledge, did not take preventive or
party;
corrective action either before, during
9. Denial of sleep/rest; or immediately after its commission,
when he/she has the authority to
10. Shame infliction such as stripping the person
prevent or investigate allegations of
naked, parading him/her in public places,
torture or other cruel, inhuman and
shaving the victim’s head or putting marks
degrading treatment or punishment but
on his/her body against his/her will;
failed to prevent or investigate
11. Deliberately prohibiting the victim to allegations of such act, whether
communicate with any member of his/her deliberately or due to negligence.
family; and
12. Other analogous acts of 2. Any public officer or employee will be liable as an
mental/psychological torture. accessory if he/she has knowledge that torture or
other cruel, inhuman and degrading treatment or
punishment is being committed and without having
PERSONS LIABLE
participated in its commission, either as principal or
accomplice, takes part subsequent to its commission:
Q: Who are liable?
(a) By profiting from or assisting the offender to
A: profit from the effects of the act of torture
1. The following are liable as principals for the crime or other cruel, inhuman and degrading
of torture or other cruel or inhuman and degrading treatment or punishment; or
treatment or punishment:
A:
(a) To have an impartial investigation by the CHR
and other concerned government agencies such
as the Department of Justice (DOJ), the Public
Attorney's Office (PAO), the PNP, the National
Bureau of Investigation (NBI) and the AFP;
(b) To have the investigation of the torture
completed within a maximum period 60 working
days from the time a complaint for torture is
filed, and to have any appeal resolved within the
same period;
(c) To have sufficient government protection for
himself/herself and other persons involved in the
investigation/prosecution such as his/her lawyer,
witnesses and relatives, against all forms of
harassment, threat and/or intimidation as a
consequence of the filing of the complaint for
torture or the presentation of evidence for such
complaint;
(d) To be given sufficient protection in the manner
by which he/she testifies and presents evidence
in any forum to avoid further trauma; and
(e) To claim for compensation under Republic Act
No. 7309,* which in no case should be lower
than P10,000.00, and under other existing laws
and regulations.
CRIMES AGAINST PUBLIC ORDER Note: Killing, robbing, etc, for private purposes or profit
without any political motivation would be separately
punished and would not be absorbed in the rebellion
Q: What are political crimes? (People v. Geronimo et al., 100 Phil 90).
A: Those that are directly aimed against the political Q: Is the ruling in Hernandez applicable even if the
order, as well as such common crimes as may be common crime committed is punishable by a special
committed to achieve a political purpose. The law?
decisive factor is the intent or motive.
A: Yes. All crimes, whether punishable under special a
REBELLION OR INSURRECTION or general law, which are mere components or
ART. 134 ingredients, or committed in furtherance thereof,
become absorbed in the crime or rebellion and
Q: What are the elements of Rebellion or cannot be isolated and charged as separate crimes
Insurrection themselves (Ponce Enrile v. Amin, G.R. No. 93335,
September 13, 1990).
A:
1. That there be : Q: As a result of the killing of SPO3 Jesus Lucilo, Elias
a. public uprising and Lovedioro was charged with and subsequently found
b. taking of arms against the Government. guilty of the crime of murder. On appeal, Lovedioro
2. Purpose of uprising or movement is either to: claims that he should have been charged with the
a. Remove from the allegiance to said crime of rebellion, not murder as, being a member
Government or its laws of the NPA, he killed Lucilo as a means to or in
i. The territory of the Philippines or any furtherance of subversive ends. The Solicitor
part thereof; or General, opposing appellant’s claim, avers that it is
ii. Any body of land, naval or other armed only when the defense had conclusively proven that
forces; the motive or intent for the killing of the policeman
b. Deprive the Chief Executive or Congress, was for "political and subversive ends" will the
wholly or partially, any of their powers or judgement of rebellion be proper. Between the
prerogatives appellant and the Solicitor General, who is correct?
Q: What is the essence of the crime of rebellion? A: The Solicitor General is correct. It is not enough
that the overt acts of rebellion are duly proven. Both
A: The essence of rebellion is public uprising and the purpose and overt acts are essential components of
taking of arms for the purpose of overthrowing the the crime. With either of these elements wanting, the
Government by force although it is not necessary that crime of rebellion legally does not exist. If no political
the rebels succeed in overthrowing the Government. motive is established and proved, the accused should
It is generally carried out by civilians. be convicted of the common crime and not of
rebellion. In cases of rebellion, motive relates to the
Note: If there is no public uprising, the crime is direct act, and mere membership in an organization
assault. dedicated to the furtherance of rebellion would not,
by and of itself, suffice (People v. Lovedioro, G.R. No.
Q: What is the nature of the crime of rebellion? 112235, 1995).
A: Rebellion is a crime of the masses. It requires a Q: For the killing of Redempto Manatad, a
multitude of people. It is a vast movement of men policeman and who was then in the performance of
and a complex network of intrigues and plots. his official duties, accused Rodrigo Dasig, a self-
confessed member of the sparrow unit, the
Q: Can rebellion be complexed with common liquidation squad of the NPA, was found guilty of
crimes? murder with direct assault. On appeal, he claims
that he should be convicted at most of simple
A: No. Being within the purview of “engaging in war” rebellion and not murder with direct assault. Is the
and “committing serious violence,” said resort to appeal meritorious?
arms, with the resulting impairment or destruction of
life and property, constitutes not two or more A: Yes, since the killing of Manatad is a mere
offense, but only one crime that of rebellion plain and component of rebellion or was done in furtherance
simple. (People v. Hernandez et al., 99 Phil 515) thereof. It is of judicial notice that the sparrow unit is
the liquidation squad of the New People's Army with REBELLION INSURRECTION
the objective of overthrowing the duly constituted The object of the The movement seeks
government. It is therefore not hard to comprehend movement is completely merely to effect some
that the killing of Pfc. Manatad was committed as a to overthrow and change of minor
means to or in furtherance of the subversive ends of supersede the existing importance, or to prevent
the NPA. Consequently, appellant is liable for the government. the exercise of
crime of rebellion, not murder with direct assault governmental authority
upon a person in authority, as the former crime with respect to particular
absorbs the crime of direct assault when done in matters or subjects.
furtherance thereof (People v. Dasig, et. al., G.R. No.
100231. April 28, 1993). Q: Explain the Theory of Absorption in Rebellion.
Q: On May 5, 1992, at about 6:00 a.m., while A: If common crimes like homicide, murder, physical
Governor Alegre of Laguna was on board his car injuries, and arson have been committed in
traveling along the National Highway of Laguna. furtherance of, in connection with rebellion, then it is
Joselito and Vicente shot him on the head resulting considered as absorbed in the crime of rebellion. But
in his instant death. At that time, Joselito and before these common crimes can be absorbed, it is
Vicente were members of the liquidation squad of necessary that there is evidence to show that these
the New People’s Army and they killed the governor common crimes has promoted or espoused the ideals
upon orders of their senior officer Commander of rebels. Absent this, it cannot be absorbed in the
Tiago. According to Joselito and Vicente, they were crime of rebellion.
ordered to kill Governor Alegre because of his
corrupt practices. If you were the prosecutor, what COUP D’ETAT
crime will you charge Joselito and Vicente? (1998 ART. 134-A
Bar Question)
Q: What are the elements of this crime?
A: If I were the prosecutor, I would charge Joselito
and Vicente with the crime of rebellion, considering
A:
that they were members of the liquidation squad of
1. Offender is a person or persons belonging to the
the New People's Army and the killing was upon
military or police or holding any public office or
orders of their commander; hence, politically-
employment.
motivated (People v. Avila, 207 SCRA 1568).
2. There be a swift attack accompanied by violence,
intimidation, threat, strategy or stealth;
Q: What are the distinctions between rebellion and
3. The purpose of the attack is seize or diminish
treason?
State power;
4. The attack is directed against duly constituted
A:
authorities of the Republic of the Philippines, or
REBELLION TREASON
any military camp or installation, communication
The uprising is against The levying of war is
networks, public utilities or other facilities
the government. done to aid the enemy.
needed for the exercise and continued
possession of power.
The purpose is to The purpose is to deliver
substitute the existing the government to the
Q: What is the essence of the crime of coup d’etat?
government with enemy.
another.
A: The essence of the crime is a swift attack upon the
facilities of the Philippine government, military camps
Note: Mere giving of aid or comfort is not criminal in cases and installations, communication networks, public
of rebellion. There must be an actual participation. Hence, utilities and facilities essential to the continued
mere silence or omission of the public officer is not possession of governmental powers.
punishable in rebellion.
Q: What is the objective of coup d’etat?
Q: What is the difference between rebellion and
insurrection? A: The objective of coup d’etat is to destabilize or
paralyze the government through the seizure of
A: facilities and utilities essential to the continued
possession and exercise of governmental powers.
Q: Who are the principal offenders of coup d’etat? c. Any person not in the government service
who participates, supports, finances, abets,
A: The principal offenders are members of the AFP or or aids in undertaking a coup d’etat.
of the PNP organization or a public officer with or
without civilian support. Note: In cases of rebellion, the public officer must take
active part to be liable. Mere silence or omission is not one
Q: Distinguish coup d’etat from rebellion. of those acts constituting the crime of rebellion (U.S. v.
Ravidas, 4 Phil. 273).
A:
Q: If the attack is quelled but the leader is unknown,
COUP D’ETAT REBELLION
who shall be deemed the leader thereof? (2002 Bar
Essence is a swift attack Essence of the crime is
Question)
against the government, public uprising and
its military camp or taking up arms against
A: The leader being unknown, any person who in fact
installations, the government.
directed the others, spoke for them, signed receipts
communication network
and other documents issued in their name, or
and public facilities and
performed similar acts, on behalf of the rebels shall
utilities essential to the
be deemed the leader of such rebellion, insurrection
continued exercise of
or coup d'etat.
governmental powers.
May be carried out singly Requires a public Q: How is the crime of coup d’etat committed?
or simultaneously. uprising, or multitude of (2012 Bar Question)
people.
Principal offenders must Offenders need not be A: When a person holding public employment
be members of the uniformed personnel of undertakes a swift attack, accompanied by strategy
military, national police or the military or the or stealth, directed against public utilities or other
public officer, with or police. facilities needed for the exercise and continued
without civilian support. possession of power for the purpose of diminishing
state power.
The purpose is merely to The purpose is to
paralyze the existing overthrow the existing CONSPIRACY AND PROPOSAL TO COMMIT COUP
government. government. D’ETAT, REBELLION, OR INSURRECTION
ART. 136
PENALTY FOR REBELLION OR
INSURRECTION OR COUP D’ETAT Q: What are the crimes punished under this Article?
ART. 135
A:
Q: Who are the persons liable for rebellion, 1. Conspiracy to commit coup d’etat
insurrection or coup d’etat? 2. Proposal to commit coup d’etat
3. Conspiracy to commit rebellion or insurrection
A: 4. Proposal to commit rebellion or insurrection
1. Leader
a. Any person who promotes, maintains, or Q: When is there conspiracy to commit coup d’etat?
heads a rebellion or insurrection.
b. Any person who leads, directs, or commands A: When two or more persons belonging to the
others to undertake coup d’etat. military or police or holding any public office or
2. Participants employment come to an agreement to seize or
a. Any person who participates or executes the diminish State power through a swift attack
commands of others in rebellion, or accompanied by violence, intimidation, threat,
insurrection. strategy or stealth against duly constituted
b. Any person in the government service who authorities of the Republic of the Philippines, or any
participates, or executes directions or military camp or installation, communication
commands of others in undertaking a coup networks, public utilities or other facilities needed for
d’etat. the exercise and continued possession of power and
decide to commit it.
Q: When is there proposal to commit coup d’etat? Quirino administration. Is the accused guilty of
conspiracy to commit rebellion?
A: When the person belonging to the military or
police or holding any public office or employment A: No, as there was no evidence showing that those
who has decided to seize or diminish State power who heard his speeches there and then agreed to rise
through a swift attack accompanied by violence, up arms to overthrow the government. Accused was
intimidation, threat, strategy or stealth against duly merely a propagandist and indoctrinator of
constituted authorities of the Republic of the Communism, he was not a Communist conspiring to
Philippines, or any military camp or installation, commit the actual rebellion by the mere fact of his
communication networks, public utilities or other leadership of the CLO. (People v. Hernandez, G.R. No.
facilities needed for the exercise and continued L-6025, 1964)
possession of power proposes its execution to some
other person or persons. Q: VC, JG, and GG conspired to overthrow the
Philippine Government. VG was recognized as the
Q: When is there conspiracy to commit rebellion? titular head of the conspiracy. Several meetings
were held and the plan was finalized. JJ, bothered by
A: When two or more persons come to an agreement his conscience, confessed to Father Abraham that
to rise publicly and take arms against the government he, VG, JG and GG have conspired to overthrow the
for any of the purposes of rebellion and decide to government. Father Abraham did not report this
commit it. information to the proper authorities. Did Father
Abraham commit a crime? If so, what crime was
Q: When can there be proposal to commit rebellion? committed? What is his criminal liability? (1994 Bar
Question)
A: When the person who has decided to rise publicly
and take arms against the government for any of the A: No, Father Abraham did not commit a crime. His
purposes of rebellion proposes its execution to some failure to report such conspiracy is due to an
other person or persons. insuperable cause, one of the exempting
circumstances under Article 12 of the RPC, as under
Q: On account of the testimony of the prosecution’s our law, a priest cannot be compelled to disclose any
witness, the accused, together with some more or information received by him by reason of confession
less forty persons who were said to be conspiring to made to him under his professional capacity.
overthrow the Government, was heard to have said,
"What a life this is, so full of misery, constantly Note: In the case of U.S. v. Vergara (3 Phil. 43), the
increasing. When will our wretchedness end? When Supreme Court held that persons who may be held
will the authorities remedy it? What shall we do?" Is criminally liable under this Article are those who actually
conspired with each other, not those who learned and
there a conspiracy?
failed to report the same to the authorities.
Q: Can the public officer plead Art. 11 or 12? a. Prevent the promulgation or execution of
any law or the holding of any popular
A: Yes, i.e., insuperable cause. Disloyalty is an offense election;
by omission.
b. Prevent the National Government, or any
provincial or municipal government, or any
INCITING TO REBELLION OR INSURRECTION public officer thereof from freely exercising
ART. 138 its or his functions, or prevent the execution
of any administrative order;
Q: What are the elements of this crime?
c. Inflict any act of hate or revenge upon the
A: person or property of any public officer or
1. Offender does not take arms or is not in open employee;
hostility against the Government; d. Commit for any political or social end any act
2. He incites others to rise publicly and take arms of hate or revenge against private persons or
against the Government for any of the purposes any social class; and
of the rebellion; and
3. The inciting is done by means of speeches, e. Despoil, for any political or social end, any
proclamations, writings, emblems, banners or person, municipality or province, or the
other representations tending to the same end. National Government of all its property or
any part thereof.
Note: The act of inciting must have been intentionally
calculated to induce others to commit rebellion.
Q: What is the nature of this crime?
Q: Distinguish inciting to rebellion from proposal to
A: Sedition is a violation of the public peace or at
commit rebellion.
least such a course of measures as evidently
engenders it, yet it does not aim at direct and open
A: violence against the laws, or the subversion of the
PROPOSAL TO COMMIT Constitution. It is an offense not directed primarily
INCITING TO REBELLION
REBELLION against individuals but to the general public peace; it
It is not required that the The person who is the raising of commotions or disturbances in the
offender has decided to proposes has decided to State, a revolt against legitimate authority (People v.
commit rebellion. commit rebellion. Perez, G.R. No. L-21049, 1923).
The act of inciting is done The person who
publicly. proposes the execution Q: Does the crime of sedition contemplate rising up
of the crime uses secret of arms against government?
means.
A: No, the purpose of the offenders in rising publicly
Note: The crime of rebellion should not, however, be is merely to create commotion and disturbance by
committed by the persons incited or to whom it is
way of protest to express their dissent and
proposed. Otherwise, the person inciting or who proposed
the commission thereof becomes a principal by inducement
disobedience to the government or to the authorities
in the crime of rebellion. concerned.
Q: What are the elements of this crime? Q: Define “tumultuous” for purpose of this Article.
3. The offenders employ any of those means to Q: Upon the opening of the session of the municipal
attain any of the following objects or purposes: council of San Carlos, Occidental Negros, a large
number of the town residents assembled near the
A: No. The accused is guilty of sedition, multiple A: If the purpose of the offenders is to attain the
murder and physical injuries, among others. The objects of sedition by force or violence, but there is
purpose of the raid and the act of the raiders in rising no public uprising, the crime committed is direct
publicly and taking up arms was not exactly against assault.
the Government and for the purpose of doing the
things defined in Article 134 of the Revised Penal PENALTY FOR SEDITION
code under rebellion. The raiders did not even attack ART. 140
the Presidencia, the seat of local Government.
Rather, the object was to attain by means of force, Q: Who are liable for sedition, and what are the
intimidation, etc. one object, to wit, to inflict an act of corresponding penalties?
hate or revenge upon the person or property of a
public official, namely, Punzalan was then Mayor of A:
Tiaong. Under Article 139 of the same Code this was 1. The leader – prision mayor in its minimum period,
sufficient to constitute sedition (People v. Umali, et. fine not exceeding Php10,000
al., G.R. No. L-5803, 1954). 2. Other persons participating in the sedition –
prision correccional in its maximum period, fine
Q: What are the distinctions between sedition and not exceeding Php5,000
rebellion?
CONSPIRACY TO COMMIT SEDITION recommended a bad thing for the Filipinos, for he
ART. 141 has killed our independence." What crime did the
accused commit?
Q: Is there a crime of proposal to commit sedition?
A: The accused uttered seditious words, a violation of
A: None. Only conspiracy is punished and not Article 142 of the RPC. While criticism, no matter how
proposal to commit sedition. severe, must be permitted, one that has for its intent
and effect is seditious must not be tolerated. A
Q: When is there conspiracy to commit sedition? statement is seditious when it is tended to stir up the
people against the lawful authorities, one that will
A: When two or more persons come to an agreement disturb the peace of the community and the safety or
to rise publicly and tumultuously to attain any of the order of the Government, instigate others to cabal or
objects specified in Art. 139 and they decide to meet together for unlawful purposes, or suggests and
commit it incites rebellious conspiracies. All its various
tendencies can be ascribed to the statement of the
INCITING TO SEDITION accused (People v. Perez, G.R. No. L-21049, 1923).
ART. 142
Q: After having his picture taken as one lifeless
Alberto Reveniera, hanging by the end of a rope tied
Q: What are the different acts of inciting to sedition?
to a limb of a tree, accused Oscar Espuelas sent a
suicide note to several newspapers and weeklies,
A: They are:
which contain: “If someone asks to you why I
1. Inciting others to the accomplishment of any
committed suicide, tell them I did it because I was
of the acts which constitute sedition by
not pleased with the administration of Roxas; the
means of speeches, proclamations, writings,
government is infested with many Hitlers and
emblems, etc.
Mussolinis; teach our children to burn pictures of
2. Uttering seditious words or speeches which
Roxas.” What crime did the accused commit?
tend to disturb the public peace.
3. Writing, publishing, or circulating scurrilous
A: The letter is a scurrilous libel against the
libels against the Government or any of the
Government. Writings which tend to overthrow or
duly constituted authorities thereof, which
undermine the security of the government or to
tend to disturb the public peace.
weaken the confidence of the people in the
government are against the public peace, and are
Note: In inciting to sedition, the offender must not take
part in any public or tumultuous uprising. criminal not only because they tend to incite to a
breach of the peace but because they are conducive
Q: When are uttering seditious words/speeches and to the destruction of the very government itself. Such
writing, publishing or circulating scurrilous libels are regarded as seditious libels (Espuelas v. People,
punishable? G.R. No. L-2990, 1951).
A: Such are seditious when they: Q: What are the two rules relative to seditious
1. Tend to disturb or obstruct any lawful officer words?
in executing the functions of his office
2. Tend to instigate others to cabal and meet A: They are:
together for unlawful purposes 1. Clear and present danger rule: words must
3. Suggest or incite rebellious conspiracies or be of such nature that by uttering them
riots there is a danger of public uprising and that
4. Lead or tend to stir up the whole people such danger should be both clear and
against the lawful authorities or to disturb imminent
the peace of the community, the safety and 2. Dangerous tendency rule: if words used tend
order of the Government to create a danger of public uprising, then
those words could properly be subject of
Note: Scurrilous means low, vulgar, mean or foul. penal clause
Q: The accused was heard to have shouted a Note: It is the dangerous tendency rule that is generally
adopted in the Philippines with respect to sedition cases. It
number of times: "The Filipinos, like myself, must
is enough that the words used may tend to create danger of
use bolos for cutting off Wood's head for having
public uprising.
Q: What are some instances of inciting to sedition? provincial, city, or municipal council or board. Here,
the offender may be liable of unjust vexation under
A: They are: Art. 287 (People v. Calera, et.al, C.A. 45 O.G. 2576).
1. Meeting for the purpose of discussing hatred
against the government Note: The same act may be made the basis for contempt
2. Lambasting government officials to discredit since it is coercive in nature while the crime under this
the government. article is punitive.
1. Any meeting attended by armed persons for the Q: Who are persons liable for illegal assembly?
purpose of committing any of the crimes
punishable under the Code. A: They are:
1. Organizers or leaders of the meeting
Elements: 2. Persons merely present at the meeting
a. There is a meeting, a gathering or group of
persons, whether in a fixed placed or Q: Suppose the illegal purpose for the gathering is
moving. for the commission of a crime punishable under
b. The meeting is attended by armed persons. special laws, is illegal assembly committed?
c. The purpose of the meeting is to commit any
of the crimes punishable under the Code. A: No. If the unlawful purpose is a crime under a
special law, there is no illegal assembly. The crime
2. Any meeting in which the audience, whether committed would be illegal association.
armed or not, is incited to the commission of the
crime of treason, rebellion or insurrection, ILLEGAL ASSOCIATIONS
sedition or direct assault ART. 147
Meeting and the Act of forming or 1. Offender (a) makes an attack, (b) employs force,
attendance at such organizing and (c) makes a serious intimidation, or (d) makes a
meeting are the acts membership in the serious resistance.
punished. association are the acts 2. Person assaulted is a person in authority or his
punished. agent.
3. That at the time of the assault the person in
DIRECT ASSAULTS authority or his agent (a) is engaged in the
ART. 148 performance of official duties, or that he is
assaulted (b) on occasion of such performance
Q: How is direct assault committed? 4. The offender knows that the one he is assaulting
is a person in authority or his agent in the
A: There are two ways of committing the crime of exercise of his duties
direct assault: 5. There is no public uprising.
1. Without public uprising, by employing force
or intimidation for the attainment of any of Q: What does “on occasion of the performance of
the purposes enumerated in defining the official duties” mean?
crimes of rebellion and sedition.
2. Without public uprising, by attacking, by A: It means that the assault was made because or by
employing force or by seriously intimidating reason of the past performance of official duties even
or by seriously resisting any person in if at the very time of the assault no official duty was
authority or any of his agents, while engaged being discharged (Justo v. Court of Appeals, 99 Phil
in the performance of official duties, or on 453).
the occasion of such performance.
Note: In this form, there is a need to determine the reason
why a person in authority or his agent was attacked. If the
Q: What are the elements of the first form? attack was made by reason of the past performance of
official duties of the person in authority or his agent, the
A: accused is liable for direct assault. If the attack was made
1. Offender employs force or intimidation by reason of revenge, then the accused shall not be liable
2. The aim of the offender is to attain any of the under this article, but for physical injuries.
purposes of the crime of rebellion or any of the
objects of the crime of sedition If the attack was done while the person in authority
3. There is no public uprising or his agent is engaged in the actual performance of
official functions, the crime is always direct assault,
Q: As the town president failed to pay their salaries, whatever be the reason.
the defendant, accompanied by four armed men,
went to the house of the former and compelled him Q: What are considered as not in actual
by force to leave it and go to the Presidencia. He performance of official duties?
kept him there confined until the relatives of the
town president had raised enough money to pay A:
what was due them as salaries. What crime did the 1. When the person in authority or the agent of a
accused commit? person in authority exceeds his powers or acts
without authority
A: The facts constitute the crime of direct assault. 2. Unnecessary use of force or violence
There is no public uprising when the accused, 3. Descended to matters which are private in
accompanied by armed men, compelled by force the nature
town president to go with them to proceed to the
municipal building and detained him there. By reason Q: What are the two kinds of direct assault of the
of detaining the town president, he inflicted upon a second form?
public officer an act of hate or revenge. This is one of
the objects of sedition, which is essentially what the A: They are:
accused intended to attain (U.S. v. Dirain, G.R. No. 1. Simple assault, and
1948, 1905). 2. Qualified assault
Q: What are the elements of the second form? Q: How is direct assault qualified?
1. Assault is committed with a weapon; or Q: Who are deemed to be persons in authority and
2. The offender is a public officer or employee; agents of persons in authority? (2000 Bar Question)
or
3. Offender lays hands upon a person in A: Persons in authority are those directly vested with
authority. jurisdiction, whether as an individual or as a member
of some court or government corporation, board, or
Q: When is there no liability under Art. 148 for commission. Barrio captains and barangay chairmen
Direct Assault? are also deemed persons in authority.
heeding the advice of A, stabbed the latter at his Note: When any person comes to the aid of a person in
back twice when A turned his back to proceed to the authority, he is constituted as an agent of the person in
microphone to continue his speech. A fell to the authority. (Art. 152, as amended). If such person was the
one attacked, by employing violence against him of serious
ground and died. At the time of the incident A was
nature or character, the crime would be direct assault.
not armed. What crime was committed? (2000 Bar
Question)
DISOBEDIENCE TO SUMMONS ISSUED
A: The complex crime of direct assault with murder BY THE NATIONAL ASSEMBLY OR
was committed. Since A was stabbed at the back CONSTITUTIONAL COMMISSIONS
when he was not in a position to defend himself nor ART. 150
retaliate, there was treachery in the stabbing. Hence,
the death caused by such stabbing was murder. The Q: What are the acts punished as disobedience to
Barangay Captain was in the act of trying to pacify B the National Assembly (Congress) or Constitutional
who was making trouble in the dance hall when he Commission?
was stabbed to death. He was therefore killed while
in the performance of his duties. In the case of People A: They are:
v. Hecto (135 SCRA 113), the Supreme Court ruled 1. Refusing, without legal excuse, to obey
that "as the barangay captain, it was his duty to summons of the National Assembly, its
enforce the laws and ordinances within the barangay. special or standing committees and
If in the enforcement thereof, he incurs, the enmity subcommittees, the Constitutional
of his people who thereafter treacherously slew him, commissions and its committees,
the crime committed is murder with assault upon a subcommittees or divisions, or by any
person in authority” (People v. Dollantes, G.R. No. commission or committee chairman or
70639, 1987). member authorized to summon witnesses.
2. Refusing to be sworn or placed under
INDIRECT ASSAULTS affirmation while being before such
ART. 149 legislative or constitutional body or official.
3. Refusing to answer any legal inquiry or to
produce any books, papers, documents, or
Q: What are the elements of this crime?
records in his possession, when required by
them to do so in the exercise of their
A:
functions.
1. A person in authority or his agent is the victim of
4. Restraining another from attending as a
any of the forms of direct assault defined in Art.
witness in such legislative or constitutional
148.
body.
2. A person comes to the aid of such authority or
5. Inducing disobedience to a summons or
his agent.
refusal to be sworn by any such body or
3. That the offender makes use of force or
official.
intimidation upon such person coming to the aid
of the authority or his agent.
Note: This Article does not apply when the papers or
documents may be used in evidence against the owner
Q: To whom is the assault directed in the crime of thereof because it would be equivalent to compelling him
indirect assault? to be witness against himself (Uy Khaytin v. Villareal, 42
Phil. 886). The law only penalizes refusal without legal
A: The victim in the crime of indirect assault is not the excuse.
person in authority or his agent but the person who
comes to the aid of the agent of a person in Q: Who are the persons liable under Art. 150?
authority.
A: They are:
Q: What brings about the crime of indirect assault? 1. Any person who commits any of the above acts
2. Any person who:
A: As Art. 149 now stands, the crime of indirect a. Restrains another from attending as a
assault can only be committed if a private person witness
comes to the aid of agent of a person in authority, on b. Induces him to disobey a summons
the occasion of direct assault against the latter. c. Induces him to refuse to be sworn to such
body
A: The use of any kind or degree of force will give rise TUMULTS AND OTHER DISTURBANCES
to direct assault. OF PUBLIC DISORDER
ART. 153
Q: Suppose the offender did not use any force in
resisting a person in authority, what crime is Q: What are tumults and other disturbances of
committed? public order?
A: The following are persons in authority: 5. Burying with pomp the body of a person who has
1. Mayors been legally executed.
2. Division superintendent of school
3. Public and private school teachers Note: Burying with pomp the body of a person
contemplates an ostentatious display of a burial as if
4. Provincial Fiscal
the person legally executed is a hero.
5. Judges
6. Lawyers in actual performance of duties
Q: What is the essence of tumults and other
7. Sangguniang Bayan member
disturbances?
8. Barangay Chairman
9. Members of the Lupong Tagapamayapa
A: The essence of this crime is creating public
disorder. This crime is brought about by creating
Note: Items 7, 8, and 9 of the enumeration are added by
the LGC which expressly provides that said persons “shall serious disturbances in public places, public buildings,
be deemed as person(s) in authority in their jurisdictions.” and even in private places where public functions or
(Sec. 388) performances are being held.
Q: Who is an agent of a person in authority (APA)? Q: When is the disturbance of public order deemed
to be tumultuous? (2012 Bar Question)
A: Any person who by direct provision of law or by
election or by appointment by competent authority is A: The disturbance shall be deemed tumultuous if
charged with the: caused by more than three persons who are armed or
1. Maintenance of public order; and provided with means of violence.
2. Protection and security of life and property.
Q: What does outcry mean?
Note: Agents of persons in authority includes:
1. Barangay Kagawad A: Outcry means to shout subversive or provocative
2. Barangay Tanod words tending to stir up the people to obtain by
3. Barangay Councilman means of force or violence any of the objects of
4. Any person who comes to the aid of persons in
rebellion or sedition.
authority.
Q: What is the difference between making any Q: What are acts punished as unlawful use of means
outcry tending to incite sedition or rebellion (Art. of publication and unlawful utterances?
153, par. 3) and inciting to rebellion or sedition? A: They are:
1. Publishing or causing to be published, by means
A: of printing, lithography or any other means of
MAKING ANY OUTCRY publication, as news any false news which may
INCITING TO SEDITION
TENDING TO INCITE endanger the public order, or cause damage to
OR REBELLION
SEDITION OR REBELLION the interest or credit of the State.
The meeting at the The meeting from the
2. Encouraging disobedience to the law or to the
outset was legal, and beginning was unlawful.
constituted authorities or by praising, justifying
became a public disorder or extolling any act punished by law, by the same
only because of such
means or by words, utterances or speeches.
outcry.
3. Maliciously publishing or causing to be published
The outbursts which by The words uttered are any official resolution or document without
nature may tend to incite deliberately calculated proper authority, or before they have been
rebellion or sedition are with malice,
published officially.
spontaneous. aforethought to incite
others to rebellion or 4. Printing, publishing or distributing books,
sedition. pamphlets, periodicals, or leaflets which do not
bear the real printer’s name, or which are
Q: Defendant Ladislao Bacolod fired a submachine classified as anonymous.
gun during the town fiesta which wounded one
Consorcia Pasinio. The Information was filed Note: R.A. 248 prohibits the reprinting reproduction,
charging him of the crime of serious physical injuries republication of government publications and official
thru reckless imprudence with the CFI of Cebu to documents without previous authority.
which the defendant pleaded guilty. On the same
date, he was arraigned in another case for having Q: Is damage to the State necessary for the charge
caused a public disturbance upon the same facts to prosper?
which constitute the same basis of the indictment
for serious physical injuries. Counsel for defendant A: No, mere possibility to cause danger or damage is
moved to quash the second Information invoking sufficient.
double jeopardy, which the trial court granted. Did
the trial court err? ALARMS AND SCANDALS
ART. 155
A: Yes, as there can be separate crimes of physical
injuries thru reckless imprudence and tumultuous Q: What are the acts punished as alarms and
disturbance caused by the single act of firing a scandals?
submachine gun. The protection against double
jeopardy is only for the same offense. While both A: They are:
Informations have one common element, i.e. 1. Discharging any firearm, rocket, firecracker, or
defendant having fired a submachine gun, the two do other explosive within any town or public place,
not describe the same offense: one charged him with calculated to cause (which produces) alarm or
physical injuries inflicted thru reckless imprudence danger.
punished under Art. 263 of the RPC and the second
accuses him of having deliberately fired the machine Note: The discharge may be in one’s home since the
gun to cause a disturbance in the festivity or law does not distinguish as to where in town. The
gathering, thereby producing panic among the people discharge of firearms and rockets during town fiestas
present therein, referring to Art. 153. Conviction for and festivals are not covered by the law.
the first does not bar trial for the second (People v.
Bacolod, G.R. No. L-2578, 1951). 3. Instigating or taking an active part in any
charivari or other disorderly meeting offensive to
UNLAWFUL USE OF MEANS OF PUBLICATION AND another or prejudicial to public tranquility.
UNLAWFUL UTTERANCES
Note: The term “charivari” includes a medley of
ART. 154
discordant voices, a mock of serenade of discordant
A: No. The person confined may also be a mere Q: What is the difference between delivering the
detention prisoner. prisoners in jail and infidelity in the custody of
Q: Who may be the offender/s? prisoners?
A: A:
1. Usually, an outsider to the jail DELIVERING INFIDELITY IN THE
PRISIONERS FROM JAIL CUSTODY OF PRISONERS
2. It may also be:
The offender is not the The offender is the
a. An employee of the penal establishment custodian of the custodian at the time of
who does not have the custody of the prisoner at the time of the escape/removal
prisoner the escape/removal
b. A prisoner who helps the escape of another
Note: In both, the offender may be a public officer or a
prisoner.
private citizen. In both crimes, the person involved may be
a convict or a mere detention prisoner.
Q: What must the means employed by the offender
be for him to be liable under this provision? Q: Can a person charged with delivery or infidelity in
the custody of prisoners be charged under P.D. 1829
A: The offender may use violence, intimidation or (Obstruction of Justice)?
bribery, in which case the penalty shall be higher. He
may also use other means to remove the prisoner A: No. P.D. 1829 is absorbed in the crime of delivery
from jail or help in the escape of such prisoner. of prisoners from jail or infidelity in the custody of
prisoners.
Q: What does the qualifying circumstance of bribery
under this Article contemplate? Q: What is the liability of the convicted prisoner who
escaped?
A: It refers to the offender’s act of employing bribery
as a means of removing or delivering the prisoner A: He is liable for the crime of evasion of service
from jail, and not the offender’s act of receiving or under Art. 157.
agreeing to receive a bribe as a consideration for
committing the offense. EVASION BY ESCAPING DURING TERM OF SENTENCE
ART. 157
Q: What is the mitigating circumstance?
Q: What are the elements of this crime?
A: If it takes place outside the penal establishment by
taking the guards by surprise. A:
1. Offender is a convict by final judgment.
Q: A, a detention prisoner, was taken to a hospital 2. He is serving his sentence which consists in
for emergency medical treatment. His followers, all deprivation of liberty.
of whom were armed, went to the hospital to take 3. He evades the service of his sentence by escaping
him away or help him escape. The prison guards, during the term of his sentence.
seeing that they were outnumbered and that
resistance would endanger the lives of other Q: Define “final judgment” as used in this Article.
patients, deckled to allow the prisoner to be taken
by his followers. What crime, if any, was committed A: The term “final judgment” employed in the RPC
by A's followers? Why? (2002 Bar Question) means judgment beyond recall. As long as a judgment
has not become executory, it cannot be truthfully
A: They are liable for delivering prisoner from jail said that defendant is definitely guilty of the felony
under Art. 156 of the RPC. The crime is not only charged against him (People v. Bayotas, G.R. No.
committed by removing the prisoner from an 152007, 1994). Further, Sec. 7 of Rule 16 of the Rules
establishment that the prisoner is confined in but also of Court likewise states that a judgment in a criminal
by helping said person to escape “by other means,” case becomes final after the lapse of the period for
such as by allowing the prisoner to be taken by those perfecting an appeal or when the sentence has been
unauthorized to do so, such as in the case at bar. partially or totally satisfied or served, or the
defendant has expressly waived in writing his right to
appeal (Reyes, 2008 ed., p. 839).
Q: Suppose the one who escaped is only a detention 157, as the concept of evasion of sentence is readily
prisoner, what is his liability? provided for in this Article. To come within the
application of Art. 157, the culprit must evade one’s
A: He does not incur liability from escaping. However, service of sentence by escaping during the term of his
if such prisoner knows of the plot to remove him sentence. This must be so for by the express terms of
from jail and cooperates therein by escaping, he the statute, a convict evades "service of his sentence"
himself becomes liable for delivering prisoners from by "escaping during the term of his imprisonment by
jail as a principal by indispensable cooperation. reason of final judgment." Indeed, evasion of
sentence is but another expression of the term "jail
Q: On appeal, defendant-appellant questions the breaking” (Tanega v. Masakayan, G.R. No. 141718,
judgment rendered by the CFI of Manila finding him 2005).
guilty of evasion of service of sentence under Art.
157. Defendant maintains that Art. 157 apply only in Q: What circumstances will qualify this offense?
cases of imprisonment and not when the sentence
imposed upon was “destierro,” as in his case. Is the A: If such evasion takes place by:
defendant correct? 1. Means of unlawful entry (must be read as
“scaling/ climbing walls”);
A: No, the defendant is not correct. Art. 157 must be 2. Breaking doors, windows, gates, walls, roofs
understood to include not only deprivation of liberty or floors;
by imprisonment but also by sentence of destierro. In 3. Using picklocks, false keys, disguise, deceit,
the case of People v. Samonte (57 Phil. 968), the violence or intimidation; or
Supreme Court held that "a person under sentence of 4. Conniving with other convicts or employees
destierro is suffering deprivation of his liberty.” And a of the penal institution.
person sentenced to suffer such penalty evades his
service of sentence when he enters the prohibited Q: Manny killed his wife under exceptional
area specified in the judgment of conviction (People circumstances and was sentenced by the RTC of
v. Abilong, G.R. No. L-1960, 1948). Dagupan City to suffer the penalty of destierro
during which he was not to enter the city. While
Q: Define “escape” for purposes of applying Art. serving sentence, Manny went to Dagupan City to
157. visit his mother. Later, he was arrested in Manila.
Where should Manny be prosecuted? (1998 Bar
A: "Escape" in legal parlance and for purposes of Question)
Article 157 of the RPC means unlawful departure of
prisoner from the limits of his custody. Clearly, one A: Manny may be prosecuted in Manila or Dagupan
who has not been committed and never brought to City. In the case of Parulan v. Director of Prisons (L-
prison cannot be said to have escaped therefrom (Del 28519, 1968), the Court held that the crime of
Castillo v. Torrecampo, G.R. No. 139033, 2002). evasion of sentence under Article 157 of the Revised
Penal Code is a continuing crime. Hence, the accused
Q: Petitioner Adelaida Tanega failed to appear on may be prosecuted by the court of either province
the day of the execution of her sentence. On the where any of the essential ingredients of the crime
same day, respondent judge issued a warrant for her took place has.
arrest. She was never arrested. More than a year
later, petitioner through counsel moved to quash EVASION ON THE OCCASION OF DISORDERS
the warrant of arrest, on the ground that the ART. 158
penalty had prescribed. Petitioner claimed that she
was convicted for a light offense and since light Q: What are the elements of this crime?
offenses prescribe in one year, her penalty had
already prescribed. Is the motion meritorious? A:
1. Offender is a convict by final judgment who is
A: No, the penalty has not prescribed as she did not confined in a penal institution.
evade her service of sentence. For purpose of 2. There is disorder, which results from:
prescription of penalties, Art. 93 of the Revised Penal a. Conflagration
Code, which provides that the prescription of b. Earthquake
penalties “shall commence to run from the date c. Explosion
when the culprit should evade the service of his d. Other similar catastrophe, or
sentence,” must be understood in the light of Art. e. Mutiny in which he has not participated.
3. Offender evades the service of his sentence by conviction becomes final (a) when no appeal is
leaving the penal institution where he is confined seasonably perfected, (b) when the accused
on the occasion of such disorder or during the commences to serve the sentence, (c) when the right
mutiny. to appeal is expressly waived in writing, except where
4. Offender fails to give himself up to the the death penalty was imposed by the trial court, and
authorities within forty-eight (48) hours following (d) when the accused applies for probation, thereby
the issuance of a proclamation by the Chief waiving his right to appeal. Where the judgment of
Executive announcing the passing away of such conviction is still pending appeal and has not yet
calamity. therefore attained finality, executive clemency may
not yet be granted by the President (People v. Salle,
Q: What is the basis of liability under Art. 158? Jr. G.R. No. 103567 December 4, 1995).
A: Liability is based on the failure to return within 48 Q: What is the basis of the power of the President to
hours after the passing of the calamity, conflagration grant pardon?
or mutiny had been announced and not the leaving
from the penal establishment. A: The pardoning power of the President is provided
for in Article VII as follows: “Except in cases of
Q: What does “mutiny” in this Article refer to? impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves,
A: The mutiny referred here involves subordinate commutations, and pardons, and remit fines and
personnel rising against the supervisor within the forfeitures, after conviction by final judgment” (Sec.
penal establishment. It is one of the causes which 19, Art. VII of the 1987 Constitution).
may authorize a convict serving sentence in the
penitentiary to leave the jail provided he has not As provided further in Sec. 64[i] of the Revised
taken part in the mutiny. If one partakes in mutiny, Administrative Code, the President has the power “to
he will be liable for the offenses which he committed grant to convicted persons reprieves or pardons,
during the mutiny whether or not he returns (People either plenary or partial, conditional, or
v. Padilla, G. R. No. 121917, 1997). unconditional; to suspend sentences without pardon,
remit fines, and order the discharge of any convicted
Note: The penalty of commission of this felony is an person upon parole, subject to such conditions as he
increase by 1/5 of the time remaining to be served under may impose; and to authorize the arrest and
the original sentence, in no case to exceed 6 months. reincarceration of any such person who, in his
judgment, shall fail to comply with the condition, or
The special allowance for loyalty (e.g. deduction of
conditions of his pardon, parole, or suspension of
sentence) authorized by Art. 98 and 158(2) refers to those
sentence.”
convicts, who having evaded the service of their sentences
by leaving the penal institution, give themselves up within
48 hours. They will be entitled to a deduction of 1/5 of their Q: While serving his sentence for the crime of
respective sentences. abduction after being found guilty thereof by the CFI
of Cavite, defendant-appellant was pardoned on
EVASION BY VIOLATION OF CONDITIONAL PARDON February 1923. Subsequently, he was tried for the
ART. 159 crime of attempted robbery in band with physical
injuries and also charged with a violation of the
Q: What are the elements of this crime? condition of his pardon with the CFI of Rizal. On
appeal, defendant claims that it is the CFI of Cavite
A: that has jurisdiction over the case. Is the defendant
1. Offender was a convict. correct?
2. That he was granted a conditional pardon by the
Chief Executive. A: No, because it is the court wherein the crime
3. He violated any of the conditions of such pardon. committed, subsequent to the pardon has jurisdiction
to determine whether the defendant has violated the
Q: Is a pardon granted before a judgment becomes conditions of the pardon. The proceeding under
final valid? Article 159 of the Revised Penal Code is not a
continuation or a part of the proceeding of the crime
A: No. As mandated by Sec. 19, Article VII of the 1987 previous to do the grant of pardon. It is a new
Constitution, no pardon may be extended before a proceeding, complete in itself and independent of the
judgment of conviction becomes final. A judgment of latter. It refers to other subsequent facts which the
law punishes as a distinct crime the penalty for which penalty of death by reason of the existence of
is not necessarily that remitted by the pardon (People special aggravating circumstance of quasi-
v. Martin, G.R. No. L-46432, 1939). recidivism. On automatic review by the Supreme
Court, the counsel of the defendants contends that
Note: The condition imposed upon the prisoner that he the allegation of quasi-recidivism in the Information
should not commit another crime, extends to offenses is ambiguous, as it fails to state whether the
punished by special laws, like illegal voting under the offenses for which the defendants were serving
Election Law (Reyes, citing People v. Corral, 74 Phil. 357).
sentence at the time of the commission of the crime
charged were penalized by the RPC, or by a special
Q: After serving 2 years, 5 months and 22 days of the law. Is the argument of the counsel correct?
total duration of his sentence of prision mayor, a
conditional pardon was granted to the appellant A: No, it makes no difference, for purposes of the
remitting 3 years, 7 months, and 8 days. effect quasi-recidivism, under Art. 160 of the Revised
Subsequently, appellant was found guilty of the Penal Code, whether the crime for which an accused
crime of estafa. By reason thereof, he was is serving sentence at the time of the commission of
prosecuted under Art. 159 to which he pled guilty. the offense charged, falls under said Code or under a
The court then ordered his recommitment for the special law (People v. Peralta, et. al., G.R. No. L-
term remitted by the pardon. The accused appealed 15959, 1961). It is only the subsequent crime
from this judgment. Is the appeal meritorious? committed which is required to be a felony under the
RPC.
A: Yes. By express provision of Art. 159 of the RPC,
the prescribed penalty is prision correccional in its Q: Defendant-appellant, while serving sentence for
minimum period. The second part of said Article, the crime of homicide, killed one Sabas Aseo, for
which provides that the convict shall suffer the which the CFI of Manila found him guilty with the
unexpired portion of his original sentence should the crime of murder, meting him the penalty of death.
penalty or term remitted be higher than six years, is On appeal to the Supreme Court, appellant contend
clearly inapplicable in this case as the term remitted that the CFI erred in applying Article 160 of the RPC
by the pardon is 3 years, 7 months, and 8 days as it is applicable only when the new crime which is
(People v. Sanares, G.R. No. L-43499, 1936). committed by a person already serving sentence is
different from the crime for which he is serving
Q: Distinguish violation of conditional pardon from sentence. Is the defendant correct?
evasion of service of sentence.
A: No. The new offense need not be different or be of
A: different character from that of the former offense.
VIOLATION OF EVASION OF SERVICE OF The deduction of the appellant from the head note of
CONDITIONAL PARDON SENTENCE Art. 160 of the word “another” is not called for. The
It is not a public offense It is a public offense language is plain and ambiguous. There is not the
for it does not cause harm separate and slightest intimation in the text of article 160 that said
or injury to the right of independent from any article applies only in cases where the new offense is
another person nor does other act. different in character from the former offense for
it disturb public order. which the defendant is serving the penalty. Hence,
even if he is serving sentence for homicide and was
QUASI-RECIDIVISM later found to be guilty of murder, Article 160 applies
ART. 160 (People v. Yabut, G.R. No. 39085, 1933).
Q: What are the elements of Art. 160? DECREE CODIFYING THE LAWS ON ILLEGAL /
UNLAWFUL POSSESSION, MANUFACTURE, DEALING
A: IN, ACQUISITION OR DISPOSITION, OF FIREARMS,
1. Offender was already convicted by final AMMUNITION OR EXPLOSIVES (P.D. 1866, AS
judgment of one offense. AMENDED BY R.A. 8294) AS AN ELEMENT OF THE
2. That he committed a new felony before CRIMES OF REBELLION, INSURRECTION, SEDITION,
beginning to serve such sentence or while OR ATTEMPTED COUP D’ETAT
serving the same.
Note: If the unlawful manufacture, sale, acquisition,
Q: The CFI of Rizal found the defendants guilty of the disposition or possession of firearms or ammunition or
crime of murder and imposed upon them the instruments used or intended to be used in the
manufacture of firearms or ammunition is in furtherance of
A: Terrorism is the premeditated or threatened use of 2. Accomplice in Terrorism – Any person who, not
violence or force or any other means that deliberately being a principal under Art. 17 of the RPC or a
causes harm to persons, or of force or other conspirator as defined in Sec. 4 of R.A. 9372,
destructive means against property or the cooperates in the execution of either the crime
environment, with the intention of creating or sowing of terrorism or conspiracy to commit terrorism
a state of danger, panic, fear, or chaos to the general by previous or simultaneous acts
public or segment thereof, or of coercing or
CRIMES AGAINST PUBLIC INTEREST 3. That he used counterfeit seal or forged signature
or stamp.
FORGERIES
Note: In using forged signature or stamp of the President,
or forged seal, the participation of the offender is in effect
Q: What are the crimes called forgeries? that of an accessory, and although the general rule is that
he should be punished by a penalty of two degrees lower,
A: They are: under this article he is punished by a penalty only one
1. Forging the seal of the Government, signature or degree lower.
stamp of the Chief Executive (Art. 161)
2. Using forged signature, seal or stamp (Art. 162) MAKING, IMPORTING AND UTTERING FALSE COINS
3. Counterfeiting coins (Art. 163) ART. 163
4. Mutilation of coins (Art. 164)
5. Forging treasury or bank notes or other Q: What are the elements?
documents payable to bearer (Art. 166)
6. Counterfeiting instruments not payable to bearer A:
(Art. 167) 1. That there be false or counterfeited coins.
7. Falsification of legislative documents (Art. 170) 2. That the offender either made, imported or
8. Falsification by public officer, employee or notary uttered such coins.
ecclesiastical minister (Art. 171) 3. That in case of uttering such false or
9. Falsification by private individuals (Art. 172) counterfeited coins, he connived with the
10. Falsification of wireless, cable, telegraph and counterfeiters or importers.
telephone messages (Art. 173)
11. Falsification of medical certificates, certificates of Q: What is a coin?
merit or service (Art. 174)
A: Coin is a piece of metal stamped with certain
COUNTERFEITING THE GREAT SEAL OF THE marks and made current at a certain value.
GOVERNMENT OF THE PHILIPPINE ISLANDS,
FORGING THE SIGNATURE OR STAMP Q: What are the acts of falsification or falsity?
OF THE CHIEF EXECUTIVE
ART. 161 A:
1. Counterfeiting – refers to money or currency;
Q: What are the punishable acts? 2. Forgery – refers to instruments of credit and
obligations and securities issued by the Philippine
A: government or any banking institution
1. Forging the Great Seal of the Government of the authorized by the Philippine government to issue
Philippines the same;
2. Forging the signature of the President 3. Falsification – can only be committed in respect
3. Forging the stamp of the President of documents.
A: Mutilation means to take off part of the metal 2. Actually uttering such false or mutilated coin,
either by filling it or substituting it for another metal knowing the same to be false or mutilated.
of inferior quality. Elements:
a. Actually uttering a false or mutilated
Q: What are the requisites of Mutilation? coin, and
b. Knowledge that such coin is false or accepted or not, with a representation, by words or
mutilated actions, that they are genuine and with an intent to
defraud.
Q: A Chinese merchant was paid by a purchaser of
goods in the former’s store with a false 50-centavo Q: What are the notes and other obligations and
coin. He placed it in his drawer. During a search by securities that may be forged or falsified?
some constabulary officers, the false coin was found
in the drawer. May the Chinaman be convicted of A:
illegal possession of false coin? 1. Treasury or bank notes,
2. Certificates, and
A: No, because Art. 165 requires three things as 3. Other obligations and securities, payable to
regards possession of false coins, namely: (1) bearer.
possession; (2) intent to utter; and (3) knowledge
that the coin is false. The fact that the Chinaman Q: What are the kinds of treasury or bank notes or
received it in payment of his good and place it in his other documents that may be forged?
drawer shows that he did not know that such coin
was false. (People v. Go Po, G.R. No. 42697, August A:
1985) 1. Obligation or security issued by the Government
of the Philippines
FORGING TREASURY OR BANK NOTES OR OTHER 2. Circulating note issued by any banking institution
DOCUMENTS PAYABLE TO BEARER; IMPORTING, duly authorized by law to issue the same
AND UTTERING SUCH FALSE OR FORGED NOTES AND 3. Document issued by a foreign government
DOCUMENTS; IMPORTING, AND UTTERING SUCH 4. Circulating note or bill issued by a foreign bank
FALSE OR FORGED NOTES AND DOCUMENTS duly authorized to issue the same
ART. 166
Note: The falsification of PNB checks is not forgery under
Art. 166, but falsification of commercial document under
Q: What are the acts punished?
Art.172 in connection with Art.171.
A:
Q: What is the difference between forgery and
1. Forging or falsification of treasury or bank notes
falsification?
or other documents payable to bearer
2. Importation of such false or forged obligations or
A:
notes
FORGERY FALSIFICATION
3. Uttering of such false or forged obligations or
notes in connivance with the forgers or importers Committed by giving to a Committed by erasing,
treasury or bank note or substituting,
Q: How is forging committed? any instrument payable counterfeiting, or
to the bearer or to order altering by any means,
A: Forging is committed by giving to a treasury or the appearance of true the figures, letters,
bank note or any instrument payable to bearer or to and genuine document. words, or signs
order the appearance of a true and genuine contained therein.
document.
COUNTERFEITING, IMPORTING AND UTTERING
Q: What is the meaning of importation of false or INSTRUMENTS NOT PAYABLE TO BEARER
forged obligations or notes? ART. 167
Q: What are the acts of forgery punished under Art. A: No. As held in People v. Digoro, possession of false
167? treasury or bank notes alone, without anything more,
is not a criminal offense. For it to constitute an
A: offense under Article 168 of the RPC, the possession
1. Forging instruments payable to order or must be with intent to use said false treasury or bank
documents of credit not payable to bearer notes (Martinez and Dino v. People, ibid.).
2. Importing such false instruments
3. Uttering such false instruments in connivance Note: But a person in possession of falsified document and
with the forger or the importer who makes use of the same is presumed to be the material
author of falsification.
Note: Connivance is not required in uttering if the utterer is
the forger. HOW FORGERY IS COMMITTED
ART. 169
Q: Does this article cover instruments or other
documents of credit issued by a foreign government Q: How is forgery committed?
or bank?
A:
A: Yes because the act punished includes that of 1. By giving to a treasury or bank note or any
importing, without specifying the country or instrument payable to bearer or to order
government issuing them. mentioned therein, the appearance of a true and
genuine document.
Q: What is the reason for punishing forgery? 2. By erasing, substituting, counterfeiting, or
altering by any means the figures, letters, words,
A: Forgery of currency is punished so as to maintain or sign contained therein.
the integrity of the currency and thus insure the
credit standing of the government and prevent the Q: What is the essence of forgery?
imposition on the public and the government of
worthless notes or obligations. A: The essence of forgery is giving a document the
appearance of a true and genuine document.
ILLEGAL POSSESSION AND USE OF FALSE
TREASURY OR BANK NOTES AND OTHER Q: A received a treasury warrant, a check issued by
INSTRUMENTS OF CREDIT the Government. It was originally made payable to
ART. 168 B, or his order. A wrote B’s name on the back of said
treasury warrant as if B had indorsed it, and then
Q: What are the elements of Illegal Possession and presented it for payment. It was paid to A. Was
use of false treasury or bank notes and other there forgery?
instruments of credit?
A: Yes, because when A wrote B’s name on the back
A: The elements of the crime charged for violation of of the treasury warrant which was originally made
said law are: payable to B or his order, he converted, by such
1. That any treasury or bank note or certificate or supposed indorsement, the treasury warrant to one
other obligation and security payable to bearer, payable to bearer. It had the effect of erasing the
or any instrument payable to order or other phrase “or his order” upon the face of the warrant.
document of credit not payable to bearer is There was material alteration on a genuine document
forged or falsified by another person; (US v. Solito, G.R. No. L-12546, August 25, 1917).
2. That the offender knows that any of the said
instruments is forged or falsified; and Q: When is counterfeiting not forgery?
3. That he either used or possessed with intent to
use any of such forged or falsified instruments A: The subject of forgery should be treasury or bank
(Martinez and Dino v. People, G.R. No. 194367, notes. If the subject of forgery were a document
June 15, 2011). other than these, the crime would be falsification.
(Boado, 2008)
Q: Is mere possession of false bank notes enough to
consummate the crime under Art. 168 of RPC which
is the illegal possession and use of false treasury or
bank notes and other instruments of credit?
A: It is any written instrument by which a right is Q: What are the five classes of falsification?
established or an obligation is extinguished, or every
deed or instrument executed by a person by which A:
some disposition or agreement is proved, evidenced 1. Falsification of legislative documents
or set forth. 2. Falsification of a document by a public officer,
employee or notary public
Q: What are the kinds of documents? 3. Falsification of public or official, or commercial
documents by a private individual
A: 4. Falsification of private document by any person
1. Public document – any instrument notarized by a 5. Falsification of wireless, telegraph and telephone
notary public or competent public official with messages
the solemnities required by law.
Q: How is document falsified?
EX:
a. Civil service examination papers A: A document is falsified by fabricating an inexistent
b. Official receipt required by the document or by changing the contents of an existing
government to be issued upon receipt one through any of the 8 ways enumerated under
of money for public purposes Art. 171.
c. Residence certificate
d. Driver’s license FALSIFICATION OF LEGISLATIVE DOCUMENTS
ART. 170
2. Official document – any instrument issued by the
government or its agents or officers having Q: What are the elements?
authority to do so and the offices, which in
accordance with their creation, they are A:
authorized to issue. 1. That there be a bill, resolution or ordinance
enacted or approved or pending approval by
EX: Register of attorneys officially kept by the either House of Legislature or any provincial
Clerk of the Supreme Court in which it is board or municipal council.
inscribed the name of each attorney admitted to 2. That the offender alters the same.
the practice of law. 3. That he has no proper authority therefor.
4. That the alteration has changed the meaning of
Note: Public document is broader than the term official the document.
document. Before a document may be considered official, it
must first be public document. To become an official Note: The act of falsification in legislative document is
document, there must be a law which requires a public limited to altering it which changes its meaning.
officer to issue or to render such document.
Q: Who may be the offender?
3. Private document – every deed or instrument by
a private person without the intervention of the A: The offender is any person who has no proper
notary public or of any other person legally authority to make the alteration. He may be a private
authorized, by which document some disposition individual or a public officer.
or agreement is proved, evidenced or set forth.
Note: The offender must not be a public official entrusted
4. Commercial document – any instrument with the custody or possession of such document,
executed in accordance with the Code of otherwise Art. 171 will apply.
Commerce of any mercantile law containing
disposition of commercial rights or obligations.
EX:
several chits, intentionally did not record in his ii. The falsified document is in Arts.
personal account most of the said chits and 171 or 172 (1 or 2)
destroyed them so that he could avoid paying iii. He introduced said document in
the amount thereof is guilty of falsification by evidence in a judicial proceeding
omission (People v. Dizon, 47 Phil 350)
Note: Damage is not necessary in the crime of
FALSIFICATION BY PRIVATE INDIVIDUALS AND USE introducing in judicial proceeding a false
document.
OF FALSIFIED DOCUMENTS
ART. 172
b. In use in any other transaction –
i. Offender knew that a document
Q: What are the punishable acts and their elements?
was falsified by another person
ii. The false document is embraced in
A:
Arts. 171 or 172 (1 or 2)
1. Falsification of public official or commercial
iii. He used such document
document by a private individual.
iv. The use caused damaged to
Elements:
another or at least used with intent
a. Offender is a private individual or public
to cause damage
officer or employee who did not take
advantage of his official position Note: The user of the falsified document is deemed the
b. He committed any act of falsification author of the falsification if: (1) the use was so closely
c. The falsification is committed in a connected in time with the falsification, and (2) the user
public, official, or commercial document had the capacity of falsifying the document.
or letter of exchange
Q: Is good faith a defense if a private individual
Note: Under this par., damage is not essential. It is falsified a public document?
presumed.
A: Yes. There is no falsification of a public document if
2. Falsification of private document by any person the acts of the accused are consistent with good
Elements: faith. Misstatements or erroneous assertion in a
a. Offender committed any of the acts of public document will not give rise to falsification as
falsification except Art. 171 (7), that is, long as he acted in good faith and no one was
issuing in an authenticated form a prejudiced by the alteration or error.
document purporting to be a copy of an
original document when no such original Q: Should the document be an authentic official
exists, or including in such a copy a paper?
statement contrary to, or different from
that of the genuine original A: No. It states that “causing it to appear that persons
b. Falsification was committed in any have participated in any act or proceeding when they
private document did not in fact participate,” the document need not
c. Falsification caused damage to a third be an authentic official paper since its simulation is
party or at least the falsification was the essence of falsification. So, also, the signatures
committed with intent to cause such appearing thereon need not necessarily be forged.
damage
Q: When is damage required under this Article?
Note: Mere falsification of private document is not
enough, two things are required:
A:
a. He must have counterfeited the false
document. 1. When a private document is falsified
b. He must have performed an independent act 2. When a falsified document is used in any
which operates to the prejudice of a third proceeding other than judicial
person.
Q: Is there a complex crime of estafa through
3. Use of falsified document. falsification of a private document?
Elements:
a. In introducing in a judicial proceeding – A: None. The fraudulent gain obtained through deceit
i. Offender knew that the document in estafa, in the commission of which a private
was falsified by another person document was falsified is nothing more or less than
the very damage caused by the falsification of such FALSIFICATION OF WIRELESS TELEGRAPH AND
document. The proper crime to be charged is estafa, TELEPHONE MESSAGES
if estafa can be committed without falsification, such ART. 173
as when a private document is falsified to conceal the
misappropriation of money in possession of the Q: What are the punishable acts?
offender, or when estafa was already consummated.
If estafa cannot be committed without falsification, A:
then the crime is falsification such as when the 1. Uttering fictitious wireless, telegraph or
private document is falsified to obtain the money telephone message.
which was later misappropriated. 2. Falsifying wireless, telegraph or telephone
message.
Q: What are the distinctions between falsification of Elements of par. 1 and 2:
public document and private document? a. That the offender is an officer or
employee of the Government or an
A: officer or employee of a private
FALSIFICATION OF FALSIFICATION OF corporation, engaged in the service of
PUBLIC DOCUMENT PRIVATE DOCUMENT sending or receiving wireless, cable or
Mere falsification is Aside from falsification, telephone message.
enough prejudice to a third b. That the offender commits any of the
person or intent to following acts:
cause it, is essential. i. Uttering fictitious wireless,
Can be complexed with There is no complex cable, telegraph or telephone
other crimes if the act of crime of estafa through message; or
falsification was the falsification of a private ii. Falsifying wireless, cable,
necessary means in the document. Hence, when telegraph, or telephone
commission of such one makes use of a message.
crimes, like estafa, theft, private document, which
or malversation. he falsified, to defraud 3. Using such falsified message.
another, there results Elements:
e.g. Malversation only one crime: that of a. Offender knew that wireless, cable,
through falsification of a falsification of a private telegraph, or telephone message was
public document; Estafa document. falsified by an officer or employee of a
through falsification of a private corporation, engaged in the
public document. service of sending or receiving wireless,
cable or telephone message
Q: Is there a falsification of private document b. He used such falsified dispatch
through reckless imprudence? c. The use resulted in the prejudice of a
third party or at least there was intent
A: No, since in falsification of private document, there to cause such prejudice
is at least intent to cause damage, there must be
malice, and falsification through imprudence implies Q: Can a private individual commit the crime of
lack of such intent or malice. There is no such crime falsification of telegraphic dispatches?
as falsification of private document through
negligence or reckless imprudence. A: It depends. A private individual cannot commit the
crime falsification of telegraphic dispatches by direct
Q: Is there such crime as attempted/frustrated participation, unless he is an employee of a
falsification? corporation engaged in the business of sending or
receiving wireless telegraph or telephone messages.
A: Generally none. Falsification is consummated the But a private individual can be held criminally liable
moment the genuine document is altered of the as principal by inducement in the falsification of
moment the false document is executed. However, telegraph dispatches or telephone messages. But if
there may be a frustrated crime of falsification if the he knowingly uses falsified telegraph, wireless or
falsification is imperfect (Reyes, 2008 citing Cuello telephone messages to the prejudice of a third
Calon). person, or with intent to cause such prejudice, it is
not necessary that he be connected with such
corporation.
FALSE MEDICAL CERTIFICATES, proceeding under Art. 172 is limited to those false
FALSE CERTIFICATES OF MERIT OR SERVICE documents embraced in Arts. 171 and 172. Such use of the
false certificates fall under Art. 175.
ART. 174
3. Falsification by a private person of any certificate Note: It is not necessary that the implements confiscated
falling within 1 and 2. form a complete set for counterfeiting, it being enough that
they may be employed by themselves or together with
Q: What is a certificate? other implements to commit the crime of counterfeiting or
falsification.
A: A certificate is any writing by which testimony is
given that a fact has or has not taken place. USURPATION OF AUTHORITY OR
OFFICIAL FUNCTIONS
Note: The phrase “or similar circumstances” in Art. 174 ART. 177
does not seem to cover property, because the circumstance
contemplated must be similar to “merit,” “service,” or Q: What are the offenses contemplated in Art. 177?
“good conduct.”
A:
Q: Who are the persons liable under this Article? 1. Usurpation of Authority – by knowingly and
falsely representing oneself to be an officer,
A: agent or representative of any department or
1. Physician or surgeon agency of the Philippine Government or any
2. Public officer foreign government.
3. Private individual who falsified a certificate
falling in the classes mentioned in nos. 1 and 2. Note: The mere act of knowingly and falsely
representing oneself to be an officer, etc. is sufficient.
USING FALSE CERTIFICATES It is not necessary that he performs an act pertaining
ART. 175 to a public officer.
Q: What are the elements of this crime? 2. Usurpation of Official Functions – by performing
any act pertaining to any person in authority or
A: public officer of the Philippine Government or of
1. A physician or surgeon had issued a false medical a foreign government or any agency thereof,
certificate, or public officer issued a false under pretense of official position, and without
certificate of merit or service, good conduct, or being lawfully entitled to do so.
similar circumstance, or a private person had
Note: It is essential that the offender should have
falsified any of said certificates
performed an act pertaining to a person in authority or
2. Offender knew that the certificate was false public officer, in addition to other requirements
3. He used the same (Reyes, 2008).
Note: When any of the false certificates mentioned in Art. Q: A councilor refused to vacate the office of the
174 is used in the judicial proceeding, Art. 172 does not
mayor despite an official opinion that it is the vice
apply, because the use of false document in judicial
mayor who should discharge the duties of the
mayor during the latter’s temporary absence. He b. Purpose is only to conceal his identity
was charged with usurpation of authority and (Reyes,2008)
official functions but contending that such crime
may only be committed by private individuals. Is he Q: What is a “fictitious name”?
correct?
A: Fictitious name is any other name which a person
A: No, Violation of Art. 177 is not restricted to private publicly applies to himself without authority of law.
individuals, public officials may also commit this (Id., citing U.S. v. To Lee Piu)
crime (People v. Hilvano, G.R. No. L-8583. July 31,
1956). Q: What are the distinctions between using fictitious
name and concealing true name?
Q: Does this provision apply to an occupant under
color of title? A:
CONCEALING TRUE
USE OF FICTITIOUS NAME
A: No. This would only apply to a usurper or one who NAME
introduces himself into an office that is vacant, or Element of publicity must Element of publicity is
who, without color of title, ousts the incumbent and be present. not necessary.
assumes to act as an officer by exercising some The purpose is either to The purpose is merely to
functions of the office (People v. Buenaflor). conceal a crime, to evade conceal identity.
the execution of a
Q: To whom does the authority or function usurped judgment, or to cause
pertain? damage.
A: The function or authority usurped must pertain to: ILLEGAL USE OF UNIFORM OR INSIGNIA
1. The government; ART. 179
2. Any person in authority; and
3. Any public officer
Q: What are the elements of Illegal Use of Insignia?
Note: Usurpation of the authority or functions of a
A:
diplomatic, consular or other accredited officers of a
foreign government is punishable under R.A. 75, in addition 1. Offender makes use of insignia, uniform or dress
to the penalties provided by the Code. (Regalado, 2007) 2. The insignia, uniform or dress pertains to an
office not held by the offender or to a class of
USING FICTITIOUS NAME AND persons of which he is not a member
CONCEALING TRUE NAME 3. Said insignia, uniform, or dress is used publicly
ART. 178 and improperly
Q: What are the three forms of false testimony? FALSE TESTIMONY FAVORABLE TO THE DEFENDANT
ART. 181
A: False testimony in:
1. Criminal Cases Q: What is essential in this crime?
2. Civil Cases
3. Other Cases A: Intent to favor the accused
Q: Can a false testimony be committed thru Note: False testimony in favor of a defendant need not
negligence? directly influence the decision of acquittal and it need not
benefit the defendant. The intent to favor defendant is
sufficient (People v. Reyes, C.A., 48 O.G. 1837).
A: No. False testimony requires a criminal intent and
cannot be committed thru negligence. It could not be
frustrated or attempted. Q: Is rectification made spontaneously after realizing
the mistake, a false testimony?
Q: What is the reason for punishing false testimony?
A: No.
A: Falsehood is always reprehensible; but it is
particularly odious when committed in a judicial Q: Can a defendant who falsely testified in his own
proceeding, as it constitutes an imposition upon the behalf in a criminal case be guilty of false testimony
court and seriously exposes it to a miscarriage of favorable to the defendant?
justice.
A: Yes. It must not be forgotten that the right of an
accused to testify in his own behalf is secured to him,
FALSE TESTIMONY AGAINST A DEFENDANT
not that he may be enabled to introduce false
ART. 180
testimony into the record, but to enable him to
spread upon the record the truth as to any matter
Q: What are the elements of false testimony against within his knowledge which will tend to establish his
a defendant? knowledge. Defendant is liable if he testifies in his
favor by falsely imputing the crime to another person
A: (U.S. v. Soliman, G.R. No. L-11555, January 6, 1917).
1. There is a criminal proceeding
2. Offender testifies falsely under oath against the Note: The ruling in Soliman would only apply if the
defendant therein defendant voluntarily goes upon the witness stand and
3. Offender who gives false testimony knows that it falsely imputes to some other person the commission of a
is false grave offense. If he merely denies the commission of the
4. Defendant against whom the false testimony is crime or his participation therein, he should not be
given is either acquitted or convicted in a final prosecuted for false testimony. (Reyes, 2008)
judgment
FALSE TESTIMONY IN CIVIL CASES
Note: Defendant must be sentenced to at least a ART. 182
correctional penalty or a fine or shall have been
acquitted. Thus, if arresto mayor is imposed, Art. 180 Q: What are the elements of this crime?
is not applicable.
A:
Q: Is there false testimony even if the testimony is 1. Testimony must be given in a civil case.
not considered by the court? 2. It must relate to the issues presented in said case
3. It must be false
4. It must be given by the defendant knowing the FALSE TESTIMONY IN OTHER CASES AND
same to be false PERJURY IN SOLEMN AFFIRMATION
5. It must be malicious and given with an intent to ART. 183
affect the issued presented in said case
Q: What is perjury?
Note: The criminal action of false testimony in civil cases
must be suspended when there is a pending determination
A: Perjury is the willful and corrupt assertion of
of the falsity or truthfulness of the subject testimonies in
the civil case (Ark Travel Express v. Judge Abrogar, 410
falsehood under oath or affirmation administered by
SCRA 148, 2003). authority of law on a material matter.
Q: Does the false testimony given to a special Note: Perjury committed in prosecutions under special
laws, special proceedings, or under Art. 180 where the
proceeding punishable under this article?
penalty is only arresto mayor and below, can be proceeded
against under this article. (Regalado, 2007)
A: No, Art. 182 applies only to ordinary or special civil
actions and supplementary or ancillary proceedings Q: How is perjury committed?
therein, and not to special proceedings which are
covered by Art. 183 (Regalado, 2007 citing U.S. v. A:
Gutierrez and People v. Hernandez) 1. Falsely testifying under oath
2. Making a false affidavit
Note: The basis of the penalty is the amount of the
controversy.
Q: What are the elements of perjury?
Q: What is the crime committed if false testimony
A:
was given in a special proceeding (i.e. probate
1. Accused made a statement under oath or
proceeding)?
executed an affidavit upon a material matter
2. Statement or affidavit was made before a
A: Perjury is committed if the false testimony is given
competent officer, authorized to receive and
in special proceedings.
administer oath
3. In that statement or affidavit, the accused made
Q: What is the effect on prescriptive period of the
a willful and deliberate assertion of a falsehood
classification of the false testimony as to whether it
4. Sworn statement or affidavit containing the
was given in favor or against the accused in a
falsity is required by law
criminal case?
Note: The statement need not actually be required . It is
A: The classification is significant in determining when sufficient that it was authorized by law to be made (People
the prescriptive period begins to run: v. Angangco, G.R. No. L-47693, October 12, 1943).
1. In Favor – right after the witness testified
falsely, the prescriptive period commences Note: The venue in perjury, if committed by falsely
to run because the basis of the penalty on testifying under oath, is the place where he testified. If
the false witness is the felony charged to the committed by making false affidavit, the venue is the place
accused regardless of whether the accused where the affidavit was notarized (Union Bank et al., vs.
was acquitted or convicted or the trial has People).
terminated.
Q: What is an oath?
2. Against – period will not begin to run as long
as the case has not been decided with A: Oath is any form of attestation by which a person
finality because the basis of the penalty on signifies that he is bound in conscience to perform an
the false witness is the sentence on the act faithfully and truthfully.
accused testified against it. When the
accused is acquitted, there is also a Q: What is Affidavit?
corresponding penalty on the false witness
for his false testimony. (Boado, 2008) A: A sworn statement in writing; a declaration in
writing, made upon oath before an authorized
magistrate or officer.
Q: Who is a competent person? while the one induced is liable as a principal by direct
participation.
A: a person who has a right to inquire into the
questions presented to him upon matters under his OFFERING FALSE TESTIMONY IN EVIDENCE
jurisdiction. ART. 184
Q: What is meant by “material matter?” Q: What are the elements of offering false testimony
in evidence?
A: Material matter means the main fact which is the
subject of the inquiry or any circumstance which A:
tends to prove that fact, or any fact or circumstance 1. Offender offered in evidence a false witness or
which tends to corroborate or strengthen the false testimony
testimony relative to the subject of inquiry, or which 2. He knew the witness or testimony was false
legitimately affects the credit of any witness who 3. Offer was made in a judicial or official proceeding
testifies (U.S. v. Estraña, G.R. No. 5751, September 6,
1910). Note: Art. 184 does not apply when the offender induced a
witness to testify falsely. It applies when the offender
Q: What is the test to determine the materiality of knowingly presented a false witness, and the latter testified
the matter? falsely. The one offering the testimony is liable under Art.
184 while the witness who testified is liable under Arts.
180-183 depending on the proceedings on which the
A: The test is not whether the evidence was proper to testimony was offered and for whose favor the false
be admitted but whether if admitted it could properly testimony was made.
influence the result of the trial.
Q: What is the penalty under this provision?
Q: What could be used as a defense?
A: Penalty is that for false testimony if committed in a
A: Good faith or lack of malice is a defense in perjury. judicial proceeding and the penalty is that for perjury
Mere assertion of falsehood is not enough to amount if committed in other official proceeding.
to perjury. The assertion must be deliberate and
willful. MACHINATIONS IN PUBLIC AUCTIONS
ART. 185
Q: What are the distinctions between perjury and
false testimony?
Q: What are the punishable acts and their elements?
A:
A:
PERJURY FALSE TESTIMONY
1. Soliciting any gift or promise as a consideration
Any willful and corrupt Given in the course of a
for refraining from taking part in any public
assertion of falsehood on judicial proceeding
auction.
material matter under
Elements:
oath and not given in a. There is a public auction
judicial proceedings
b. Offender solicits any gift or compromise
There is perjury even Contemplates actual trial from any of the bidders
during the preliminary c. Such gift or promise is the consideration
investigation. for his refraining from taking part in that
public auction
Q: What is subornation of perjury? d. Offender has the intent to cause the
reduction of the price of the thing
A: It is committed by a person who knowingly and auctioned
willfully procures another to swear falsely and he
witness suborned does testify under the Note: It is not required that the person making the
circumstances rendering him guilty of perjury. proposal actually refrains from taking part in any
auction.
Note: Subornation of perjury is not expressly penalized in
the RPC, but the person who induces another to commit a 2. Attempting to cause bidders to stay away from
perjury may be punished under Art. 183, in relation to Art. an auction by threats, gifts, promises or any
17, as a principal by inducement to the crime of perjury other artifice.
PUNISHABLE ACTS
Note: Any property possessed under any contract or
combination contemplated in this article shall be forfeited
Q: What are the punishable acts?
in favor of the Government.
Terrorism Financing Prevention and Suppression on the petition to freeze within 24 hours from
Act of 2012 filing of the petition.
15. Bribery (Arts. 210, 211 and 211-A, RPC) and
Corruption of Public Officers (Art. 212, RPC) Note: A person whose account has been frozen may file
16. Frauds and Illegal Exactions and Transactions a motion to lift the freeze order and the court must
(Arts. 213, 214, 215 and 216, RPC) resolve this motion before the expiration of the 20-day
original freeze order. No court shall issue a temporary
17. Malversation of Public Funds and Property (Arts.
restraining order or a writ of injunction against any
217 and 222, RPC)
freeze order, except the SC.
18. Forgeries and Counterfeiting (Arts. 163, 166, 167,
168, 169 and 176, RPC) 2. Authority to inquire into bank deposits – The
19. Violations of: AMLC may inquire into or examine any particular
a. Sec. 4 to 6 of the Anti-Trafficking in Persons Act deposit or investment with any banking institution
of 2003 upon order of any competent court in cases of
b. Sections 78 to 79 of Chapter IV, of the Revised violation of this Act, when it has been established
Forestry Code of the Philippines that there is probable cause that the deposits or
c. Sections 86 to 106 of Chapter VI, of the investments are related to an unlawful activity or
Philippine Fisheries Code of 1998 a monetary laundering offense under Sec.4,
d. Sections 101 to 107, and 110 of the Philippine except that no court order shall be required in
Mining Act of 1995 cases involving unlawful activities as defined in
e. Sec. 27(c), (e), (f), (g) and (i), of the Wildlife Sec. 3 (i) (1), (2) and (12).
Resources Conservation and Protection Act
f. Section 7(b) of the National Caves and Cave To ensure compliance with this Act, the BSP may
Resources Management Protection Act inquire into or examine any deposit of investment
g. the Anti-Carnapping Act of 2002 with any banking institution or non-bank financial
h. Sec. 1, 3 and 5 of the decree Codifying the Laws institution when the examination is made in the
on Illegal/Unlawful Possession, Manufacture, course of a periodic or special examination, in
Dealing In, Acquisition or Disposition of accordance with the rules of examination of the
Firearms, Ammunition or Explosives BSP. (Sec.11)
i. the Anti-Fencing Law
j. Sec. 6 of the Migrant Workers and Overseas
COVERED TRANSACTION
Filipinos Act of 1995
k. the Intellectual Property Code of the Philippines
l. Sec. 4 of the Anti-Photo and Video Voyeurism Q: What is a covered transaction?
Act of 2009
m. Sec. 4 of the Anti-Child Pornography Act of 2009 A: A covered transaction is a transaction in cash or
n. Secs. 5, 7, 8, 9, 10(c), (d) and (e), 11, 12 and 14 other equivalent monetary instrument involving a
of the Special Protection of Children Against total amount in excess of P500,000.00 within 1
Abuse, Exploitation and Discrimination banking day.
20. Fraudulent practices and other violations under
the Securities Regulation Code of 2000 SUSPICIOUS TRANSACTION
21. Felonies or offenses of a similar nature that are
punishable under the penal laws of other Q: What is a suspicious transaction?
countries.
A: Suspicious transactions are transactions with
Q: What are the provisional remedies that may be covered institutions, regardless of the amounts
availed of for the enforcement of AMLA? involved, where any of the following circumstances
exist:
A: 1. There is no underlying legal or trade obligation,
1. Freezing of monetary instrument or property – The purpose or economic justification;
CA, upon application ex parte by the AMLC and 2. The client is not properly identified;
after determination that probable cause exist that 3. The amount involved is not commensurate with
any monetary instrument or property is in any the business or financial capacity of the client;
way related to an unlawful activity, may issue a 4. Taking into account all known circumstances, it
freeze order which shall be effective immediately. may be perceived that the client’s transaction is
The freeze order shall be for a period of 20 days structured in order to avoid being the subject of
unless extended by the court. The court should act reporting requirements under the Act;
CRIMES RELATIVE TO OPIUM AND OTHER Controlled Precursors and Essential Chemicals
PROHIBITED DRUGS (Sec. 17)
15. Unnecessary Prescription of Dangerous Drugs
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (Sec. 18)
(R.A. 9165) WITH IMPLEMENTING 16. Unlawful Prescription of Dangerous Drugs (Sec.
RULES AND REGULATION 19)
3. That the buyer and seller were identified the drugs has no basis and is mere speculation. It is
(People v. Edgardo Fermin, G.R. No. 179344, the responsibility of the prosecution to prove the
August, 3, 2011). element of transport of dangerous drugs, namely,
that transportation had taken place, or that the
Q: What is crucial to the prosecution for illegal sale accused had moved the drugs some distance (San
of dangerous drugs? Juan y Cruz v. People, May 2011).
A: It is evidence of the transaction, as well as the MAINTENANCE OF A DEN, DIVE OR RESORT (SEC.6)
presentation in court of the corpus delicti (Reyes v.
People, G.R. No. 174980, August 31, 2011). Q: Who are liable?
practice including research, teaching and possession of it. (Castro v People, G.R. No. 193379, August
chemical analysis of dangerous drugs or such 15, 2011)
substances that are not intended for sale or for
any other purpose. (Sec.8) Q: What is the corpus delicti in the crime of illegal
possession of dangerous drugs?
Q: What is prima facie proof of manufacture?
A: The dangerous drug itself, constitutes the very
A: Mere presence of controlled precursor and corpus delicti of the offense and in sustaining a
essential chemical or lab equipment in the conviction under Republic Act No. 9165, the identity
clandestine laboratory. and integrity of the corpus delicti must definitely be
shown to have been preserved. This requirement
ILLEGAL CHEMICAL DIVERSION OF CONTROLLED necessarily arises from the illegal drug's unique
PRECURSORS AND ESSENTIAL CHEMICALS (SEC. 9) characteristic that renders it indistinct, not readily
identifiable, and easily open to tampering, alteration
Q: How is illegal chemical diversion committed? or substitution either by accident or otherwise. Thus,
to remove any doubt or uncertainty on the identity
A: The offender illegally diverts any controlled and integrity of the seized drug, evidence must
precursor and essential chemical by selling, definitely show that the illegal drug presented in
distributing, supplying or transporting legitimately court is the same illegal drug actually recovered from
imported, in transit, manufactured or procured the accused-appellant; otherwise, the prosecution for
controlled precursors and essential chemicals, in possession under R.A. 9165 fails (People v. Alcuizar,
diluted mixtures or in concentrated form to any G.R. No. 189980, April 6, 2011).
person or entity engaged in the manufacture of any
dangerous drug, and shall include packaging, Q: How can there be constructive possession under
repackaging, labeling, relabeling or concealment of R.A. 9165?
such transaction through fraud, destruction of
documents, fraudulent use of permits, A: While it is not necessary that the property to be
misdeclaration, use of front companies or mail fraud. searched or seized should be owned by the person
against whom the search warrant is issued, there
POSSESSION OF: A. DANGEROUS DRUGS (SEC. 11) must be sufficient showing that the property is under
B. EQUIPMENT, INSTRUMENT, APPARATUS AND appellant’s control or possession. Constructive
OTHER PARAPHERNALIA FOR DANGEROUS DRUGS possession exists when the drug is under the
(SEC. 12) C. DANGEROUS DRUGS DURING PARTIES, dominion and control of the accused or when he has
SOCIAL GATHERINGS OR MEETINGS (SEC. 13) D. the right to exercise dominion and control over the
EQUIPMENT, INSTRUMENT, APPARATUS AND place where it is found. The prosecution must prove
OTHER PARAPHERNALIA FOR DANGEROUS DRUGS that the accused had knowledge of the existence and
DURING PARTIES, SOCIAL GATHERINGS OR presence of the drugs in the place under his control
MEETINGS (SEC.14) and dominion and the character of the drugs (Del
Castillo v. People, G.R. No. 185128, January 30, 2012).
Q: What must be shown in prosecution of illegal
possession of dangerous drugs? Q: If an accused was caught in possession of shabu
and marijuana in one occasion, should he be
A: In the prosecution for illegal possession of charged with, and convicted of, one offense only?
dangerous drugs, it must be shown that:
1. The accused is in possession of an item or an A: Yes. The law do not address a case wherein an
object identified to be a prohibited or a individual is caught in possession of different kinds of
regulated drug; dangerous drugs. However, it is a well-known rule of
2. Such possession is not authorized by law; legal hermeneutics that penal or criminal laws are
and strictly construed against the State and liberally in
3. The accused freely and consciously favor of the accused. Thus, an accused may only be
possessed the said drug (People v. Vicente, convicted of a single offense of possession of
G.R. No. 186387, August, 31, 2011). dangerous drugs if he or she was caught in possession
of different kinds of dangerous drugs in a single
Note: The very act of throwing away the sachet, the occasion. If convicted, the higher penalty shall be
contents of which were later determined to imposed, which is still lighter if the accused is
be shabu, presupposes that accused-appellant had prior
convicted of two (2) offenses having two (2) separate
penalties. This interpretation is more in keeping with
the intention of the legislators as well as more CULTIVATION OR CULTURE OF PLANTS CLASSIFIED
favorable to the accused (David v. People, October AS DANGEROUS DRUGS OR ARE SOURCES THEREOF
2011). (SEC. 16)
Q: If Juan was caught in possession of any Q: What does cultivation mean in R.A. 9165?
equipment, instrument, apparatus and other
paraphernalia for Dangerous Drugs, what is his A: Cultivation is any act of knowingly planting,
offense? growing, raising, or permitting the planting, growing
or raising of any plant which is the source of a
A: Possession of equipment, instrument, apparatus dangerous drug.
and other paraphernalia for dangerous drugs is prima
facie evidence that the possessor has smoked, Note: The land or portions thereof and/or greenhouses on
consumed, administered to himself, injected, which any of said plants is cultivated or cultured shall be
ingested or used a dangerous drug and shall be confiscated and escheated in favor of the State, unless the
owner can prove that he has no knowledge of such
presumed to have violated Sec. 15 of this Act. (Sec.
cultivation or culture despite the exercise of due diligence
12)
on his part.
Q: Chuck and Kenneth were walking along Sampaloc MAINTENANCE AND KEEPING OF ORIGINAL
when they saw a group of policemen approaching RECORDS OF TRANSACTIONS ON DANGEROUS
them. Chuck immediately handed to Kenneth, the DRUGS AND/OR CONTROLLED PRECURSORS AND
sachet of shabu he was carrying inside his pocket. ESSENTIAL CHEMICALS (SEC.17)
The police saw Kenneth placing the shabu inside his
bag. If Kenneth was unaware that what was inside Q: Who are liable?
the sachet given to him was shabu, is he
nonetheless liable under the Dangerous Drugs Act? A: Any practitioner, manufacturer, wholesaler,
(2002 Bar Examination) importer, distributor, dealer or retailer who violates
or fails to comply with the maintenance and keeping
A: No, Kenneth will not be criminally liable because of the original records of transactions on any
he is unaware of the content of the sachet handed to dangerous drug and/or controlled precursor and
him by Chuck, and therefore, the criminal intent to essential chemical in accordance with Sec. 40 of this
possess the drug in violation of the Dangerous Drugs Act.
Act is absent. There would be no basis to impute
criminal liability to her in the absence of animus UNNECESSARY PRESCRIPTION OF DANGEROUS
possidendi. DRUGS (SEC. 18)
USE OF DANGEROUS DRUGS (SEC.15) Q: Who are liable?
Note: Use is any act of injecting, intravenously or
A: Any practitioner, who shall prescribe any
intramuscularly, of consuming, either by chewing, smoking,
sniffing, eating, swallowing, drinking or otherwise dangerous drug to any person whose physical or
introducing into the physiological system of the body, and physiological condition does not require the use or in
of the dangerous drugs. the dosage prescribed therein, as determined by the
Board in consultation with recognized competent
Q: What are the elements of this crime? experts who are authorized representatives of
professional organizations of practitioners,
A: particularly those who are involved in the care of
1. The accused was apprehended for the use of persons with severe pain.
dangerous drugs
2. He was found to be positive for use of any UNLAWFUL PRESCRIPTION OF DANGEROUS DRUGS
dangerous drugs (SEC. 19)
3. No other dangerous drug was found in his
possession. Q: Who are liable?
Note: Where the person tested is also found to have in his A: Any person, who, unless authorized by law, shall
possession any other dangerous drugs, s/he shall be make or issue a prescription or any other writing
prosecuted in accordance with Sec. 11, for illegal purporting to be a prescription for any dangerous
possession of dangerous drugs. drug.
Q: If any of the acts punishable under this Act is d. Any clandestine laboratory was concealed
committed by an alien, what additional penalty is with legitimate business operations.
imposed?
e. Any employment of a practitioner, chemical
engineer, public official or foreigner. (Sec. 8,
A: After service of sentence, he shall be deported
R.A. 9165)
immediately without further proceedings
6. In case the person uses a minor or a mentally
Q: What are the accessory penalties imposed? incapacitated individual to deliver equipment,
instrument, apparatus and other paraphernalia
A: Civil interdiction , suspension of political rights use for dangerous drugs. (Sec. 10, R.A. 9165)
such as the right to vote and be voted for
7. Any person found possessing any dangerous drug
during a party, or a social gathering or meeting,
Q: What are the aggravating circumstances which
or in the proximate company of at least two (2)
may be considered in prosecuting cases of
persons. (Sec. 13, R.A. 9165)
Dangerous Drugs?
8. Possession or having under his/her control any
A: equipment, instrument, apparatus and other
1. If the importation or bringing into the Philippines paraphernalia fit of intended for smoking,
of any dangerous drugs and/or controlled consuming, administering, injecting, ingesting or
precursor and essential chemicals was done introducing any dangerous drug into the body,
through the use of diplomatic passport, during parties, social gatherings or meetings, or
diplomatic facilities or any other means involving in the proximate company of at least 2 persons.
his/her official status intended to facilitate the (Sec. 14, R.A. 9165)
unlawful entry of the same. (Sec. 4, R.A. 9165)
2. The sale trading, administration, dispensation, Q: What is the nature of a buy-bust operation?
delivery, distribution or transportation of any
dangerous drug and/or controlled precursor and A: In People v. Sembrano citing People v. Agulay, this
essential chemical transpired within 100 meters Court held that a buy-bust operation is a form of
from the School. (Sec. 5, R.A. 9165) entrapment which in recent years has been accepted
as a valid and effective mode of apprehending drug
3. The drug pusher use minors or mentally
pushers. Moreover, in a buy-bust operation, the
incapacitated individuals as runners, couriers and
violator is caught in flagrante delicto and the police
messenger, or in any other capacity directly
officers conducting the same are not only authorized
connected to the dangerous drug and/or
but also duty-bound to apprehend the violator and
controlled precursor and essential chemical
consequently search him for anything that may have
trade. (Sec. 5, R.A. 9165)
been part of or used in the commission of the crime
4. The victim of the offense is a minor or mentally (People v. Cruz y Cruz, G.R. No. 187047, June 15,
incapacitated individual, or should a dangerous 2011).
drug and/or controlled precursor and essential
chemicals involved `in any offense be the Note: The delivery of the contraband to the poseur-buyer
proximate cause of death of a victim. (Sec. 5, R.A. and the receipt of the marked money consummate the buy-
9165) bust transaction between the entrapping officers and the
accused. The presentation in court of the corpus delicti —
5. In case the clandestine laboratory is undertaken the body or substance of the crime – establishes the fact
or established under the following that a crime has actually been committed (People v
circumstances: Edgardo Fermin, August, 2011).
a. Any phase of the manufacturing process was Q: What is the purpose of using ultra violet powder?
conducted in the presence or with the help
of minor/s A: The only purpose for treating with ultra-violet
b. Any phase of manufacturing process was powder the buy-bust money to be used in the actual
established or undertaken within 100 meters buy-bust operation is for identification, that is, to
of a residential, business, church or school determine if there was receipt of the buy-bust money
premises. by the accused in exchange for the illegal drugs he
was selling. (People v Islan, September 2011)
c. Any clandestine laboratory was secured or
protected with booby traps.
5. Cultivation or culture of plants which are b. About any violation of the offenses
sources of dangerous drugs. mentioned if committed by a drug syndicate,
or
Note: Where the offense of sale was not consummated, the c. Leading to the whereabouts, identities and
accused should not be prosecuted under mere possession, arrest of all or any of the members thereof
but under Sec. 26.
3. Willingly testifies against such persons as
Q: Can conspiracy be appreciated in case of described above
possession of dangerous drugs?
Provided, That the following conditions concur:
A: No. The crime of conspiracy to commit possession 1. The information and testimony are necessary for
of dangerous drugs does not exist. Simply put, the the conviction of the persons described above
circumstance of conspiracy is not appreciated in the 2. Such information and testimony are not yet in
crime of possession of dangerous drugs under Sec. the possession of the State
11, Article II of R.A. 9165 (Posiquit v. People, January 3. Such information and testimony can be
2012). corroborated on its material points
4. The informant or witness has not been previously
IMMUNITY FROM PROSECUTION convicted of a crime involving moral turpitude,
AND PUNISHMENT except when there is no other direct evidence
available for the State other than the information
Q: Who shall be exempt from prosecution and and testimony of said informant or witness
punishment under R.A. 9165? 5. The informant or witness shall strictly and
faithfully comply without delay, any condition or
A: Any person who: undertaking, reduced into writing, lawfully
1. Has violated Sec. 7 (Employees and Visitors of a imposed by the State as further consideration for
Den, Dive or Resort), Sec. 11 (Possession of the grant of immunity from prosecution and
Dangerous Drugs), Sec. 12 (Possession of punishment.
Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drug), Sec. 14 Note: Provided, further, That this immunity may be enjoyed
(Possession of Equipment, Instrument, Apparatus by such informant or witness who does not appear to be
and Other Paraphernalia for Dangerous Drugs most guilty for the offense with reference to which his/her
During Parties, Social Gatherings or Meetings), information or testimony were given: Provided, finally, That
Sec. 15 (Use of Dangerous Drugs), and Sec. 19 there is no direct evidence available for the State except for
(Unlawful Prescription of Dangerous Drugs), the information and testimony of the said informant or
witness.
Article II of R.A. 9165
the lesser offense concerning use of dangerous 2. The turnover of the illegal drug seized by the
drugs. Is he allowed to plea to a lesser offense? apprehending officer to the investigating officer;
3. The turnover by the investigating officer of the
A: No, Julian is not allowed to plead to a lesser illegal drug to the forensic chemist for laboratory
offense because plea bargaining is expressly examination; and
prohibited under the Comprehensive Dangerous Act 4. The turnover and submission of the marked
of 2002. (R.A. 9165, Sec. 23) illegal drug seized from the forensic chemist to
the court” (People v. Marcelino, G.R. No. 189325,
Q: May the Probation Law be availed by those June 15, 2011).
convicted for drug trafficking or pushing?
Q: What is the crucial stage in the chain of custody
A: Any person convicted for drug trafficking or under R.A. 9165?
pushing under this Act, regardless of the penalty
imposed by the Court, cannot avail of the privilege A: Crucial in proving chain of custody is the
granted by the Probation Law. marking of the seized drugs or other related items
immediately after they are seized from the accused.
CUSTODY AND DISPOSITION OF CONFISCATED, Marking after seizure is the starting point in the
SEIZED AND/OR SURRENDERED DANGEROUS DRUGS custodial link, thus, it is vital that the seized
(SEC. 21) contraband are immediately marked because
succeeding handlers of the specimens will use the
Q: Who shall take charge of confiscated, seized markings as reference. The marking of the evidence
and/or surrendered dangerous drugs? serves to separate the marked evidence from the
corpus of all other similar or related evidence from
A: The PDEA shall take charge and have custody of all the time they are seized from the accused until they
dangerous drugs, plant sources of dangerous drugs, are disposed of at the end of criminal proceedings,
controlled precursors and essential chemicals, as well obviating switching, "planting," or contamination of
as instruments/paraphernalia and/or laboratory evidence (People v. Mantalaba, G.R. No. 186227, July
equipment so confiscated, seized and/or 20, 2011).
surrendered, for proper disposition.
Q: What is the meaning of marking?
Q: How is chain of custody defined?
A: “Marking” means the placing by the apprehending
A: Dangerous Drugs Board Regulation No. 1, Series of officer or the poseur-buyer of his/her initials and
2002, which implements R.A. No. 9165, defines chain signature on the items seized. Long before Congress
of custody as “the duly recorded authorized passed R.A. No. 9165, this Court has consistently held
movements and custody of seized drugs or controlled that failure of the authorities to immediately mark
chemicals or plant sources of dangerous drugs or the seized drugs casts reasonable doubt on the
laboratory equipment of each stage, from the time of authenticity of the corpus delicti. Marking after
seizure/confiscation to receipt in the forensic seizure is the starting point in the custodial link;
laboratory to safekeeping to presentation in court for hence, it is vital that the seized contraband be
destruction” (People v. Dela Cruz, G.R. No. 176350, immediately marked because succeeding handlers of
August 10, 2011). the specimens will use the markings as reference
(People v Dela Cruz, G.R. No. 176350, August 10,
Note: Ideally, the custodial chain would include testimony 2011).
about every link in the chain or movements of the illegal
drug, from the moment of seizure until it is finally adduced Note: In Sanchez, the Court explained that consistency with
in evidence (Castro v. People, G.R. No. 193379, August 15, the chain of custody rule requires that the marking of the
2011). seized items be done:
1. In the presence of the apprehended violator, and
Q: What are the links that must be established in the 2. Immediately upon confiscation.
chain of custody in a buy-bust situation?
In People v. Manuel Resurreccion, 603 SCRA 510, it was
A: In People v. Kamad, the Court acknowledged that
ruled that “marking upon immediate confiscation” does not
the following links must be established in the chain of exclude the possibility that marking can be at the police
custody in a buy-bust situation: station or office of the apprehending team (People v. Dela
1. The seizure and marking, if practicable, of the Cruz, G.R. No. 176350, August 10, 2011).
illegal drug recovered from the accused by the
apprehending officer;
Q: In whose presence must the seized items be Q: Is there a need for everyone who came into
physically inventoried and photographed? contact with the seized drugs to testify in court?
A: In the presence of the accused or the person/s A: No. There is nothing in R.A. 9165 or in its
from whom such items were confiscated and/or implementing rules, which requires each and
seized, or his/her everyone who came into contact with the seized
1. Representative or counsel, drugs to testify in court. As long as the chain of
2. A representative from the media, and custody of the seized drug was clearly established to
3. The Department of Justice (DOJ), and have not been broken and the prosecution did not fail
4. Any elected public official who shall be to identify properly the drugs seized, it is not
required to sign the copies of the inventory indispensable that each and every person who came
and be given a copy thereof (Tibagong v into possession of the drugs should take the witness
People, G.R. No. 182178, August 15, 2011). stand (People v. Amansec, G.R. No. 186131,
December 14, 2011).
Q: In the crime of illegal possession of dangerous
drugs, is the failure of the policemen to make a Q: Pamela, a high school student, was caught using
physical inventory and to photograph the two shabu inside the campus of the school she is
plastic sachets containing shabu render the attending. Who shall have the authority to
confiscated items inadmissible in evidence? apprehend her?
A: No. In People v. Bralaan, it was ruled that non- A: All school heads, supervisors and teachers are
compliance by the apprehending/buy-bust team with deemed persons in authority and empowered to
Sec. 21 is not fatal as long as there is justifiable apprehend, arrest or cause the apprehension or
ground therefore, and as long as the integrity and the arrest of any person who shall violate any of the said
evidentiary value of the confiscated/seized items, are provisions of Article II of Dangerous Drugs Act,
properly preserved by the apprehending pursuant to Section 5, Rule 113 of the Rules of Court
officer/team. Its non-compliance will not render (Sec. 44, IRR R.A. 9165).
an accused’s arrest illegal or the items
seized/confiscated from him inadmissible. What is of Q: In what instances are the school heads,
utmost importance is the preservation of the integrity supervisors and teachers deemed to be persons in
and the evidentiary value of the seized items, as the authority in the apprehension, arrest or cause of
same would be utilized in the determination of the arrest of person violating the Act?
guilt or innocence of the accused (Imson v. People,
G.R. No. 193003, July 13, 2011). A: They shall be deemed persons in authority if they
are in the school or within its immediate vicinity, or
Note: In cases of dangerous drugs, what is important and even beyond such immediate vicinity if they are in
necessary is for the prosecution to prove with moral attendance at any school or class function in their
certainty “that the dangerous drug presented in court as official capacity as school heads, supervisors, and
evidence against the accused be the same item recovered
teachers (Sec. 44, IRR RA 9165).
from his possession” (People v. Bautista, G.R. No. 191266,
June 6, 2011).
Q: What are the duties of school heads, supervisors
Q: As a rule, non-compliance by the and teachers if they caught a person violating the
apprehending/buy-bust team with Sec. 21 of R.A. provisions of this Act?
9165 is not fatal as long as there is justifiable ground
therefor, and as long as the integrity and the A: The school heads, supervisors and teachers:
evidentiary value of the confiscated/seized items, 1. They shall effect the arrest of any person
are properly preserved by the apprehending violating Article II of the Act and turn over the
officer/team. When will this provision not apply? investigation of the case to the PDEA
2. They may summon the services of other law
A: If there were not merely trifling lapses in the enforcement agencies to arrest or cause the
handling of the evidence taken from the accused but apprehension or arrest of persons violating
the prosecution could not even establish what Article II of the Act
procedure was followed by the arresting team to 3. They shall be trained on arrest and other legal
ensure a proper chain of custody for the confiscated procedures relative to the conduct of arrest of
prohibited drug (People v. Ulat y Aguinaldo, G.R. No. violators of the Act along with student leaders
180504, October 5, 2011).
and Parents Teachers Association (PTA) officials; 2. DOLE and labor and employers’ groups shall also
and encourage drug-free policies and programs for
4. They shall refer the students or any other private companies with nine (9) workers or less.
violators found to be using dangerous drugs to
3. Any officer or employee found positive for use of
the proper agency/office (Sec 44, IRR RA 9165).
dangerous drugs shall be dealt with
Q: How is “drug-free workplaces” encouraged? administratively which shall be a ground for
suspension or termination, subject to the
A: The drug-free workplaces are promoted by: provisions of Article 282 of Book VI of the Labor
1. A National Drug-Free Workplace Abuse Code.
Prevention Program shall be formulated by a 4. Private sector organizations may extend the drug
tripartite Task Force composed of education program to the employees/personnel
representatives from the DOLE, workers’ and and immediate families to contribute in the
employers’ groups. promotion of a healthy drug-free family,
community and society.
2. The Secretary of the DOLE shall issue a
Department Order creating a Task Force 5. All private sector organizations shall display in a
consisting of tripartite and other agencies to conspicuous place a billboard or streamer with a
formulate policies and strategies for the purpose standard message of “THIS IS A DRUG-FREE
of developing a National Action Agenda on drug WORKPLACE: LET’S KEEP IT THIS WAY!” or such
abuse prevention in the workplace. Pursuant to other messages of similar import. (Sec 48, IRR RA
the declared policy of the State and the national 9165)
workplace policy, the DOLE shall issue a Q: Is it required that the workplace drug abuse
Department Order (DO) requiring all private prevention policies and programs be included as
companies to adopt and implement drug abuse part of the CBA?
prevention programs in the workplace, including
the formulation of company policies. A: Yes it is required that all labor unions, federations,
associations; or organizations in cooperation with the
3. Pursuant to the functions of the Board under respective private sector partners shall include in
Section 81 (a) of the Act, the existing Civil Service their collective bargaining or any similar agreements,
rules and policies needed to respond to drug joint continuing programs and information campaigns
abuse in the public sector shall be adopted. (Sec. for the laborers similar to the programs provided
47, IRR RA 9165) under Section 47 of the Act with the end in view of
achieving a drug-free workplace. (Sec. 49, IRR RA
Q: What are the guidelines for the National Drug- 9165)
Free Workplace Program to be formulated by the
the Board and the DOLE? Q: What is the procedure to be followed in
abatement of drug related public nuisances?
A: The Task Force shall develop a comprehensive
National Drug-Free Workplace Program in accordance A: Any place or premises which have been used on
with the following guidelines: two or more occasions as the site of the unlawful sale
1. All private sector organizations with ten (10) or or delivery of dangerous drugs, or used as drug dens
more personnel shall implement a drug abuse for pot sessions and other similar activities, may be
prevention program. declared to be a public nuisance, and such nuisance
may be abated, pursuant to the following procedures:
a. The workplace program shall include
advocacy and capability building and 1. Any city or municipality may, by ordinance,
other preventive strategies including but create an administrative board to hear
not limited to: company policies, complaints regarding the nuisances, to be
training of supervisors/managers, composed of the following:
employee education, random drug a. City/Municipal Health Officer as
testing, employee assistance program chairperson;
and monitoring and evaluation
b. City/Municipal Legal Officer as member,
b. The workplace program shall be provided that in cities/municipalities
integrated in the safety and health with no Legal Officer, the City/Municipal
programs. Administrator shall act as member; and
c. The Local Chief of Police as member; 3. The cost of treatment and rehabilitation
based on a center’s facilities, programs and
2. Any employee, officer, or resident of the city or
services (Sec. 74, IRR RA 9165)
municipality may bring a complaint before the
administrative board after giving not less than
Q: What if the family income is within the poverty
three (3) days written notice of such complaint to
threshold?
the owner of the place or premises at his/her last
known address;
A: A family whose income is within poverty threshold
3. Within three (3) days from receipt of the shall be fully subsidized by the government (Sec. 74,
complaint, a hearing shall then be conducted by IRR RA 9165)
the administrative board, with notice to both
parties, and the administrative board may Q: What are the duties of DOH to ensure proper
consider any evidence submitted, including treatment and rehabilitation of drug dependent?
evidence of general reputation of the place or
premises; A: To ensure proper treatment and rehabilitation of
drug dependents, the DOH shall perform the
4. The owner/manager of the premises or place
following:
shall also be given an opportunity to resent any
evidence in his/her defense; a. Formulate standards and guidelines for the
operation and maintenance of all treatment and
5. After hearing, the administrative board may
rehabilitation centers nationwide;
declare the place or premises to be a public
nuisance; and b. Develop a system for monitoring and supervision
of all drug rehabilitation centers nationwide;
6. The hearing shall be terminated within ten (10)
days from commencement. (Sec. 52, IRR RA c. Create programs which will advocate for the
9165) establishment of LGU-assisted rehabilitation
facilities in each province;
Q: Who are the persons sharing the cost of
treatment and rehabilitation of a drug dependent d. Submit to the Department of Budget and
who voluntarily submitted himself? Management (DBM) a budget for the
establishment, and operation of drug
A: The parent, spouse, guardian or any relative within rehabilitation centers; and
the fourth degree of consanguinity of any person who
e. Facilitate the turn-over of all the rehabilitation
is confined under the voluntary submission program
centers from the PNP and NBI thru a
or compulsory submission program shall share the
Memorandum of Agreement that shall be signed
cost of treatment and rehabilitation of a drug
within sixty (60) days after approval of this IRR
dependent (Sec. 74, IRR RA 9165)
(Sec. 75, IRR RA 9165)
Q: What if the dependent has no parent, spouse,
guardian or relative within fourth degree of
consanguinity?
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS A: The essence of grave scandal is publicity and that
the acts committed are not only contrary to morals
and good customs but must likewise be of such
GRAVE SCANDAL
character as to cause public scandal to those
ART. 200
witnessing it.
Q: Can an act offensive to decency performed in a Q: Who are the persons liable?
private place constitute grave scandal?
A:
A: Yes. However, the act must be open to public view 1. Those who shall publicly expound or proclaim
for it to be actionable. doctrines openly contrary to public morals;
Note: If committed in a public place, the performance of 2. Authors of obscene literature, published with
the act offensive to decency is already a crime even though their knowledge in any form, the editors
there is no third party looking at it. Public view is not publishing such literature; and the
required. The public character of the place is sufficient. owners/operators of the establishment selling
the same;
Q: X, an 11 year-old girl, had sexual intercourse with
her 18 year-old boyfriend Y. They performed the act 3. Those who, in theaters, fairs, cinematographs, or
in a secluded vacant lot. Unknown to them, there any other place, exhibit indecent or immoral
was a roving policeman at that time. Hence, they plays, scenes, acts, or shows, it being understood
were arrested. What crime did they commit? that the obscene literature or indecent or
immoral plays, scenes, acts or shows, whether
A: The sexual intercourse with the girl constitutes live or in film, which are proscribed by virtue
statutory rape. Though the act was carried out in a hereof, shall include those which:
public place, criminal liability for grave scandal cannot a. glorify criminals or condone crimes;
be incurred.
b. serve no other purpose but to satisfy the Q: When does the author of obscene literature
market for violence, lust or pornography; become liable?
c. offend any race, or religion;
d. tend to abet traffic in and use of prohibited A: The author becomes liable if it is published with his
drugs; knowledge.
e. contrary to law, public order, morals, good
customs, established policies, lawful orders, Note: In every case, the editor publishing it is liable.
decrees and edicts;
Q: If the viewing of pornographic materials is done
4. Those who shall sell, give away, or exhibit films, privately, can there be violation of Art. 201?
prints, engravings, sculptures, or literatures
which are offensive to morals.
A: No. What is protected is the morality of the public
in general. The law is not concerned with the moral of
Note: The object of the law is to protect the morals of the one person.
public.
Q: The criminal case for violation of Article 201 of
Q: What will be the penalty in case the offender is a RPC was dismissed because there was no concrete
government official or employee who allows the and strong evidence pointing them as the direct
violation of Section 1? source of pornographic materials. Can petitioner
now recover the confiscated hard disk containing
A: The penalty as provided herein shall be imposed in the pornographic materials?
its maximum period and, in addition, the accessory
penalties provided for in the Revised Penal Code shall A: No. Petitioner had no legitimate expectation of
likewise be imposed. protection of their supposed property rights. P.D. 969
which amended Art. 201 also states that ‘where the
Q: Is publicity an essential element of this offense? criminal case against any violation of this decree
results in an acquittal, the obscene or immoral
A: Yes. This offense in any of the forms mentioned is literature, films, prints, engravings, sculpture,
committed only when there is publicity. It is an paintings or other materials and articles involved in
essential element. the violation shall nevertheless be forfeited in favor
of the government to be destroyed.” In this case, the
Q: What is the test of obscenity? destruction of the hard disks and the software used in
any way in the violation of the subject law addresses
A: The test is whether the tendency of the matter the purpose of minimizing if not eradicating
charged as obscene is to deprave or corrupt those pornography (Nograles v. People, G.R. No. 191080,
whose minds are open to such immoral influences, November 21, 2011).
and into whose hands such publication may fall and
also whether or not such publication or act shocks VAGRANTS AND PROSTITUTES
the ordinary and common sense of men as an ART. 202
indecency (U.S. v. Kottinger, 45 Phil. 352).
Q: Who are vagrants?
Note: The test is objective. It is more on the effect upon the
viewer and not alone on the conduct of the performer.
A:
1. Any person having no apparent means of
Q: Is mere nudity in paintings and pictures
subsistence, who has the physical ability to work
considered obscene?
and who neglects to apply himself or herself to
some lawful calling;
A: No, it is not obscene.
2. Any person found loitering about public or semi-
Q: When is a picture considered obscene? public buildings or places, or tramping or
wandering about the country or the streets
A: When the picture has a slight degree of obscenity without visible means of support;
having no artistic value and being intended for
3. Any idle or dissolute person who lodges in
commercial purposes, it is considered obscene and
houses of ill-fame; ruffians or pimps and those
fall within this article. Publicity is an essential
who habitually associate with prostitutes;
element.
4. Any person who, not being included in the A: Vagrancy is no longer a crime. Under Art. 202, only
provisions of other articles of this Code, shall be prostitutes can be punished. R.A. 10158 has already
found loitering in any inhabited or uninhabited decriminalized vagrancy and amended Art. 202 as
place belonging to another without any lawful or follows:
justifiable purpose.
“Article 202. Prostitutes; Penalty. – For the
Q: Who are prostitutes?
purposes of this article, women who, for
money or profit, habitually indulge in sexual
A: They are women who, for money or profit,
intercourse or lascivious conduct, are
habitually indulge in sexual intercourse or lascivious
deemed to be prostitutes.
conduct.
“Any person found guilty of any of the
Note: Sexual intercourse is not a necessary element to
constitute prostitution. Mere indulging in lascivious offenses covered by this article shall be
conducts habitually because of money or gain would punished by arresto menor or a fine not
amount to prostitution. exceeding 200 pesos, and in case of
recidivism, by arresto mayor in its medium
Q: Is the term prostitution applicable to a man? period to prision correctional in its minimum
period or a fine ranging from 200 to 2,000
A: No. The term is applicable only to a woman who, pesos, or both, in the discretion of the
for money or profit, habitually engages in sexual court.”
intercourse or lascivious conduct. A man who
engages in the same conduct is not a prostitute but a Q: What is the effect of the law on Convicted
vagrant. Persons?
Q: Is there a crime of prostitution by conspiracy? A: All persons serving sentence for violation of the
provisions of Art. 202 of the RPC on Vagrancy prior to
A: There is none. One who conspires with a woman in its amendment by this Act shall be immediately
the prostitution business like pimps, taxi drivers or released upon effectivity of this Act: Provided, That
solicitors of clients are guilty of the crime under they are not serving sentence or detained for any
Article 341 for white slavery. other offense or felony.
MENDICANCY LAW OF 1978 (P.D. 1563) Q: If a person is charged with mendicancy, can he
invoke the provisions of this law?
Q: Who are liable under the Mendicancy Law or P.D.
1563? A: No. R.A. 10158 specifically refers to decriminalizing
vagrancy. Moreover, a mendicant differs from a
A: vagrant since in mendicancy, it is essential that the
1. Mendicant – one who has no visible and legal accused uses begging as a means of living, unlike
means of support, or lawful employment and vagrants who merely neglects a lawful calling even if
who is physically able to work but neglects to he has the physical ability to work, irrespective of
apply himself to some lawful calling and instead whether he has a means of living (through begging)
uses begging as means of living. or none.
2. Any person who abets mendicancy by giving alms ANTI-GAMBLING ACT (P.D. 1602) As amended by
directly to mendicants, exploited infants, and ACT INCREASING THE PENALTIES FOR ILLEGAL
minors on public roads, sidewalks, parks and NUMBERS GAMES (R.A. 9287)
bridges.
Q: What is the purpose of this Act?
AN ACT DECRIMINALIZING VAGRANCY, AMENDING
A: To promote a just and dynamic social order that
FOR THIS PURPOSE ART. 202 OF ACT NO. 3815, AS
will ensure the prosperity and independence of the
AMENDED, OTHERWISE KNOWN AS THE RPC
nation and free the people from poverty. Also, for the
(R.A. 10158)
promotion of social justice, to create economic
opportunities based on freedom of initiative and self-
Q: What is the effect of the new law?
reliance.
Q: Who are the persons punished under this Act? 6. Any barangay official who, with knowledge of the
existence of a gambling house or place in his
A: jurisdiction fails to abate the same or take action
1. Any person who directly or indirectly take part in in connection therewith.
any illegal or unauthorized activities or games 7. Any security officer, security guard, watchman,
private or house detective of hotels, villages,
b. BETTOR – any person who places bets for buildings, enclosures and the like which have the
himself or in behalf of another person reputation of a gambling place or where gambling
c. PERSONNEL/STAFF – any person who acts in activities are being held.
the interest of the maintainer, manager or
operator, such as, but not limited to, an
accountant, cashier, checker, guard, runner, Q: What is the prima facie evidence of any offense
table manager, usher, watcher, or any other under this Act?
personnel performing such similar functions
in a building structure, vessel, vehicle, or any A: Possession of any gambling paraphernalia and
other place where an illegal numbers game other materials used in the illegal numbers game
is operated or conducted operation shall be deemed prima facie evidence of
d. COLLECTOR/AGENT – any person who any offense covered by this Act. (Sec. 4)
collects, solicits or produces bets in behalf of
his/her principal for any illegal numbers Q: Are those mere spectators liable under this Act?
game who is usually in possession of
gambling paraphernalia A: No. Spectators are not liable. The law does not
e. CONTROLLER/COORDINATOR/ SUPERVISOR make it an offense to be present in a gambling house.
– any person who exercises control and
supervision over the collector or agent Q: Who are the persons with immunity from
f. MAINTAINER/MANAGER/OPERATOR – any prosecution under this act?
person who maintains, manages or operates
any illegal number game in a specific area A: Any person who serves as a witness for the
from whom the coordinator, controller or government or provides evidence in a criminal case
involving any violation of this Act, or who voluntarily offering persons for prostitution,
or by virtue of a subpoena produces, identifies, or pornography or sexual exploitation;
gives testimony, subject to the compliance with the
e. To maintain or hire a person to engage in
provisions of P.D. 1732. (Sec. 8)
prostitution or pornography;
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 f. To adopt or facilitate the adoption of
(R.A. 9208) persons for the purpose of prostitution,
pornography, sexual exploitation, forced
Q: What is the purpose of this Act? labor, slavery, involuntary servitude or debt
bondage;
A: To give highest priority to the enactment of
g. To recruit, hire, adopt, transport or abduct a
measures and development of programs that will
person, by means of threat or use of force,
promote human dignity, protect the people from any
fraud, deceit, violence, coercion, or
threat of violence and exploitation, eliminate
intimidation for the purpose of removal or
trafficking in persons, and mitigate pressures for
sale of organs of said person; and
involuntary migration and servitude of persons and to
ensure their recovery, rehabilitation and h. To recruit, transport or adopt a child to
reintegration into the mainstream of society. (Sec. 2) engage in armed activities in the Philippines
or abroad.
PUNISHABLE ACTS
2. Acts that promote trafficking in persons, or
Q: What are the punishable acts under R.A. 9208?
facilitate trafficking in persons: (Sec. 5)
A:
a. To knowingly lease or sublease, use or allow
1. Acts of Trafficking in Persons by any person, natural
to be used any house, building or
or juridical, to commit any of the following acts: (Sec.
establishment for the purpose of promoting
4)
trafficking in persons;
a. To recruit, transport, transfer; harbor, b. To produce, print and issue or distribute
provide, or receive a person by any means, unissued, tampered or fake counseling
including those done under the pretext of certificates, registration stickers and
domestic or overseas employment or certificates of any government agency which
training or apprenticeship, for the purpose issues these certificates and stickers as proof
of prostitution, pornography, sexual of compliance with government regulatory
exploitation, forced labor, slavery, and pre-departure requirements for the
involuntary servitude or debt bondage; purpose of promoting trafficking in persons;
b. To introduce or match for money, profit, or c. To advertise, publish, print, broadcast or
material, economic or other consideration, distribute, or cause the advertisement,
any person or, any Filipino woman to a publication, printing, broadcasting or
foreign national, for marriage for the distribution by any means, including the use
purpose of acquiring, buying, offering, selling of information technology and the internet,
or trading him/her to engage in prostitution, of any brochure, flyer, or any propaganda
pornography, sexual exploitation, forced material that promotes trafficking in
labor, slavery, involuntary servitude or debt persons;
bondage;
d. To assist in the conduct of misrepresentation
c. To offer or contract marriage, real or or fraud for purposes of facilitating the
simulated, for the purpose of acquiring, acquisition of clearances and necessary exit
buying, offering, selling, or trading them to documents from government agencies that
engage in prostitution, pornography, sexual are mandated to provide pre-departure
exploitation, forced labor or slavery, registration and services for departing
involuntary servitude or debt bondage; persons for the purpose of promoting
trafficking in persons;
d. To undertake or organize tours and travel
plans consisting of tourism packages or e. To facilitate, assist or help in the exit and
activities for the purpose of utilizing and entry of persons from/to the country at
international and local airports, territorial
boundaries and seaports who are in Q: Who are punished under this Act?
possession of unissued, tampered or
fraudulent travel documents for the purpose A:
of promoting trafficking in persons; 1. Any person, natural or juridical, to commit or in
any of the punishable acts of trafficking
f. To confiscate, conceal, or destroy the
2. Any person who promote or facilitate the acts of
passport, travel documents, or personal
trafficking
documents or belongings of trafficked
3. Any person who buys or engages the services of
persons in furtherance of trafficking or to
trafficked persons for prostitution shall be
prevent them from leaving the country or
penalized
seeking redress from the government or
appropriate agencies; and
Q: Are those trafficked persons penalized?
g. To knowingly benefit from, financial or
otherwise, or make use of, the labor or A: No. Trafficked persons shall be recognized as
services of a person held to a condition of victims of the act or acts of trafficking and as such
involuntary servitude, forced labor, or shall not be penalized for crimes directly related to
slavery. the acts of trafficking enumerated in this Act or in
obedience to the order made by the trafficker in
relation thereto. (Sec.17)
3. Any person who buys or engages the services of
trafficked persons for prostitution (Sec. 11)
Note: In this regard, consent of a trafficked person to the
intended exploitation set forth in this Act is NOT relevant.
Q: What are qualified trafficking under this Act?
CRIMES COMMITTED BY PUBLIC OFFICERS from the public sector and not from the other
branches or agencies of the government does not
take her position outside the meaning of a public
PUBLIC OFFICERS
office (Javier v. Sandiganbayan, GR 147026-27,
ART. 203
September 11, 2009).
c. by appointment by competent A:
authority. 1. Knowingly rendering unjust judgment
2. Rendering judgment through negligence
Note: The term “public officers” embraces every public 3. Rendering unjust interlocutory order
servant from the highest to the lowest rank. All public 4. Malicious delay in the administration of justice
servants from the President down to the garbage collector
if employed and paid by the government come within this Q: What are crimes of malfeasance?
term.
A:
Q: How is the term “public officer” defined under 1. Direct bribery
R.A. No. 3019? 2. Indirect bribery
A: Under R.A. No. 3019, the term “public officer” Q: What is a crime of nonfeasance?
includes elective and appointive officials and
employees, permanent or temporary, whether in the A: Dereliction of duty in the prosecution of offenses
classified or unclassified or exemption service
receiving compensation, even nominal, from the KNOWINGLY RENDERING UNJUST JUDGMENT
government. ART. 204
Q: Javier was charged with malversation of public
Q: What are the elements of this crime?
funds. She was the private sector representative in
the National Book Development Board (NBDB),
A:
which was created by Republic Act (R.A.) No. 8047,
1. Offender is a judge;
otherwise known as the “Book Publishing Industry
2. He renders a judgment in a case submitted to
Development Act”. Is Javier, a private sector
him for decision;
representative to the board a public officer?
3. Judgment is unjust;
4. The judge knows that his judgment is unjust.
A: Yes. Notwithstanding that Javier came from the
private sector to sit as a member of the NBDB, the
Note: It is a fundamental rule that a judicial officer when
law invested her with some portion of the sovereign required to exercise his judgment or discretion is not
functions of the government, so that the purpose of criminally liable for any error he commits provided that he
the government is achieved. In this case, the acts in good faith and in absence of malice (Mendoza v.
government aimed to enhance the book publishing Villaluz, Adm. Case No. L-1797-CCC, August 27, 1981).
industry as it has a significant role in the national
development. Hence, the fact that she was appointed
Q: What is a “manifestly unjust judgment”? A: If it leaves something to be done in the trial court
with respect to the merits of the case, it is
A: A “manifestly unjust judgment” is a judgment interlocutory; if it does not, it is final.
which cannot be explained with reasonable
MALICIOUS DELAY IN THE 2. Officer of the law – those who are duty-bound to
ADMINISTRATION OF JUSTICE cause the prosecution and punishment of the
ART. 207 offenders by reason of the position held by them.
Q: What are the elements of this crime? Q: What is the liability of a public officer who,
having the duty of prosecuting the offender,
A: harbored, concealed, or assisted in the escape of the
1. Offender is a judge; latter?
2. There is a proceeding in his court;
3. He delays the administration of justice; A: He is a principal in the crime defined and penalized
4. The delay is malicious, that is, the delay is caused in Art. 208. Such public officer is not merely an
by the judge with deliberate intent to inflict accessory.
damage on either party in the case.
Q: Can a Barangay Chairman be held liable for
Note: If the delay is not malicious, but committed through dereliction of duty?
gross negligence, the crime committed is that under R.A.
3019, Sec. 3(e). A: Yes, because a Barangay Chairman is expressly
authorized by law to prosecute violators of laws
PROSECUTION OF OFFENSES; within their jurisdiction. If he does not do so, he can
NEGLIGENCE AND TOLERANCE be prosecuted for dereliction of duty.
ART. 208
Q: If a police officer tolerates the commission of a
Q: What are the punishable acts? crime or otherwise refrains from apprehending the
offender, is he liable for dereliction of duty?
A:
1. Maliciously refraining from instituting A: No. Such police officer does not have the duty to
prosecution against violators of law. prosecute or to move the prosecution of the
2. Maliciously tolerating the commission of offender. It is the Chief of police which has the duty
offenses. to do so. He can however be prosecuted as follows:
1. An accessory to the crime committed by the
Q: What are the elements of dereliction of duty in principal in accordance with Art. 19, par. 3;
the prosecution of offenses? or
2. He may become a fence if the crime
A: committed is robbery or theft, in which case
1. Offender is a public officer or officer of the law he violates the Anti-Fencing Law; or
who has a duty to cause the prosecution of, or to 3. He may be held liable for violating the Anti-
prosecute, offenses; Graft and Corrupt Practices Act.
2. There is dereliction of the duties of his office,
that is, knowing the commission of the crime, he Note: Officers, agents or employees of the Bureau of
Internal Revenue are not covered by this article as well.
does not cause the prosecution of the criminal,
or knowing that a crime is about to be
committed, he tolerates its commission; BETRAYAL OF TRUST BY AN ATTORNEY OR
SOLICITOR – BETRAYAL OF SECRETS
Note: Dereliction of duty caused by poor judgment or ART. 209
honest mistake is not punishable.
Q: What are the punishable acts?
3. Offender acts with malice and deliberate intent
to favor the violator of the law. A:
1. Causing damage to his client, either:
Q: Who can be the offenders under this article? a. by any malicious breach of professional duty;
b. by inexcusable negligence or ignorance.
A:
1. Public officer – officers of the prosecution 2. Revealing any of the secrets of his client learned
department, whose duty is to institute criminal by him in his professional capacity.
proceedings for felonies upon being informed of
their perpetration. Note: Damage is not necessary. The mere fact that a
secret has been revealed is already punishable.
3. Undertaking the defense of the opposing party in already committed, and future crimes intended to be
the same case, without the consent of his first committed, by the client. Statements and
client, after having undertaken the defense of communications regarding the commission of a crime
said first client or after having received already committed, made by a party who committed
confidential information from said client. it, to an attorney, consulted as such, are privileged
communications. Contrarily, communications
Note: If the client consents to it, there is no crime. The between attorney and client having to do with the
consent need not be in writing. client’s contemplated criminal acts, or in aid or
furtherance thereof, are not covered by the cloak of
Illustration: The Code of Professional privileges ordinarily existing in reference to
Responsibility mandates lawyers to serve their communications between attorney and client. The
clients with competence and diligence. Rule existence of an unlawful purpose prevents the
18.03 and Rule 18.04 state: Rule 18.03. A lawyer privilege from attaching (People v. Sandiganbayan,
shall not neglect a legal matter entrusted to him, G.R. Nos. 115439-41, July 16, 1997).
and his negligence in connection therewith shall
render him liable; Rule 18.04. A lawyer shall Q: Who is a Procurador Judicial?
keep the client informed of the status of his case
and shall respond within a reasonable time to the A: A person who had some practical knowledge of
client’s request for information. law and procedure, but not a lawyer, and was
permitted to represent a party in a case before an
A lawyer breached these duties when he failed to inferior court.
reconstitute or turn over the records of the case
to his client. His negligence manifests lack of Note: There is no solicitor or procurador judicial under the
competence and diligence required of every Rules of Court.
lawyer. His failure to comply with the request of
his client was a gross betrayal of his fiduciary DIRECT BRIBERY
duty and a breach of the trust reposed upon him ART. 210
by his client. His sentiment against his client is
not a valid reason for him to renege on his Q: How is the crime of bribery committed?
obligation as a lawyer. The moment he agreed to
handle the case, he was bound to give it his A: Bribery is committed when a public officer receives
utmost attention, skill and competence. Public a gift, present, offer or promise, by reason or in
interest requires that he exert his best efforts connection with the performance of his official
and all his learning and ability in defense of his duties. Bribery requires the concurrence of the will of
client’s cause. Those who perform that duty with the corruptor and the public officer otherwise the
diligence and candor not only safeguard the crime is not consummated (Boado, 2008)
interests of the client, but also serve the ends of
justice. They do honor to the bar and help Note: Bribery refers to the act of the receiver. The act of
maintain the community’s respect for the legal the giver is corruption of public official.
profession (Patricio Gone v. Atty. Macario
Ga, A.C. No. 7771, April 6, 2011). Q: What are the punishable acts?
2. Accepting a gift in consideration of the execution Q: Suppose the public official accepted the
of an act which does not constitute a crime (but consideration and turned it over to his superior as
which must be unjust) – If the act or omission evidence of corruption, what is the crime
does not amount to a crime, the consideration committed?
must be delivered by the corruptor before a
public officer can be prosecuted for bribery. A: The offense is attempted corruption only and not
Mere agreement is not enough to constitute the frustrated. The official did not agree to be corrupted.
crime because the act to be done in the first
place is legitimate or in the performance of the Q: Is temporary performance of public function
official duties of the public official. sufficient to constitute a person a public officer?
3. Abstaining from the performance of official
duties. A: Yes. For the purpose of punishing bribery, the
temporary performance of public functions is
Q: What are the elements of direct bribery? sufficient to constitute a person a public officer.
act to show such acceptance is not sufficient to Q: Suppose the public official actually accepted a
convict the officer. consideration and allowed himself to be corrupted,
what is the crime committed?
Q: Compare direct bribery and indirect bribery.
A: The corruptor becomes liable for consummated
A: corruption of public official. The public officer also
DIRECT BRIBERY INDIRECT BRIBERY becomes equally liable for consummated bribery.
Public Officer receives gift
There is agreement There is no agreement FRAUDS AND ILLEGAL EXACTIONS AND
between the public between the public TRANSACTIONS
officer and the corruptor. officer and the corruptor.
The public officer is The public officer is not FRAUDS AGAINST THE PUBLIC TREASURY
called upon to perform necessarily called upon AND SIMILAR OFFENSES
or refrain from to perform any official ART. 213
performing an official act. It is enough that he
act. accepts the gifts offered Q: What are the punishable acts?
to him by reason of his
office. A:
1. Entering into an agreement with any interested
QUALIFIED BRIBERY party or speculator or making use of any other
ART. 211-A scheme, to defraud the Government, in dealing
with any person or with regard to furnishing
Q: What are the elements of qualified bribery? supplies, the making of contracts, or the
adjustment or settlement of accounts relating to
A: public property funds. (fraud against public
1. Offender is a public officer entrusted with law treasury)
enforcement
2. Demanding, directly or indirectly, the payment of
2. He refrains from arresting or prosecuting an
sums different from or larger than those
offender who has committed a crime punishable
authorized by law, in the collection of taxes,
by reclusion perpetua and/or death
licenses, fees and other imposts. (illegal exaction)
3. He refrains from arresting or prosecuting the
offender in consideration of any promise, gift or
present Note: By mere demanding an amount different,
whether bigger or smaller, than what should be paid,
Note: The crime involved in qualified bribery is a heinous even if the debtor refuses, illegal exaction is
crime. The public officer need not receive a gift or present committed.
because a mere offer or promise is sufficient.
3. Failing voluntarily to issue a receipt as provided
CORRUPTION OF PUBLIC OFFICIALS by law, for any sum of money collected by him
ART. 212 officially, in the collection of taxes, licenses, fees
and other imposts. (illegal exaction)
Q: What are the elements of this crime? 4. Collecting or receiving directly or indirectly, by
way of payment or otherwise, things or objects
A: of a nature different from that provided by law,
1. Offender makes offers or promise or gives gifts in the collection of taxes, licenses, fees and other
or presents to a public officer imposts. (illegal exaction)
2. The offers or promises are made or the gifts or
presents are given to a public officer under
circumstances that will make the public officer Q: What are the elements of fraud against public
liable for direct bribery or indirect bribery treasury?
3. He entered into an agreement with any objects of a nature different from that
interested party or speculator or made use of provided by law – Under the rules and
any other scheme with regard to: regulations of the government, payment of
a. Furnishing supplies checks not belonging to the taxpayer should
b. The making of contracts or not be accepted to settle the obligation of a
c. The adjustment or settlement of accounts taxpayer.
relating to public property or funds
XPN: If the check is a manager’s
4. Accused had intent to defraud the Government. check or a certified check.
Note: Consummated by merely entering into an agreement Q: What is the essence of the crime of illegal
with any interested party or speculator. It is not necessary exaction?
that the Government is actually defrauded by reason of the
transaction as long as the public officer who acted in his
A: The essence of the crime is not misappropriation
official capacity had the intent to defraud the Government.
of any of the amounts but the improper making of
the collection which would prejudice the accounting
Q: What is the essence of the crime of fraud against
of collected amounts by the government.
public treasury?
Q: Who may be liable for illegal exaction?
A: The essence of this crime is making the
government pay for something not received or
A: Illegal exaction is usually committed by a public
making it pay more than what is due.
officer charged with the duty to collect taxes, license
fees, import duties and other dues payable to the
Q: What are the elements of illegal exactions?
government.
A:
1. Offender is a public officer entrusted with the OTHER FRAUDS
collection of taxes, licenses, fees and other ART. 214
imposts.
Q: What are the elements of this crime?
2. He is guilty of any of the following acts or
omissions: (Forms of Illegal Exactions) A:
1. Offender is a public officer
a. Demanding, directly or indirectly, the 2. He takes advantage of his official position
payment of sums different from or larger 3. He commits any of the frauds or deceits
that those authorized by law – Mere demand enumerated in Arts. 315-318
will consummate the crime, even if the
taxpayer shall refuse to come across with Q: Which court has jurisdiction?
the amount being demanded.
A: The RTC has jurisdiction over the offense
Note: It is not necessary that payment demanded regardless of the amount or penalty involved,
be larger than amount due the government it because the principal penalty is disqualification.
may be less than the amount due to the
government. PROHIBITED TRANSACTIONS
ART. 215
b. Failing voluntarily to issue a receipt as
provided by law, for any sum of money Q: What are the elements of this crime?
collected by him officially – The act of
receiving payment due to the government A:
without issuing a receipt will give rise to 1. Offender is an appointive public officer
illegal exaction even though a provisional 2. He becomes interested, directly or indirectly, in
receipt has been issued. What the law any transaction of exchange or speculation
requires is a receipt in the form prescribed 3. Transaction takes place within the territory
by law, which means official receipt. subject to his jurisdiction
4. He becomes interested in the transaction during
c. Collecting or receiving directly or indirectly, his incumbency
by way of payment or otherwise, things or
Q: Who are the persons liable under this article? 3. Section 2, Article IX-A - No member of a
Constitutional Commission shall, during his
A: tenure, hold any office or employment. Neither
1. Public officer who, directly or indirectly, became shall he engage in the practice of any profession
interested in any contract or business in which it or in the active management or control of any
was his official duty to intervene. business which in any way may be affected by
the functions of his office, nor shall he be
2. Experts, arbitrators, and private accountants financially interested, directly or indirectly, in any
who, in like manner, took part in any contract or contract with, or in any franchise or privilege
transaction connected with the estate or granted by the government, or any of its
property in the appraisal, distribution or subdivisions, agencies, or instrumentalities,
adjudication of which they had acted. including government-owned or controlled
3. Guardians and executors with respect to the corporations or their subsidiaries.
property belonging to their wards or the estate.
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
Note: The mere violation of the prohibition is punished
although no actual fraud occurs therefrom. The act is Q: What are the crimes called malversation of public
punished because of the possibility that fraud may be funds or property?
committed or that the officer may place his own interest
above that of the Government or of the party which he
A:
represents (U.S. v. Udarbe, 28 Phil. 383).
1. Malversation by appropriating, misappropriating
or permitting any other person to take public
Q: Does this article apply only to appointive public
funds or property (Art. 217)
officials?
2. Failure of an accountable officer to render
accounts (Art. 218)
A: No. Art. 216 includes not only appointive but also
3. Failure of a responsible public officer to render
elective public officials. In fact, under the second
accounts before leaving the country (Art. 219)
paragraph of the said article, even private individuals
4. Illegal use of public funds or property (Art. 220)
can be held liable.
5. Failure to make delivery of public funds or
property (Art. 221)
Q: What are the Constitutional provisions
prohibiting interests?
MALVERSATION BY APPROPRIATING,
A: MISAPPROPRIATING OR PERMITTING ANY OTHER
1. Sec. 14 , Article VI - Members of Congress PERSON TO TAKE PUBLIC FUNDS OR PROPERTY
cannot personally appear as counsel; cannot be ART. 217
interested financially in any franchise or special
privilege granted by government; cannot Q: What are the punishable acts?
intervene in any matter before office of
Government; A:
1. Appropriating public funds or property
2. Sec 13 , Article VII -The President, Vice- 2. Taking or misappropriating the same
President, the Members of the Cabinet and their 3. Consenting, or through abandonment or
deputies or assistant shall not, unless otherwise negligence, permitting any other person to take
provided in this Constitution, hold any such public funds or property
other office or employment during their tenure. 4. Being otherwise guilty of the misappropriation or
They shall not, during said tenure, directly or malversation of such funds or property.
indirectly, practice any other profession,
3. Those funds or property were public funds or A: No. In US. v. Kalingo, 46 Phil 651, it was held that
property for which he was accountable the failure of the accused who had custody of public
4. He appropriated, took, misappropriated or funds to refund the shortage upon demand by the
consented, or through abandonment negligence, duly authorized offices constitutes prima facie
permitted another person to take them evidence of malversation, notwithstanding the fact
that such demand had been merely made verbally.
Q: Is it necessary that the offender actually Note: Demand itself is not indispensable to constitute
misappropriated the funds? malversation. It merely raises a prima facie presumption
that missing funds have been put to personal use. (Morong
A: No, somebody else may have misappropriated the Water District v. Office of the Deputy Ombudsman, March
funds in question. It is enough that he has violated 17, 2000 citing Nizurtada v. Sandiganbayan)
the trust reposed on him in connection with the
property. Q: How can the presumption be rebutted?
Note: Malversation is predicated on the relationship of the A: The presumption could be overcome by
offender to the property or funds involved. His being remiss satisfactory evidence of loss or robbery committed by
in the duty of safekeeping public funds violates the trust a person other than the accused (US. v. Kalingo, 46
reposed by reason of the duties of his office. Phil 651).
Q: Who is an accountable public officer? Q: A revenue collection agent of BIR admitted his
cash shortage on his collections to get even with the
A: An accountable public officer, within the purview BIR which failed to promote him. A special
of Art. 217 of the RPC, is one who has custody or arrangement was made between the BIR and the
control of public funds or property by reason of the agent wherein the BIR would withhold the salary of
duties of his office. The nature of the duties of the the latter and apply the same to the shortage
public officer or employee, the fact that as part of his incurred until full payment was made. Is the
duties he received public money for which he is collection agent guilty of the crime of malversation
bound to account and failed to account for it, is the of funds?
factor which determines whether or not malversation
is committed by the accused public officer or A: Yes. An accountable public officer may be
employee (Torres v. People, G.R. No. 175074, August convicted of malversation even if there is no direct
31, 2011). evidence of misappropriation and the only evidence
is that there is a shortage in his accounts which he
Q: When a public officer has no authority to receive has not been able to satisfactorily explain. In the
the money for the Government, and upon receipt of present case, considering that the shortage was duly
the same, he misappropriated it, can he be held proven, retaliation against the BIR for not promoting
liable for malversation? him does not constitute a satisfactory or reasonable
explanation of his failure to account for the missing
A: No. If the public officer has no authority to receive amount (Cua v. People, G.R. No. 166847, November
the money for the Government, the crime committed 16, 2011).
is estafa, not malversation. (US v. Solis, 7 Phil 195)
Q: Is damage to the government necessary to
Q: What constitutes as a prima facie evidence of constitute malversation?
malversation?
A: No. It is not an element of the offense. The penalty A: Yes, a private person may also commit
for malversation is based on the amount involved, malversation under the following situations:
not on the amount of the damage caused to the
1. A private person conspiring with an accountable
Government. (Reyes, 2008)
public officer in committing malversation is also
guilty of malversation (People v. Sendaydiego,
Q: Is deceit required to be proved in malversation?
G.R. No. L-33254 & G.R. No. L-33253, January 20,
1978)
A: No. Malversation may be committed either
through a positive act of misappropriation of public 2. When he has become an accomplice or accessory
funds or property, or passively through negligence. To to a public officer who commits malversation
sustain a charge of malversation, there must either be
3. When the private person is made the custodian
criminal intent or criminal negligence, and while the
in whatever capacity of public funds or property,
prevailing facts of a case may not show that deceit
whether belonging to national or local
attended the commission of the offense, it will not
government, and misappropriates the same
preclude the reception of evidence to prove the
existence of negligence because both are equally 4. When he is constituted as the depositary or
punishable under Art. 217 of the RPC (Torres v. administrator of funds or property seized or
People, G.R. No. 175074, August 31, 2011). attached by public authority even though said
funds or property belong to a private individual
Q: When a municipal officer who, in good faith paid
out public funds persons in accordance with the
Q: A private property was attached or levied by the
resolution of the municipal council but the
sheriff, can it be a subject of the crime of
payments were turned out to be in violation of the
malversation?
law, is there criminal liability?
A: Yes, though the property belonged to a private
A: None. When an accountable public officer, in good
person, the levy or attachment of the property
faith makes a wrong payment through honest
impressed it with the character of being part of the
mistake as to the law or to the facts concerning his
public property it being in custodia legis.
duties, he is not liable for malversation. He is only
civilly liable (People v. Elvina, 24 Phil 230).
Q: If falsification of documents was resorted to for
the purpose of concealing malversation, is a
Q: What should be proved in order to convict an
complex crime committed?
accused of malversation
A: No, for complex crimes require that one crime is
A: All that is necessary to prove is that the defendant
used to commit another. If the falsification is resorted
received in his possession public funds, that he could
to for the purpose of hiding the malversation, the
not account for them and did not have them in his
falsification and malversation are separate offenses
possession and that he could not give a reasonable
(People v. Sendaydiego).
excuse for the disappearance of the same. (De
Guzman v. People, 119 SCRA 337)
Q: What is Technical Malversation?
Note: The return of the money malversed is merely a
mitigating circumstance. It cannot exempt the accused A: In technical malversation, the public officer applies
from criminal liability (People v. Velasquez, 72 Phil 98). public funds under his administration not for his or
another’s personal use, but to a public use other than
Q: When can the public officer be not liable for that for which the fund was appropriated by law or
malversation ordinance. Technical malversation is, therefore, not
included in nor does it necessarily include the crime
A: When the accountable officer is obliged to go out of malversation of public funds charged in the
of his office and borrow the sum alleged to be the information. Since the acts constituting the crime of
shortage and later the missing amount is found in technical malversation were not alleged in the
some unaccustomed place in his office, he is not information, and since technical malversation does
liable for malversation (US v. Pascual, 26 Phil 234). not include or is not included in the crime of
malversation of public funds, petition cannot be
Q: May a private person commit the crime of convicted of malversation (Parungao v.
malversation? Sandiganbayan, G.R. 96025, May 15, 1991).
Q: What are the distinctions between malversation FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO
and estafa? RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY
ART. 219
A:
MALVERSATION ESTAFA Q: What are the elements of this crime?
Committed by an Committed by a private
accountable public person or even a public A:
officer. officer who acts in a 1. Offender is a public officer
private capacity. 2. He must be an accountable officer for public
Deals with public funds Deals with private funds or property
3. He must have unlawfully left (or be on point of
or property. property.
leaving) the Philippines without securing from
May be committed Committed by personal the Commission on Audit a certificate showing
without personal misappropriation only. that his accounts have been finally settled
misappropriation, as
when the accountable Q: If the act of leaving the country is authorized by
officer allows another to law, can the public officer be convicted under this
misappropriate the Article?
same.
A: No. The act of leaving the Philippines must not be
FAILURE OF ACCOUNTABLE OFFICER authorized or permitted by law to be liable under this
TO RENDER ACCOUNTS Article. (Reyes, 2008)
ART. 218
ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
Q: What are the elements of this crime? ART. 220
Q: Does the accused need to commit Note: In the absence of a law or ordinance appropriating
misappropriation to be liable under this Article? the public fund allegedly technically malversed, the use
thereof for another public purpose will not make the
A: No. It is not essential that there be accused guilty of violation of Art. 220 of the RPC (Abdulla v.
People, April 6, 2005).
misappropriation. If there is misappropriation, he
would also be liable for malversation under Art. 217.
Q: X appropriated the salary differentials of
(Reyes, 2008)
secondary school teachers of the Sulu State College
CONNIVING WITH OR CONSENTING TO EVASION Q: The accused contended that his order to the
ART. 223 prisoner to keep close to him while he was
answering the telephone call was sufficient
precaution? Is he correct?
Q: What are the elements of this crime?
A: No. The adequate precaution which should have
A:
been taken up by him was to lock up the prisoner
1. Offender is a public officer
before answering the telephone call (Remocal v.
2. He has in his custody or charge a prisoner, either
People, 71 Phil 429).
detention prisoner or prisoner by final judgment
3. Such prisoner escaped from his custody
Q: A policeman permitted a prisoner to answer a call
4. That he was in connivance with the prisoner in
of nature in a hidden shed outside the building. The
the latter’s escape (U.S. v. Bandino, 29 Phil 459)
policeman remained near the prisoner by the door.
The prisoner escaped through the back of the bath.
Q: Is there a need that the convict has actually fled
Is the policeman liable under Art 224?
for the public officer to be liable under this Article?
A: No. Not every little mistake or distraction of a
A: No. there is real and actual evasion of service of
guard leading to prisoner’s taking advantage of a
sentence when the custodian permits the prisoner to
dilapidated building is negligence. He can be held
obtain relaxation of his imprisonment and to escape
administratively only (People v. Nava)
the punishment of being deprived of his liberty, thus
making the penalty ineffectual, although the convict
Q: What is the liability of the escaping the prisoner?
may not have fled (US v. Bandino, ibid.).
A:
Q. Does releasing a prisoner for failure to comply
1. If the fugitive is serving his sentence by reason of
within the time provided by Art. 125 exculpate
final judgment – he is liable for evasion of the
liability under this Article?
service of sentence under Art.157;
2. If the fugitive is only a detention prisoner – he
A. Yes. Where the chief of police released the
does not incur any criminal liability.
detention prisoners because he could not file a
complaint against them within the time fixed by Art.
125 due to the absence of the justice of the peace, he ESCAPE OF PRISONER UNDER THE CUSTODY OF A
is not guilty of infidelity in the custody of prisoners PERSON NOT A PUBLIC OFFICER
(People v. Lancanan, 95 Phil 375). ART. 225
Q: What are the elements of this crime? A: The crime committed is infidelity in the custody of
documents because the money adduced as exhibits
A: partake the nature of a document and not as money.
1. The offender is a public officer
2. He abstracts, destroys, or conceals documents or Q: Is there a need for criminal intent to be held
papers liable under this Article?
3. Said documents or papers should have been
entrusted to such public officer by reason of his A: To warrant a finding of guilt for the crime of
office infidelity in the custody of documents, the act of
4. Damage, whether serious or not, to a third party removal, as a mode of committing the offense, should
or to the public interest should have been be coupled with criminal intent or illicit purpose.
caused. (Manzanaris v. People, 127 SCRA 201). However, if
the act is committed by destroying or concealing
Note: The document must be complete and one by which a
documents, proof of illicit purpose is not required.
right can be established or an obligation could be
extinguished.
The reason is that while in removal, the accused may
have a lawful or commendable motive, in destroying
Q: What is the damage contemplated under this or concealing, the offender could not have a good
Article motive. (Reyes, 2008)
A: The damage in this article may consist in mere Q: When is removal considered to be for an illicit
alarm to the public to the alienation of its confidence purpose?
in any branch of the government service (Kataniag v.
People, 74 Phil 45). A: Removal is for an illicit purpose when the intention
of the offender is to:
Note: What is punished is the breach of public trust which 1. Tamper with it
is punished. 2. Profit by it
3. Commit an act constituting a breach of trust
Q: Who may be held liable under this Article? in the official care thereof.
A: Only public officers who have been officially Q: When is this crime consummated?
entrusted with the documents or papers may be held
liable under Art. 226. A: The crime of removal of public document in breach
of official trust is consummated upon its removal or
Q: In what ways may the crime of infidelity of secreting away from its usual place in the office and
documents be committed? after the offender had gone out and locked the door,
it being immaterial whether he has or has not actually OPENING OF CLOSED DOCUMENTS
accomplished the illicit purpose for which he ART. 228
removed said document. (Kataniag v. People, 74 Phil
45) Q: What are the elements of this crime?
Q: What are the elements of this crime? A: No. Art. 228 does not require that there be
damage or intent to cause damage. (Reyes, 2008)
A:
1. Offender is a public officer Q: Suppose in the opening of the closed document,
2. He is charged with the custody of papers or the public officer abstracted its contents, what
property crime/s is/are committed?
3. These papers or property are sealed by proper
authority A: The public officer is liable under Art. 228. He is also
4. He breaks the seals or permits them to be broken liable for theft.
Note: It is the breaking of the seals and not the opening of REVELATION OF SECRETS BY AN OFFICER
a closed envelope which is punished. (Reyes, 2008) ART. 229
Q: Is there a need for damage to be liable under this Q: What are the punishable acts?
Article?
A:
A: No. It is sufficient that the seal is broken, even if 1. Revealing any secrets known to the offending
the contents are not tampered with. This article does public officer by reason of his official capacity.
not require that there be damage caused or that Elements:
there be intent to cause damage. (Reyes, 2008) a. Offender is a public officer
b. He knows of a secret by reason of his
Q: What constitutes the crime of breaking the seal? official capacity
c. He reveals such secret without authority
A: The mere breaking of the seal or the mere opening or justifiable reasons
of the document would already bring about infidelity d. Damage, great or small, is caused to the
even though no damage has been suffered by anyone public interest
or by the public at large.
Note: The “secrets” referred to in this article are those
Q: What is the rationale for penalizing the act of which have an official or public character, the revelation of
breaking the seal? which may prejudice public interest. They refer to secrets
relative to the administration of the government and not to
A: The act is being punished because the public secrets of private individuals.
officer, in breaking the seal or opening the envelope,
violates the confidence or trust reposed on him. 2. Wrongfully delivering papers or copies of papers
of which he may have charge and which should
Note: The public officer liable under this article must be not be published.
one who breaks seals without authority to do so. (Reyes, Elements:
2008) a. Offender is a public officer
b. He has charge of papers Note: The revelation will not amount to a crime under
c. Those papers should not be published this article if the secrets are contrary to public interest
d. He delivers those papers or copies or to the administration of justice.
thereof to a third person
e. The delivery is wrongful 3. He reveals such secrets without authority or
f. Damage is caused to public interest justifiable reason
Note: This article punishes minor official betrayals, Note: Revelation to any one person is necessary and
infidelities of little consequences affecting usually the sufficient; public revelation is not required. (Reyes,
administration of justice, executive of official duties or the 2008)
general interest of the public order.
Q: Should damage be suffered by the private
Q: When can the public officer be not liable under individual for the officer to be liable?
this Article?
A: No. The reason for this provision is to uphold faith
A: If the public officer is merely entrusted with the and trust in public service.
papers but not with the custody of the papers, he is
not liable under this provision. OTHER OFFENSES OR IRREGULARITIES BY PUBLIC
OFFICERS
Q: Are military secrets or those affecting national
security covered in this article? OPEN DISOBEDIENCE
ART. 231
A: No, because military secrets or those affecting
national interest are covered by the crime of Q: What are the elements of this crime?
espionage.
A:
Q: What is the difference between Revelation of 1. Offender is a judicial or executive officer
Secrets by an Officer and Infidelity in the Custody of 2. There is judgment, decision or order of a superior
Document/Papers by Removing the same? authority
3. Such judgment, decision or order was made
A: within the scope of the jurisdiction of the
INFIDELITY IN THE superior authority and issued with all the legal
REVELATION OF
CUSTODY OF formalities
SECRETS BY AN
DOCUMENTS/ PAPERS BY 4. Offender without any legal justification openly
OFFICER
REMOVING THE SAME refuses to execute the said judgment, decision or
The papers contain The papers do not contain order, which he is duty bound to obey
secrets and therefore secrets but their removal is
should not be published for an illicit purpose. Note: The refusal must be clear, manifest and decisive
and the public officer or a repeated and obstinate disobedience in the
having charge thereof fulfillment of an order.
removes and delivers
them wrongfully to a Q: How is this crime committed?
third person.
A: Open disobedience is committed when judicial or
PUBLIC OFFICER REVEALING SECRETS executive officer shall openly refuses to execute the
OF PRIVATE INDIVIDUAL judgment, decision, or order of any superior
ART. 230 authority. (Reyes, 2008)
Q: What are the elements of this crime? DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER,
WHEN SAID ORDER WAS SUSPENDED
A: BY INFERIOR OFFICER
1. Offender is a public officer ART. 232
2. He knows of the secrets of private individual by
reason of his office Q: What are the elements of this crime?
A:
1. Offender is a public officer
2. An order is issued by his superior for execution 1. Offender is elected by popular election to a
public office
Note: The order of the superior must be legal or issued 2. He refuses to be sworn in or to discharge the
within his authority, otherwise, this article does not duties of said office
apply. If the order of the superior is illegal, the 3. There is no legal motive for such refusal to be
subordinate has a legal right to refuse to execute such
sworn in or to discharge the duties of said office
order, for under the law, obedience to an order which
is illegal is not justified and the subordinate who obeys
Note: Discharge of duties becomes a matter of duty and
such order can be held criminally liable under Art. 11,
not a right.
par. 6.
A: Two crimes are committed, namely – Q: What are the elements of this crime?
maltreatment under Art.235 and physical injuries.
Maltreatment and physical injuries may not be A: For a person to be held liable, the following
complexed because the law specified that the penalty elements must be present:
for maltreatment shall be in addition to his liability 1. That the offender is holding a public office.
for the physical injuries or damage caused. 2. That the period allowed by law for him to
exercise such function and duties has
Q: To what does maltreatment refer to? already expired.
3. That the offender continues to exercise such
A: Maltreatment refers not only in physical function and duties.
maltreatment but also moral, psychological, and
other kinds of maltreatment because of the phrase Note: The officers contemplated by this article are those
“physical injuries or damage caused” and “cruel or who have been suspended, separated, declared overaged,
humiliating manner.” (Boado 2008, p. 614) or dismissed.
A: The crime committed would either be: Q: What are the elements of this crime?
1. Coercion- if the person not yet confined in
jail is maltreated to extort a confession, or A: For a person to be held liable, the following
2. Physical injuries- if the person maltreated elements must be present:
has already been arrested but is not yet 1. That the offender is holding a public office.
booked in the office of the police and put in 2. That he formally resigns from his office.
jail. 3. But before the acceptance of his resignation,
he abandons his office.
Illustration: If a Barangay Captain maltreats a
person after the latter’s arrest but before Q: When is the offense qualified?
confinement, the offense is not maltreatment
but physical injuries. The victim must actually be A: The offense is qualified when the real motive of
confined either as a convict or a detention resignation is to evade the discharge of duties of
prisoner (People v. Baring, 37 O.G. 1366). preventing, prosecuting or punishing any crime Title
One, and Chapter One of Title Three of Book Two of
ANTICIPATION OF DUTIES OF A PUBLIC OFFICE the RPC.
ART. 236
Q: What are the differences between abandonment
Q: What are the elements of this crime? of office and dereliction of duty under Art. 208?
The public officer does Note: Arts. 239-241 punishes the usurpation of powers of
not abandon his office the three branches of the Government in order to uphold
but he fails to prosecute the separation and independence of the three equal
branches.
an offense by dereliction
of duty or by malicious
tolerance of the DISOBEYING REQUEST OF DISQUALIFICATION
commission of offenses. ART. 242
3. Such person lacks the legal qualification thereof 2. Soliciting or making immoral or indecent
4. Offender knows that his nominee or employee advances to a woman under the offender’s
lacks the qualifications at the time he made the custody
nomination or appointment 3. Soliciting or making indecent advances to the
wife, daughter, sister or relative within the same
Note: “Nominate” is different from “recommend.” While degree by affinity of any person in the custody of
nomination constitutes a crime, mere recommendation the offending warden or officer
does not.
Note: The crime can be committed by mere proposal, and it
ABUSES AGAINST CHASTITY is not necessary for the woman solicited to yield to the
ART. 245 proposal of the offender.
Q: What are the elements of this crime? ANTI-GRAFT AND CORRUPT PRACTICES ACT
(R.A. 3019 AS AMENDED)
A: For a person to be held liable, the following
elements must be present: COVERAGE
1. That the offender is a public officer.
2. That he solicits or makes any indecent or Q: Who are covered under this act?
immoral advances to a woman.
3. That the offended party is a woman who is: A: All public officers which includes elective and
a. Interested in matters pending before appointive officials and employees, permanent or
the public officer for his decision or temporary, whether in the classified or unclassified or
where the public officer is required to exempt service, receiving compensation, even
submit a report or to consult with a nominal from the government.
superior officer; or
b. Under the custody of the offender, who Note: Government includes:
is a warden or other public officer 1. National government
directly charged with the care and 2. Local government
custody of prisoners or persons under 3. GOCCs
arrest; or 4. Other instrumentalities or agencies
c. The wife, daughter, sister or any relative 5. Their branches
falling within the same degree of affinity
of the person under the custody and PUNISHABLE ACTS
charge of the offender.
Q: What are the punishable acts under Sec. 3 of R.A.
Note: The mother of a person under the custody of any
public officer is not included as a possible offended party 3019?
but the offender may be prosecuted under the Sec. 28 of
R.A. 3019 (Anti-Graft and Corrupt Practices Act). A:
1. A public officer:
Q: What is the essence of the crime abuses against a. Persuading, inducing, or influencing another
chastity? public officer to:
i. Perform an act constituting a violation
A: The essence of the crime is mere making of of the Rules and Regulations duly
immoral or indecent solicitation or advances. promulgated by competent authority, or
ii. An offense in connection with the
Q: What are the ways of committing abuses against official duties of the latter
chastity?
Note: An example of the abovementioned
A: punishable act is the act of Former Comelec
Chaiman Benjamin Abalos in bribing Romulo Neri
1. Soliciting or making immoral or indecent
the amount of 200 Million Pesos in exchange for
advances to a woman interested in matters
the approval of the NBN Project. (Neri v. Senate
pending before the offending officer for decision, Committee on Accountablility of Public Officers
or with respect to which he is required to submit and Investigation, G.R. No. 180643, March 25,
a report to or consult with a superior officer 2008)
b. Allowing himself to be persuaded, induced 5. Causing any undue injury to any party, including
or influenced to commit such violation or the Government, or giving any private party any
offense. unwarranted benefits, advantage or preference
in the discharge of his official administrative or
2. Directly or indirectly requesting or receiving any judicial functions through manifest partiality,
gift, present, share, percentage, or benefit, for evident bad faith or gross inexcusable
himself or for any other person, in connection negligence.
with any contract or transaction between the Elements:
Government and any other part, wherein the a. The accused must be a public officer
public officer in his official capacity has to discharging administrative, judicial or
intervene under the law. official functions
Elements: b. He must have acted with manifest
a. The offender is a public officer partiality, evident bad faith or
b. He requested and/or received, directly inexcusable negligence
or indirectly a gift, present or c. That his action caused:
consideration i. Any undue injury to any party,
c. The gift, present or consideration was including the government, or
for the benefit of the said public officer ii. Giving any private party
or for any other person unwarranted benefits, advantage or
d. It was requested and/or received in preference in the discharge of his
connection with a contract or functions.
transaction with the Government
e. The public officer has the right to Note: Since bad faith is an element, good faith and
intervene in such contract or transaction lack of malice is a valid defense.
in his official capacity
6. Neglecting or refusing, after due demand or
Note: R.A. 3019 punishes the separate acts of: request, without sufficient justification, to act
1. Requesting; or within a reasonable time on any matter pending
2. Receiving; or before him.
3. Requesting and receiving Elements:
a. Offender is a public officer
3. Directly or indirectly requesting or receiving any b. Public officer neglected or refused to act
gift, present or other pecuniary or material without sufficient justification after due
benefit, for himself or for another, from any demand or request has been made on
person for whom the public officer, in any him
manner or capacity, has secured or obtained, or c. Reasonable time has elapsed from such
will secure or obtain, any Government permit or demand or request without the public
license, in consideration for the help given or to officer having acted on the matter
be given. pending before him
d. Such failure to act is for the purpose of:
Note: This is a special form of bribery i. Obtaining (directly or indirectly)
from any person interested in the
4. Accepting or having any member of his family matter some pecuniary or material
accept employment in a private enterprise which benefit or advantage,
has pending official business with him during the ii. Favoring his own interest,
pendency thereof or within one year after its iii. Giving undue advantage in favor of
termination. or discriminating against any other
Elements: interested party.
a. The public officer accepted, or having
any of his family member accept any Note: The neglect or delay of public function must be
employment in a private enterprise accompanied by an express or implied demand of any
b. Such private enterprise has a pending benefit or consideration for himself or another. Absent
official business with the public officer such demand, the officer shall be merely
c. It was accepted during: administratively liable.
i. The pendency thereof, or
ii. Within 1 year after its termination 7. Entering, on behalf of the Government, into any
contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the disqualified, in the discretion of the Court, from transacting
public officer profited or will profit thereby. business in any form with the Government:
Elements: 1. Person giving the gift, present, share, percentage
or benefit in par. 2 and 3.
a. Accused is a public officer
2. Person offering or giving to the public officer the
b. The public officer entered into a
employment mentioned in par. 4.
contract or transaction on behalf of the 3. Person urging the divulging or untimely release of
government the confidential information in par. 11.
c. Such contract or transaction is grossly
and manifestly disadvantageous to the Q: Mayor Adalim was charged with murder. He was
government. (the threshold of the crime) transferred from the provincial jail and detained him
at the residence of Ambil, Jr. Considering that Sec.
8. Directly or indirectly having financial or pecuniary 3(e) of R.A. No. 3019 punishes the giving by a public
interest in any business, contract or transaction officer of unwarranted benefits to a private party,
in which he: does the fact that a Mayor was the recipient of such
a. Intervenes or takes part in his official benefits take petitioners’ case beyond the ambit of
capacity; or said law?
Note: Intervention must be actual and in the A: No. In drafting the Anti-Graft Law, the lawmakers
official capacity of the public officer.
opted to use “private party” rather than “private
person” to describe the recipient of the unwarranted
b. Is prohibited by the constitution or by law benefits, advantage or preference for a reason. A
from having any interest private person simply pertains to one who is not a
public officer while a private party is more
9. Directly or indirectly becoming interested, for comprehensive in scope to mean either a private
personal gains, or having a material interest in person or a public officer acting in a private capacity
any transaction or act which: to protect his personal interest. When Mayor Adalim
a. Requires the approval of a board, panel or was transferred from the provincial jail and detained
group of which he is a member and which him at Ambil, Jr.’s residence, they accorded such
exercises discretion in such approval privilege to Adalim, not in his official capacity as a
b. Even if he votes against the same or does mayor, but as a detainee charged with murder. Thus,
not participate in the action of the board, for purposes of applying the provisions of Section
committee, panel or group. 3(e), R.A. No. 3019, Adalim was a private party (Ambil
Jr. v. People, G.R. No. 175457, July 6, 2011).
Note: Interest for personal gain shall be presumed
against those public officials responsible for the
approval of manifestly unlawful, inequitable, or Q: What is gross inexcusable negligence?
irregular transaction or acts by the board, panel or
group to which they belong. A: Gross inexcusable negligence means that the
public officer did not take any more into
10. Knowingly approving or granting any license, consideration all other circumstances.
permit, privilege or benefit in favor of:
a. Any person not qualified for or not legally Q: What is evident bad faith?
entitled to such license, permit, privilege or
benefit; or A: Evident bad faith is something that is tantamount
b. A mere representative or dummy of one to fraud or ill motivated or with furtive design. It
who is not so qualified or entitled. connotes a manifest deliberate intent on the part of
the accused to do wrong or cause damage.
11. a. Divulging valuable information of a:
i. Confidential character Q: What does the term undue injury mean?
ii. Acquired by his office or by him on
account of his official position to A: The term “undue injury” in the context of Sec. 3 (e)
unauthorized person of the Anti-Graft and Corrupt Practices Act punishing
b. Releasing such information in advance of its the act of “causing undue injury to any party,” has a
authorized released date. meaning akin to that civil law concept of actual
damage (Guadines v. Sandiganbayan and People, G.R.
Note: The ff. persons shall also be punished with the public No. 164891, June 6, 2011).
officer and shall be permanently or temporarily
Q: In violation of Sec. 3(e) of R.A. No. 3019, “causing 2. For any person to knowingly induce or cause
any undue injury to any party, including the any public official to commit any of the
Government”; and “giving any private party any offenses defined in Sec. 3. (Sec.6)
unwarranted benefits, must both be present to
convict the accused of the said crime? Q: What are the other prohibited acts for the
relatives?
A: This Court has clarified that the use of the
disjunctive word “or” connotes that either act of (a) A: GR: It shall be unlawful for the spouse or relative
rd
“causing any undue injury to any party, including the by consanguinity or affinity within 3 civil degree of
Government”; and (b) “giving any private party any the President, Vice President, Senate President, or
unwarranted benefits, advantage or preference,” Speaker of the House to intervene directly or
qualifies as a violation of Sec. 3(e) of R.A. No. 3019, as indirectly in any business, transaction, contract or
amended. The use of the disjunctive “or” connotes application with the government.
that the two modes need not be present at the same
time. In other words, the presence of one would XPN: This will not apply to:
suffice for conviction (Alvarez v. People, G.R. No. 1. Any person who prior to the assumption of
192591, June 29, 2011). office of any of the above officials to whom
he is related, has been already dealing with
Q: Is the proof of quantum of damage necessary to the Government along the same line of
prove the crime? business
2. Any transaction, contract or application
A: The Court En Banc held in Fonacier v.
already existing or pending at the time of
Sandiganbayan, 238 SCRA 655, that proof of the
such assumption of public office
extent or quantum of damage is not essential. It is
sufficient that the injury suffered or benefits received 3. Any application filed by him the approval of
can be perceived to be substantial enough and not which is not discretionary on the part of the
merely negligible. Under the second mode of the official or officials concerned but depends
crime defined in Section 3(e) of R.A. No. 3019 upon compliance with requisites provided by
therefore, damage is not required. In order to be law, or rules or regulations issued pursuant
found guilty under the second mode, it suffices that to law
the accused has given unjustified favor or benefit to
4. Any act lawfully performed in an official
another, in the exercise of his official, administrative
capacity or in the exercise of a profession.
or judicial functions (Alvarez v. People, G.R. No.
192591, June 29, 2011).
EXCEPTIONS
Q: What are the prohibited acts for private
individuals? Q: What acts are excepted from the provisions of
R.A. 3019?
A: It shall be unlawful:
1. For any person having family or close A:
personal relation with any public official to 1. Unsolicited gifts or presents of small or
capitalize or exploit or take advantage of insignificant value offered or given as a mere
such family or personal relation, by directly ordinary token of gratitude of friendship
or indirectly requesting or receiving any according to local customs and usage.
present, gift, material or pecuniary
advantage from any person having some 2. Practice of any profession, lawful trade or
business, transaction, application, request or occupation by any private persons or by any
contract with the government, in which such public officer who under the law may
public officer has to intervene (Sec. 4) legitimately practice his profession, trade or
occupation during his incumbency except where
Note: Family relations include the spouse or relatives the practice of such profession, trade or
rd
by consanguinity or affinity within 3 civil degree.
occupation involves conspiracy with any other
person or public official to commit any violations
Close Personal relations include:
a. Close personal friendship of said Act. (Sec. 14)
b. Social and fraternal relations
c. Personal employment
PLUNDER PATTERN
A: It is a crime committed by a public officer by A: Pattern refers to every overt or criminal acts
himself or in connivance with members of his family, indicative of the overall unlawful scheme or
relatives by affinity or consanguinity, business conspiracy for purposes of establishing the crime of
associates, subordinates or other persons, by plunder.
amassing, accumulating or acquiring ill-gotten wealth
through a combination or series of overt acts in the Note: The said acts are mentioned only as predicate acts of
aggregate amount or total value of at least P50 the crime of plunder and the allegations relative thereto
million. are not to be taken or to be understood as allegations
charging separate criminal offenses punished under the
RPC, the Anti-Graft and Corrupt Practices Act and Code of
Note: There must be at least 2 predicate crimes committed
Conduct and Ethical Standards for Public Officials and
before one can be convicted of plunder.
Employees. It bears stressing that the predicate acts
merely constitute acts of plunder and are not crimes
Q: Is the crime of plunder mala prohibita or mala in separate and independent of the crime of plunder (Serapio
se crime? v. Sandiganbayan, G.R. No. 148468, Jan. 28, 2003).
A: The legislative declaration in R.A. No. 7659 that HUMAN SECURITY ACT
plunder is a heinous offense implies that it is a malum (R.A. 9372)
in se. For when the acts punished are inherently
immoral or inherently wrong, they are mala in se and
Q: What is the procedure when a suspected
it does not matter that such acts are punished in a
terrorist is arrested?
special law, especially since in the case of plunder the
predicate crimes are mainly mala in se. Indeed, it
A: Upon arrest and prior to actual detention, the law
would be absurd to treat prosecutions for plunder as
enforcement agent must present the suspected
though they are mere prosecutions for violations of
terrorist before any judge at the latter’s residence or
the Bouncing Check Law (B.P. Blg. 22) or of an
office nearest the place of arrest, at any time of the
ordinance against jaywalking, without regard to the
day or night. The judge shall, within three days,
inherent wrongness of the acts (Estrada v.
submit a written report of the presentation to the
Sandiganbayan, G.R. No. 148560, Nov. 2, 2001).
court where the suspect shall have been charged.
Immediately after taking custody of a person charged
SERIES/COMBINATION
or suspected as a terrorist, the police or law
enforcement personnel shall notify in writing the
Q: What is combination? judge of the nearest place of apprehension or arrest,
but if the arrest is made during non-office days or
A: Combination refers to at least two different acts in after office hours, the written notice shall be served
the above enumeration. at the nearest residence of the judge nearest the
place of arrest. Failure to notify in writing is punished
Q: What is series? by 10 years and one day to 12 years of imprisonment.
A: Series refers to at least 3 overt acts covered by the Q: May a law enforcement officer arrest a
enumeration. suspected terrorist?
Q: Is it necessary to prove each and every criminal A: Yes. A suspected terrorist maybe arrested by any
act done by the accused to commit the crime of law enforcement personnel provided:
plunder?
1. The law enforcement agent was duly
A: No. It is sufficient to establish beyond reasonable authorized in writing by the Anti-Terrorism
doubt a pattern of overt or criminal acts indicative of Council
the overall unlawful scheme or conspiracy. (Sec. 4) 2. The arrest was the result of a surveillance
or examination of bank deposits. (Sec.7)
FALSE PROSECUTION
Conspiracy cannot be Conspiracy is applicable naked, having sexual intercourse with his wife,
applied because because the Cleopatra. Pedro shot and killed Julius. Cleopatra
relationship by the circumstance of age fled from the bedroom but Pedro ran after her and
offender and the victim pertains to the victim; shot and killed her. Is Pedro criminally liable for the
is the essential element. only one information death of Julius and Cleopatra?
Separate information shall be prepared for all
must be filed for the the conspirators. A: Under Article 247 of the RPC, Pedro will be
parricide and the penalized by Destierro for killing both Julius and
murder or homicide on Cleopatra. He is also civilly liable. However, if what
the part of the non- was inflicted was only less serious or slight physical
relative conspirator. injuries (not death or serious physical injury), there is
no criminal liability.
To conceal dishonour is To conceal dishonour
not mitigating. committed by pregnant
Q: What are the two stages contemplated under Art.
woman or maternal
247?
grandparent is
mitigating.
A:
1. When the offender surprised the other spouse
with a paramour or mistress in the act of
Q: What are the cases of parricide not punishable by
committing sexual intercourse.
reclusion perpetua to death?
Note: Surprise means to come upon suddenly or
A: unexpectedly.
1. Parricide through negligence (Art. 365)
2. Parricide by mistake (Art. 249) 2. When the offender kills or inflicts serious physical
3. Parricide under exceptional circumstance injury upon the other spouse and paramour
(Art. 247) while in the act of intercourse, or immediately
thereafter, that is, after surprising.
DEATH OR PHYSICAL INJURIES INFLICTED UNDER
EXCEPTIONAL CIRCUMSTANCES Note: “Immediately thereafter” means that the
ART. 247 discovery, escape, pursuit and the killing must all
form parts of one continuous act. The act done
Q: What are the requisites? must be a direct result of the outrage of the
cuckolded spouse.
A:
1. A legally married person or a parent surprises his Q: Is it necessary that the spouse actually saw the
spouse or daughter, the latter under 18 years of sexual intercourse?
age and living with him, in the act of committing
sexual intercourse. A: No. It is enough that he/she surprised them under
such circumstances that no other reasonable
2. He or she kills any or both of them or inflicts
conclusion can be inferred but that a carnal act was
upon any or both of them any serious physical
being performed or has just been committed.
injury in the act or immediately thereafter.
3. He has not promoted or facilitated the Illustration: A bar examinee, who killed the
prostitution of his wife or daughter, or that he or paramour of his wife in a mahjong session, an
she has not consented to the infidelity of the hour after he had surprised them in the act of
other spouse. sexual intercourse in his house, since at that
time, he had to run away and get a gun as the
Note: There is no criminal liability when less serious or paramour was armed, was granted the benefits
slight physical injuries are inflicted. The presence of the of this article. (People v. Abarca, G.R. No. 74433,
requisites enumerated above is an absolutory cause. Sept.14, 1987)
Q: Pedro, a policeman, had slight fever and decided Q: The accused was shocked to discover his wife and
to go home early. However, he was shocked and their driver sleeping in the master’s bedroom.
enraged when, after opening the door of his Outraged, the accused got his gun and killed both.
bedroom, he saw his brother, Julius completely Can the accused claim that he killed the two under
exceptional circumstances? (2011 Bar Question)
A: No, since the accused did not catch them while A: No. Inflicting death or physical injuries under
having sexual intercourse. exceptional circumstances is not murder. The
offender cannot therefore be held liable for
Q: A and B are husband and wife. One night, A, a frustrated murder for the serious injuries suffered by
security guard, felt sick and cold, hence, he decided third persons. It does not mean, however, that the
to go home around midnight after getting offender is totally free from any responsibility. The
permission from his duty officer. Approaching the offender can be held liable for serious physical
masters bedroom, he was surprised to hear sighs injuries through simple imprudence or negligence
and giggles inside. He opened the door very (People v. Abarca).
carefully and peeped inside where he saw his wife B
having sexual intercourse with their neighbor C. A MURDER
rushed inside and grabbed C but the latter managed ART. 248
to wrest himself free and jumped out of the
window. A followed suit and managed to catch C Q: What are the elements of murder?
again and after a furious struggle, managed also to
strangle him to death. A then rushed back to their A:
bedroom where his wife B was cowering under the 1. That a person was killed
bed covers. Still enraged, A hit B with fist blows and 2. That the accused killed him
rendered her unconscious. The police arrived after 3. That the killing was attended by any of the
being summoned by their neighbors and arrested A qualifying circumstances mentioned in Art. 248
who was detained, inquested and charged for the 4. That the killing is not parricide or infanticide
death of C and serious physical injuries of B.
1. Is A liable for C’s death? Why? Q: What is murder?
2. Is A liable for B’s injuries? Why? (2001 Bar
Question) A: Murder is the unlawful killing of any person which
is not parricide or infanticide, provided that any of
A: the following circumstances is present:
1. Yes. A is liable for C’s death but under the
exceptional circumstances in Art. 247 of the RPC 1. With treachery, taking advantage of superior
where only destierro is prescribed. Art. 247 strength, with the aid of armed men, or
governs since A surprised his wife B in the act of employing means to weaken the defense, or of
having sexual intercourse with C, and the killing means or persons to insure or afford impunity.
of C was immediately thereafter as the discover,
escape, pursuit and killing of C form one Note: If committed “by a band”, it is still murder
continuous act. (US v. Vargas, 2 Phil 194) because of the circumstance of “with the aid of armed
2. Likewise, A is liable for the serious physical men.”
injuries he inflicted on his wife but under the
same exceptional circumstances in Art. 247 of 2. In consideration of a price, reward or promise.
the RPC for the same reason.
Note: If this aggravating circumstance is present in the
Q: Must the parent be legitimate? commission of the crime, it affects not only the person
who received the money or reward but also the
person who gave it.
A: The law does not distinguish. It is not necessary
that the parent be legitimate.
3. By means of inundation, fire, poison, explosion,
shipwreck, stranding on a vessel, derailment or
Q: Does this article apply even if the daughter is
assault upon a railroad, fall of an airship, by
married?
motor vehicles, or with the use of any other
means involving great waste and ruin.
A: No, this article applies only when the daughter is
single because while under 18 years old and single,
Note: If the primordial criminal intent is to kill, and fire
she is under parental authority. If she is married, her was only used as a means to do so, it is murder. But if
husband alone can claim the benefits of Art. 247. the primordial intent is to destroy the property
through fire and incidentally somebody died, it is
Q: When third persons are injured in the course of arson.
the firing at the paramour, will the offending spouse
be free from criminal liability? 4. On occasion of any of the calamities enumerated
Note: In paragraphs 1,2,4,5 and 6, it is not necessary that A: For alevosia to qualify the crime of murder, it
there is intent to kill. must be shown that:
1. The malefactor employed such means,
Q: What among the circumstances is applicable only method or manner of execution to ensure
to murder? his or her safety from the defensive or
retaliatory acts of the victim; and
A: Outraging or scoffing at the person or corpse of 2. The means, method and manner of
the victim. This is the only instance that does not fall execution were deliberately adopted (People
under Art. 14 on aggravating circumstances in v. Concillado, G.R. No. 181204, November 28,
general. 2011).
a hammer. A struggle ensued and Vitalicio was hit purpose and unity in the execution of the unlawful
several times. Vitalicio proceeded to his house and objective are essential to establish the existence of
was told by his wife that Pasion was found dead in conspiracy. In the instant case, Bokingco had already
the kitchen. killed Pasion even before he sought Col. Their moves
were not coordinated because while Bokingco was
Elsa also testified that while she was in the master’s killing Pasion, Col was attempting to rob the
bedroom, she heard banging sounds and so she pawnshop. At the most, Col’s actuations can be
went down. Before reaching the kitchen, Col equated to attempted robbery. The fact that Elsa
blocked her way. When asked by Elsa why he was heard Bokingco call out to Col that Pasion had been
inside their house, Col suddenly ran towards her, killed and that they had to leave the place does not
sprayed tear gas on her eyes and poked a sharp prove that they acted in concert towards the
object under her chin. Col then instructed her to consummation of the crime. It only proves, at best,
open the vault of the pawnshop but Elsa informed that there were two crimes committed
him that she does not know the combination lock. simultaneously and they were united in their efforts
Before they reached the door, Elsa saw Bokingco to escape from the crimes they separately
open the screen door and heard him tell Col: “tara, committed. (People v Bokingco and Col, G.R. No.
patay na siya.” Col immediately let her go and ran 187536, August 10, 2011)
away with Bokingco. Bokingco and Col were later
charged with the crime of murder. Q: Where the qualifying circumstances were not
those proved in the trial, can the accused be
a. Can treachery be appreciated in this case? convicted of murder?
b. Can evident premeditation be appreciated in this
case? A: No, because any of the qualifying circumstances
c. Can Col be liable as a conspirator? under Art. 248 is an ingredient of murder, not merely
qualifying circumstance.
A:
a. Treachery cannot be appreciated to qualify the Note: The circumstances must be both alleged and proved
crime to murder in the absence of any proof of the in the trial, otherwise, they cannot be considered because
manner in which the aggression was commenced. the right of the accused to be informed of the charge
against him will be violated.
For treachery to be appreciated, the prosecution
must prove that at the time of the attack, the victim
was not in a position to defend himself, and that the Q: What is the difference between cruelty as a
offender consciously adopted the particular means, qualifying circumstance of murder (Art. 248), and
method or form of attack employed by him. Nobody cruelty as a generic aggravating circumstance under
witnessed the commencement and the manner of the Art. 14?
attack. While the witness Vitalicio managed to see
Bokingco hitting something on the floor, he failed to A:
see the victim at that time. CRUELTY UNDER CRUELTY UNDER
ART. 248 ART. 14
b. To warrant a finding of evident premeditation, the Aside from cruelty, any Requires that the victim
prosecution must establish the confluence of the act that would amount to be alive, when the cruel
following requisites: (a) the time when the offender scoffing or decrying the wounds were inflicted
was determined to commit the crime; (b) an act corpse of the victim will and, therefore, must be
manifestly indicating that the offender clung to his qualify the killing to evidence to that effect.
determination; and (c) a sufficient interval of time murder.
between the determination and the execution of the
crime to allow him to reflect upon the consequences HOMICIDE
of his act. It is indispensable to show how and when ART. 249
the plan to kill was hatched or how much time had
elapsed before it was carried out. In the absence of Q: What is homicide?
proof as to how and when the plan to kill was
devised, evident premeditation cannot be A: Homicide is the unlawful killing of any person,
appreciated. which is neither parricide, murder, nor infanticide.
c. Conspiracy exists when two or more persons come Q: What are the elements of homicide?
to an agreement to commit an unlawful act. Unity of
A: Evidence of intent to kill is important only in Note: This ruling is applicable only when there is no
attempted or frustrated homicide since intent to kill conspiracy between or among the accused. When there is
is conclusively presumed when the victim dies. It is conspiracy, it is not necessary to apply this ruling because in
such case, the act of one is the act of all.
generally shown by the kind of weapon used, the
parts of the victim's body at which it was aimed, and
by the wounds inflicted. The element of intent to kill Q: If the offender used an unlicensed firearm in
is incompatible with imprudence or negligence. committing murder or homicide, will it be
considered as qualified illegal possession of firearm?
Q: How can intent to kill be proved?
A: No, the use of the unlicensed firearm is not
A: Evidence to prove intent to kill in crimes against considered as separate crime but shall be appreciated
persons may consist, inter alia, of as a mere aggravating circumstance (People v.
1. The means used by the malefactors; Avecilla, G.R. No. 117033. February 15, 2001).
2. The nature, location and number of wounds
sustained by the victim; Q: What is an accidental homicide?
3. The conduct of the malefactors before, at
the time of, or immediately after the killing A: It is the death of a person brought about by a
of the victim; lawful act performed with proper care and skill, and
4. The circumstances under which the crime without homicidal intent.
was committed; and
5. The motive of the accused (People v. Lanuza EX: In a boxing bout where the game is freely
y Bagaoisan, G.R. No. 188562, August 17, permitted by law or local ordinance, and all the
2011). rules of the game have been observed, the
resulting death or injuries cannot be deemed
Q: X, a pharmacist, compounded and prepared the felonious, since the playing of the game is a
medicine on prescription by a doctor. X erroneously lawful act.
used a highly poisonous substance. When taken by
the patient, the latter nearly died. The accused was Q: Supposing Pedro was found on the street dead
charged with frustrated homicide through reckless with 30 stab wounds at the back. A witness said that
imprudence. Is the charge correct? he saw Juan running away carrying a bladed
weapon. What crime was committed by Juan?
A: No, it is error to convict the accused of frustrated
homicide through reckless imprudence. He is guilty of A: Homicide and not murder. Even if the stab wounds
physical injuries through reckless imprudence. The were found on the back of Pedro, it is not conclusive
element of intent to kill in frustrated homicide is of the presence of the qualifying circumstance of
incompatible with negligence or imprudence. Intent treachery. Further, the witness merely saw Juan
running. He must have seen the infliction of the 1. There be several persons.
wound. 2. That they did not compose groups organized for
the common purpose of assaulting and attacking
Note: For treachery to be appreciated, it must be present each other reciprocally, otherwise, they may be
and seen by the witness right at the inception of the attack held liable as co-conspirators.
(People v. Concillado, G.R. No. 181204, November 28, 3. That these several persons quarreled and
2011).
assaulted one another in a confused and
tumultuous manner;
Q: What does corpus delicti in crimes against 4. Someone was killed in the course of the affray.
persons means?
Note: The person killed in the course of the affray
A: Corpus delicti means the actual commission of the need not be one of the participants in the affray. He
crime charged. It means that a crime was actually could be a mere passerby.
perpetrated, and does not refer to the body of the
murdered person. 5. It cannot be ascertained who actually killed the
deceased.
Note: In all crimes against persons in which the death of
the victim is an element of the offense, there must be Note: If the one who inflicted the fatal wound is
satisfactory evidence of (1) the fact of death and (2) the known, the crime is not homicide in tumultuous affray.
identity of the victim. It is a case of homicide.
PENALTY FOR FRUSTRATED PARRICIDE, 6. The person or persons who inflicted serious
MURDER OR HOMICIDE physical injuries or who used violence can be
ART. 250 identified.
Q: What are the penalties imposable under Art. 250? Note: This article does not apply if there is concerted fight
between two organized groups.
A: The Court may impose a penalty two degrees
lower for frustrated parricide, murder or homicide. In Q: What brings about the crime of tumultuous
cases of attempted parricide, murder or homicide affray?
then the Court may impose a penalty three degrees
lower. A: It is the inability to ascertain the actual
perpetrator, not the tumultuous affray itself, that
Note: This provision is permissive, NOT MANDATORY. brings about the crime. It is necessary that the very
However an attempt on, or a conspiracy against, the life of person who caused the death cannot be known, and
the Chief Executive, member of his family, any member of not that he cannot be identified.
his cabinet or members of latter's family is punishable by
death. (PD 1110-A) Q: What is the crime committed if the person who
caused the death is known but he cannot be
DEATH CAUSED IN A TUMULTUOUS AFFRAY identified?
ART. 251
A: If he is known but only his identity is not known,
Q: What is a tumultuous affray? he will be charged for the crime of homicide or
murder under a fictitious name not death in a
A: Tumultuous affray means a commotion in a tumultuous affray.
tumultuous and confused manner, to such an extent
that it would not be possible to identify who the killer Q: Who are liable for death in a tumultuous affray?
is if death results, or who inflicted the serious
physical injuries, but the person or persons who used A:
violence are known. 1. The person or persons who inflicted the serious
physical injuries are liable.
Note: Tumultuous affray exists when at least four persons 2. If it is not known who inflicted the serious
took part. physical injuries on the deceased, all the persons
who used violence upon the person of the victim
Q: What are the elements of this crime? are liable, but with lesser liability.
A:
Q: At around 9:00 p.m., M left his house together Q: Who may be a victim under Art. 252?
with R, a visitor from Bacolod City, to attend a public
dance at Rizal St., Mag-asawang Taytay, Hinigaran, A: The victim must be a participant in the affray.
Negros Occidental. Two (2) hours later, they
decided to have a drink. Not long after, M left to Q: Who may be liable?
look for a place to relieve himself. According to R, he
was only about 3 meters from M who was relieving A: Only those who used violence are punished,
himself when a short man walked past him, because if the one who caused the physical injuries is
approached M and stabbed him at the side. M known, he will be liable for the physical injuries
retaliated by striking his assailant with a half-filled actually committed, and not under this article.
bottle of beer. Almost simultaneously, a group of 7
men, ganged up on Danilo and hit him with assorted GIVING ASSISTANCE TO SUICIDE
weapons, i.e., bamboo poles, stones and pieces of ART. 253
wood. R, who was petrified, could only watch
helplessly as M was being mauled and overpowered Q: What are the punishable acts?
by his assailants. M fell to the ground and died
before he could be given any medical assistance. A:
What crime is committed in the given case? 1. Assisting another to commit suicide, whether the
A: The crime committed is Murder and not Death suicide is consummated or not.
Caused in Tumultuous Affray. A tumultuous affray 2. Lending assistance to another to commit suicide
takes place when a quarrel occurs between several to the extent of doing the killing himself.
persons who engage in a confused and tumultuous
manner, in the course of which a person is killed or Q: Is a person who attempts to commit suicide
wounded and the author thereof cannot be criminally liable?
ascertained. The quarrel in the instant case is
between a distinct group of individuals, one of whom A: No, because society has always considered a
was sufficiently identified as the principal author of person who attempts to kill himself as an unfortunate
the killing, as against a common, particular being, a wretched person more deserving of pity
victim. (People v. Unlagada, G.R. No. 141080, rather than of penalty. However, he may be held
September 17, 2002). liable for the crime of disturbance of public order if
indeed serious disturbance of public peace occurred
PHYSICAL INJURIES INFLICTED IN due to his attempt to commit suicide.
TUMULTUOUS AFFRAY
ART. 252 Q: Is assistance to suicide the same as euthanasia?
Q: What are the elements of this crime? A: No. Euthanasia is the practice of painlessly putting
to death a person suffering from some incurable
A: disease. Euthanasia is not lending assistance to
1. There is a tumultuous affray as referred to in the suicide. The person killed does not want to die. A
preceding article doctor who resorts to euthanasia of his patient may
2. A participant or some participants thereof suffer be liable for murder.
serious physical injuries or physical injuries of a
less serious nature only. DISCHARGE OF FIREARM
3. Person responsible thereof cannot be identified ART. 254
4. All those who appear to have used violence upon
the person of the offended party are known. Q: What are the elements of the crime?
A: The physical injury should be serious or less serious Note: There must be no intent to kill. The purpose of the
and resulting from a tumultuous affray. If the physical offender is only to intimidate or frighten the offended
injury sustained is only slight, this is considered as party. This does not apply to police officers in the
inherent in a tumultuous affray. performance of duties.
Q: Can the crime of illegal discharge be committed Note: Although the child is born alive if it could not sustain
through imprudence? an independent life when it was killed there is no
infanticide.
A: No, because it requires that the discharge must be
directed at another. Q: Is concealment of dishonor an exculpatory
circumstance in the crime of infanticide?
Note: The crime is discharge of firearm even if the gun was
not pointed at the offended party when it was fired as long A: No. It merely lowers the penalty.
as it was initially aimed by the accused at or against the
offended party. Note: Only the mother and maternal grandparents of the
child are entitled to the mitigating circumstance of
Q: Is the discharge towards the house of the victim a concealing dishonor. The mother who claims concealing
discharge of firearm? dishonor must be of good reputation.
A: No. Firing a gun at the house of the offended Q: What are the distinctions between infanticide
party, not knowing in what part of the house the and parricide if the offender is the blood relative,
people were, is only alarm under Art. 155. e.g. parent of the child?
If the offender is not so related to the child, although the INTENTIONAL ABORTION
crime is still infanticide, the penalty corresponding to
ART. 256
murder shall be imposed.
A: Note: But if the expelled fetus could sustain life outside the
1. The person who actually caused the abortion mother’s womb, the crime is already infanticide.
under Art. 256
2. The pregnant woman if she consented under Art. Q: If the abortive drug used in abortion is a
258 prohibited drug or regulated drug under R.A. 9165
or the Dangerous Drugs Act, what are the crimes
Note: Abortion is not a crime against the woman but committed?
against the fetus. The offender must know of the pregnancy
because the particular criminal intention is to cause an A: The crimes committed are intentional abortion and
abortion. violation of R.A. 9165.
unintentional abortion, as there was no violence order to incur criminal liability for the result not
exerted. If he intended the abortion however, intended, one must be committing a felony, and
the crime committed is intentional abortion. suicide is not a felnoy. Unintentional abortion is not
committed since it is punishable only when caused by
Note: The force or violence must come from another. Mere violence and not by poison. There is also no
intimidation is not enough unless the degree of intentional abortion since the intention of the woman
intimidation already approximates violence. was to commit suicide and not to abort the fetus.
Q: Is the crime of unintentional abortion committed
ABORTION PRACTICED BY THE WOMAN
if the pregnant woman aborted because of
HERSELF OR BY HER PARENTS
intimidation?
ART. 258
A: No. The crime committed is not unintentional
abortion because there is no violence. The crime Q: What are the elements of this crime?
committed is light threats.
A:
Q: Suppose a quarrel ensued between a husband 1. There is a pregnant woman who has suffered
and a wife who was pregnant at that time. Violence abortion
was resorted to by the husband which resulted to 2. Abortion is intended
abortion and death of his wife, what is the crime 3. Abortion is caused by:
committed? a. The pregnant woman herself
b. Any other person, with her consent
A: The crime committed is complex crime of parricide c. Any of her parents, with her consent for the
with unintentional abortion (People v. Salufrania, 159 purpose of concealing her dishonor
SCRA 401).
Note: Under a and c above, the woman is liable under
Art. 258 while the third person under b is liable under
Note: If violence was employed on the pregnant woman by
Art. 256.
a third person, and as a result, the woman and the fetus
died, there is complex crime of homicide with unintentional
abortion. Q: Is the liability mitigated when the purpose of
abortion is to conceal dishonor?
Q: Suppose a pregnant woman decided to commit
suicide by jumping out of the window of the building A: The liability of the pregnant woman is mitigated if
but landed on a passerby, she did not die but the purpose for abortion is to conceal her dishonor.
abortion followed. Is she liable for unintentional However, if it is the parents who caused the abortion
abortion? for the purpose of concealing their daughter’s
dishonor, there is no mitigation, unlike in infanticide.
A: No, because what is contemplated is that the force
or violence must come from another person. In this ABORTION PRACTICED BY PHYSICIAN OR MIDWIFE
case, when the woman tried to commit suicide but AND DISPENSING OF ABORTIVES
did not die, the attempt to commit suicide is not a ART. 259
felony under the RPC.
Q: What are the elements of this crime as to the
Q: Suppose the pregnant woman employed violence physician or midwife?
to herself specifically calculated to bring about
abortion, what crime is committed? A:
1. There is a pregnant woman who has suffered
A: The woman is liable for intentional abortion under abortion
Art. 258.
2. Abortion is intended
Q: What is the criminal liability, if any, of a
pregnant woman who tried to commit suicide by Note: If abortion was not intended or was a result of a
poison, but she did not die and the fetus in her mistake, no crime is committed. If the woman is not
womb was expelled instead? (2012 Bar Question) really pregnant, an impossible crime is committed.
A: The woman who tried to commit suicide incurs 3. The offender must be a physician or midwife who
no criminal liability for the result not intended. In causes or assisted in causing the abortion
4. Said physician or midwife takes advantage of his since there was no seconds who fixed the
or her scientific knowledge or skill. conditions of the fight in a more or less formal
manner. If one is killed, the crime committed is
Q: What are the elements of this crime as to the homicide.
pharmacists?
Q: Who are the persons liable?
A:
1. Offender is a pharmacists A: Persons who killed or inflicted physical injuries
2. There is no proper prescription from a physician upon his adversary, or both combatants will be liable
3. Offender dispenses an abortive as principals while the seconds as accomplices.
Illustration: If the accused and the deceased, Q: Who are the persons liable?
after a verbal heated argument in the bar, left
the place at the same time and pursuant to their A: The challenger and the instigators.
agreement, went to the plaza to fight each other
to death with knives which they bought on the
way, the facts do not constitute the crime of duel
2. Intentionally making other mutilation, that is, by 2. When the injured person:
lopping or clipping off of any part of the body of a. Loses the use of speech or the power to hear
the offended party, other than the essential or to smell, or loses an eye, a hand, a foot,
organ for reproduction, to deprive him of that an arm or a leg; or
part of his body. b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which
Note: In the first kind of mutilation, the castration must be he was therefore habitually engaged in
made purposely. Otherwise, it will be considered as consequence of the physical injuries
mutilation of the second kind (mayhem). inflicted.
Q: Must mutilation be intentional? Note: Loss of hearing must involve both ears.
Otherwise, it will be considered as serious physical
A: Yes, mutilation must always be intentional. Thus, it injuries under par. 3. Loss of the power to hear in the
cannot be committed through criminal negligence. right ear is merely considered as merely loss of use of
some other part of the body.
Note: There must be no intent to kill otherwise the offense
is attempted or frustrated homicide or murder as the case 3. When the injured :
may be. a. Becomes deformed;
b. Loses any other member of his body; or
Q: Suppose there is no intent to deprive the victim c. Loses the use thereof; or
of the particular part of the body, what is the crime d. Becomes ill or incapacitated for the
committed? performance of the work in which he was
habitually engaged for more than 90 days, in
A: The crime is only serious physical injury. consequence of the physical injuries
inflicted.
4. When the injured person becomes ill or Q: What are the qualifying circumstances of serious
incapacitated for labor for more than 30 days physical injuries?
(but must not be more than 90 days), as a result
of the physical injuries inflicted. A:
1. If it is committed by any of the persons referred
Note: When the category of the offense of serious
to in the crime of parricide.
physical injuries depends on the period of the illness or
2. If any of the circumstances qualifying murder
incapacity for labor, there must be evidence of the
length of that period. Otherwise, the offense will be attended its commission.
considered as slight physical injuries.
Illustration: A father who inflicts serious physical
Q: What is the nature of physical injuries? injuries upon his son will be liable for qualified
serious physical injuries.
A: The crime of physical injuries is a formal crime
because it is penalized on the basis of the gravity of Note: The qualified penalties are not applicable to
parents who inflict serious physical injuries upon their
the injury sustained. What is punished is the
children by excessive chastisement.
consequence and not the stage of execution. Hence,
it is always consummated. It cannot be committed in
Q: What distinguishes physical injuries from
the attempted and frustrated stage.
mutilation?
Q: If the offender repeatedly uttered “I will kill you”
A: Mutilation must have been caused purposely and
but he only keeps on boxing the offended party and
deliberately to lop or clip off some part of the body so
injuries resulted, what is the crime committed?
as to deprive the offended party of such part of the
body. This intention is absent in other kinds of
A: The crime is only physical injuries not attempted or
physical injuries.
frustrated homicide.
PHYSICAL INJURIES MUTILATION
Q: How is intent to kill determined?
No special intention to There is special intention
A: Intent to kill must be manifested by overt acts. It clip off some part of the to clip off some part of the
cannot be manifested by oral threats. body so as to deprive the body so as to deprive him
offended party of such of such part.
Q: What are the requisites of deformity? part.
Note: The disjunctive “or” above means that it is either SLIGHT PHYSICAL INJURIES AND MALTREATMENT
incapacity for work for 10 days or more or the necessity of ART. 266
medical attendance for an equal period which will make the
crime of less serious physical injuries. Q: What are the kinds of slight physical injuries and
maltreatment?
In the absence of proof as to the period of the offended
party’s incapacity for labor or required medical attendance,
the offense committed is only slight physical injuries. The A:
phrase “shall require” refers to the period of actual medical 1. Physical injuries which incapacitated the
attendance. offended party for labor from 1 to 9 days, or
required medical attendance during the same
2. Physical injuries must not be those described in period
the preceding articles.
2. Physical injuries which did not prevent the
offended party from engaging in his habitual
Note: Although the wound required medical attendance for
only 2 days, yet the injured was prevented from attending
work or which did not require medical
to his ordinary labor for a period of twenty-nine days, the attendance.
physical injuries are denominated as less serious (US v. 3. Ill-treatment of another by deed without causing
Trinidad, 4 Phil. 152).
any injury
Q: What are the qualifying circumstances of less
serious physical injuries? Note: Slapping the offended party is a form of ill-treatment
which is a form of slight physical injuries.
A:
1. When there is manifest intent to insult or offend Q: A disagreement ensued between Cindy and
the injured person Carina which led to a slapping incident. Cindy gave
2. When there are circumstances adding ignominy twin slaps on Carina’s beautiful face. What is the
to the offense crime committed by Cindy?
3. When the victim is the offender’s parents,
ascendants, guardians, curators, or teachers. A:
1. Slander by deed – if the slapping was done to
cast dishonor to the person slapped.
2. Slight physical injuries by ill-treatment – if the However, there should be evidence of at least the slightest
slapping was done without the intention of penetration of the sexual organ and not merely a brush or
casting dishonor, or to humiliate or embarrass graze of its surface (People v. Dela Cruz, G.R. No. 180501,
December 24, 2008).
the offended party out of a quarrel or anger.
Q: What are the presumptions in Art. 266? Q: What are the elements of rape by a man who
shall have carnal knowledge of a woman?
A:
1. In the absence of proof to the period of the A:
offended party's incapacity for labor or of the 1. Offender is a man
required medical attendance, the crime 2. Offender had carnal knowledge of the woman
committed is presumed as slight physical injuries. 3. Such act is accomplished under any of the
2. following circumstances:
3. When there is no evidence to establish the a. Through force, threat or intimidation
gravity or duration of actual injury or to show the b. When the offended party is deprived of
causal relationship to death, the offense is slight reason or is otherwise unconscious
c. By means of fraudulent machination or
physical injuries.
grave abuse of authority
Q: Suppose the charge contained in the information d. When the offended party is under 12 years
filed was for slight physical injuries because it was of age or is demented, even though none of
believed that the wound suffered would require the above circumstances mentioned above
medical attendance for eight (8) days only, but be present.
during preliminary investigation it was found out
that the healing would require more than thirty (30) Q: What are the elements of rape by sexual assault?
days, should an amendment of the charge be
allowed? A:
1. Offender commits an act of sexual assault
A: Yes. The supervening event can still be the subject 2. The act of sexual assault is committed by any of
of amendment or of a new charge without placing the the following means:
accused in double jeopardy (People v. Manolong). a. By inserting his penis into another person’s
mouth or anal orifice, or
RAPE b. By inserting any instrument or object into
ARTS. 266-A, 266-B, 266-C AND 266-D AND R.A. 8353 the genital or anal orifice of another person
3. The act of sexual assault is accomplished under
any of the following circumstances:
Q: What are the kinds of rape under R.A. 8353?
a. By using force or intimidation, or
b. When the woman is deprived of reason or
A:
otherwise unconscious, or
1. The traditional concept under Art. 335 – carnal
c. By means of fraudulent machination or
knowledge with a woman against her will. The
grave abused of authority, or
offended party is always a woman and the
d. When the woman is under 12 years of age or
offender is always a man.
demented.
2. Sexual assault – committed with an instrument
Note: When the offender in rape has an ascendancy or
or an object or use of the penis with penetration influence on the offended party, it is not necessary that the
of the mouth or anal orifice. The offended party latter put up a determined resistance.
or offender can either be a man or a woman, that
is, if the woman or a man uses an instrument in Q: What are the differences between the Old Anti-
the anal orifice of a male, she or he can be liable Rape Law and R.A. 8353?
for rape.
A:
Note: A violation of the body orifices by the fingers is within OLD ANTI-RAPE LAW R.A. 8353
the expanded definition of rape under RA 8353. Insertion of
the finger into the female genital is rape through sexual
Crime against chastity Crime against persons
assault (People v. Campuhan, G.R. No. 129433, March 30, May be committed by Under the 2nd type,
2000). a man against a sexual assault may be
woman only committed by any person
against any person
Complaint must be May be prosecuted even considered as attempted rape, if not acts of
filed by the woman or if the woman does not file lasciviousness.
her parents, a complaint
grandparents or Q: What does “touching” in rape means?
guardian if the woman
was a minor or A: In People v. Campuhan, it was held that
incapacitated touching when applied to rape cases does not simply
(PRIVATE CRIME) mean mere epidermal contact, stroking or grazing of
organs, a slight brush or a scrape of the penis on the
Marriage of the victim Marriage extinguishes the
external layer of the victim’s vagina, or the mons
with one of the penal action only as to
pubis. There must be sufficient and convincing proof
offenders benefits not the principal ( the person
that the penis indeed touched the labias or slid into
only the principal but who married the victim),
the female organ, and not merely stroked the
also the accomplices and cannot be extended
external surface thereof, for an accused to be
and accessories to co-principals in case of
convicted of consummated rape. Thus, a grazing of
MULTIPLE RAPE
the surface of the female organ or touching the mons
Marital rape NOT Marital rape recognized pubis of the pudendum is not sufficient to constitute
recognized consummated rape. Absent any showing of the
slightest penetration of the female
Q: Geronimo, a teacher, was tried and convicted for organ, i.e., touching of either labia of the pudendum
12 counts of rape for the sexual assault, he, on by the penis, there can be no consummated rape; at
several occasions, committed on one of his male most, it can only be attempted rape, if not acts of
students by inserting his penis in the victim’s mouth. lasciviousness. (People v. Butiong, G.R. No. 168932,
On appeal, Geronimo contends that the acts October 19, 2011)
complained of do not fall within the definition of
rape as defined in the RPC, particularly that rape is a Q: What are the effects of the reclassification of
crime committed by a man against a woman. Is rape into a crime against person?
Geronimo’s contention correct?
A:
A: No. Rape maybe committed notwithstanding the 1. The procedural requirement of consent of the
fact that persons involved are both males. R.A. 8353 offended party to file the case is no longer
provides that an act of sexual assault can be needed because this is now a public crime, unlike
committed by any person who inserts his penis into when it was still classified as a crime against
the mouth or anal orifice, or any instrument or object chastity.
into the genital or anal orifice of another person. The 2. There is now an impossible crime of rape
law, unlike rape under Art. 266-A, has not made any because impossible crimes can only be
distinction on the sex of either the offender or the committed against persons or property.
victim. Neither must the courts make such distinction
(Ordinario v. People, G.R. No. 155415, May 20, 2004). Q: What are the effects of pardon on the criminal
liability of the accused charged with rape?
Q: What is the amount of force necessary to
consummate the crime of rape? A:
1. The offended woman may pardon the offender
A: Jurisprudence firmly holds that the force or through a subsequent valid marriage, the effect
violence required in rape cases is relative; it does not of which would be the extinction of the
need to be overpowering or irresistible; it is present offender’s liability.
when it allows the offender to consummate his 2. Similarly, the legal husband maybe pardoned by
purpose (People v. Funesto y Llospardas, G.R. No. forgiveness of the wife provided that the
182237, August 3, 2011). marriage is not void ab initio. (Art. 266-C)
Q: Is there a crime of frustrated rape? Note: Under the new law, the husband may be liable for
rape, if his wife does not want to have sex with him. It is
enough that there is indication of any amount of resistance
A: None. The slightest penetration of penis into the
as to make it rape.
labia of the female organ consummates the crime of
rape. However, mere touching alone of the genitals
Q: What is the effect of Affidavit of Desistance in the
and mons pubis or the pudendum can only be
crime of rape?
A: Rape is no longer a crime against chastity for it is A: No. Rape is essentially a crime committed through
now classified as a crime against persons. In effect, force or intimidation, that is, against the will of the
rape may now be prosecuted de oficio; a complaint female. It is also committed without force or
for rape commenced by the offended party is no intimidation when carnal knowledge of a female is
longer necessary for its prosecution. Consequently, alleged and shown to be without her consent. It
rape is no longer considered a private crime should no longer be debatable that rape of a mental
which cannot be prosecuted, except upon a retardate falls under paragraph 1, b), of Article 266-A,
complaint filed by the aggrieved party. Hence, pardon because the provision refers to a rape of a female
by the offended party of the offender in the crime of “deprived of reason,” a phrase that refers to mental
rape will not extinguish the offender’s criminal abnormality, deficiency or retardation. (People v.
liability. Moreover, an Affidavit of Desistance even Butiong, ibid.)
when construed as a pardon in the erstwhile “private
crime” of rape is not a ground for the dismissal of the Q: When is it considered as qualified rape?
criminal cases, since the actions have already been
instituted. To justify the dismissal of the complaints, A: With the occurrence of the following
the pardon should have been made prior to the circumstances, rape is punishable by death (Art. 266-
institution of the criminal actions. (People v. B):
Bonaagua, G.R. No. 188897, June 6, 2011, People v. 1. When by reason or on occasion of the rape, a
Borce, G.R. No. 189579, September 12, 2011) homicide is committed
2. When the victim is under 18 years of age and the
Q: Does absence of spermatozoa negate the
offender is a parent, ascendant, step-parent,
commission of rape?
guardian, relative by consanguinity or affinity
within the third civil degree, or the common law
A: No. The absence of spermatozoa from the genitalia
spouse of the victim.
of the victim does not negate or disprove the
rape. The basic element of rape is carnal knowledge
or sexual intercourse, not ejaculation. Carnal Note: A step-brother or step-sister relationship
knowledge is defined as “the act of a man having between the offender and the offended party cannot
sexual bodily connections with a woman.” This elevate the crime to qualified rape because they are
not related either by blood or affinity. The
explains why the slightest penetration of the female
enumeration is exclusive. Hence, the common law
genitalia consummates the rape (People v. Butiong, husband of the victim’s grandmother is not included.
ibid.).
3. When the victim is under the custody of the
Q: Accused was charged and convicted of the crime police or military authorities or any law
of rape of a minor. He claims that his guilt was not enforcement or penal institution.
proven because there was no hymenal laceration
therefore there was no evidence showing that he 4. When rape is committed in full view of the
had carnal knowledge of the victim. Is his defense husband, parent, any of the children or other
tenable? relatives within the third civil degree of
consanguinity.
A: No. Proof of hymenal laceration is not an element 5. When the victim is engaged in a legitimate
of rape. An intact hymen does not negate a finding religious vocation or calling and is personally
that the victim was raped. Penetration of the penis by known to be such by the offender before or after
entry into the lips of the vagina, even without the commission of the crime.
laceration of the hymen, is enough to constitute rape,
and even the briefest of contact is deemed rape 6. When the victim is a child below 7 years old.
(People v. Crisostomo, G.R. No. 183090, November 14, 7. When the offender knows that he is inflicted
2011). with HIV/AIDS or any other sexually transmissible
decease and the virus or decease is transferred
Q: One of Butiong’s contentions is that having sexual to the victim.
intercourse with AAA, a mental retardate, did not
amount to a rape, because it could not be 8. When committed by any member of the AFP or
considered as carnal knowledge of a woman paramilitary units thereof or the PNP or any law
deprived of reason or of a female under twelve enforcement agency or penal institution, when
years of age as provided under Article 266-A of the offender took advantage of his position to
the Revised Penal Code, as amended. Is he correct? facilitate the commission of the crime.
9. When by reason or on occasion of the rape, the if the sexual intercourse was with her consent. This is
victim has suffered permanent physical because the law presumes that the victim, on account of
mutilation or disability. her tender age, does not and cannot have a will of her own.
10. When the offender knew of the pregnancy of the Q: Suppose a 31-year old retarded woman with
offended party at the time of the commission of mental capacity of a 5-year old had sexual
the rape. intercourse, what is the crime committed?
11. When the offender knew of the mental disability,
emotional disorder, and/or physical handicap of A: Statutory rape. Her mental and not only her
the offended party at the time of the commission chronological age are considered. (People v.
of the crime. Manalpaz, G.R. No. L-41819, Feb. 28, 1978)
Note: The foregoing circumstances are in the nature of Q: In the crime of rape or statutory rape, is it
qualifying aggravating circumstances which must be
necessary to state the exact, or at least the
specifically pleaded or alleged with certainty in the
information.
approximate, date the purported rape was
committed?
Q: At around two p.m., AAA was sleeping inside
their house with her two-year old sister and three- A: GR: Time is not an essential element. What is
year old brother, when the accused approached her important is that the information alleges that the
and removed her shorts and panty. AAA tried to victim was a minor under twelve years of age and
push him away but he was too strong, and he that the accused had carnal knowledge of her, even if
succeeded in inserting his penis inside her vagina. the accused did not use force or intimidation on her
AAA continued resisting despite being afraid that or deprived her of reason.
the accused would hurt her. After some time, the
accused ejaculated outside her vagina. Is the XPN: The date of the commission of the rape
accused guilty of qualified rape? becomes relevant only when the accuracy and
truthfulness of the complainant’s narration
A: Yes. The case falls under Article 266-B (2) (People v practically hinge on the date of the commission
Acosta, G.R. No. 195239, March 7, 2012). of the crime (People v. Dion, G.R. No. 181035,
July 4, 2011).
Q: What is incestuous rape?
Q: What is the sweetheart theory in rape?
A: It refers to rape committed by an ascendant of the
offended woman. A: As held in People v. Cabanilla, the sweetheart
defense is an affirmative defense that must be
Note: In incestuous rape of a minor, proof of force and supported by convincing proof. Having an illicit affair
violence exerted by the offender are not essential. Moral does not rule out rape as it does not necessarily mean
ascendancy or parental authority of the accused over the that consent was present. A love affair does not
offended party takes the place of violence. justify rape for a man does not have an unbridled
license to subject his beloved to his carnal desires
Q: What is statutory rape? against her will. (People v. Cias, G.R. No. 194379, June
1, 2011)
A: Sexual intercourse with a girl below 12 years old
is statutory rape. (People v. Espina, G.R. No. 183564, Q: What is rape shield rule in rape?
June 29, 2011)
A: The character of the woman is immaterial in rape.
Q: What are the elements of statutory rape? It is no defense that the woman is of unchaste
character, provided the illicit relations were
A: committed with force and violence.
1. That the offender had carnal knowledge of the
victim; and Q: In cases of multiple rape, is it necessary to prove
2. That the victim is below twelve (12) years old. every count of rape?
(People v. Appattad, G.R. No. 193188, August 10,
2011) A: Yes. It is settled that each and every charge of rape
is a separate and distinct crime that the law requires
Note: When the woman is under 12 years of age or is to be proven beyond reasonable doubt. The
demented, sexual intercourse with her is always rape, even
prosecution's evidence must pass the exacting test of
moral certainty that the law demands to satisfy the against her will to the rapist’s lust because of fear for her
burden of overcoming the appellant's presumption of life or personal safety. (People v. Tuazon, G.R. No. 168650,
innocence. (People v. Arpon, G.R. No. 183563, October 26, 2007)
December 14, 2011)
Q: What is the importance of a medico-legal finding
Q: Is the victim’s reputation considered in the in the prosecution of rape cases?
prosecution of rape?
A: The medico-legal findings are “merely
A: No, it is immaterial in rape, there being absolutely corroborative in character and is not an element of
no nexus between it and the odious deed committed. rape.” The prime consideration in the prosecution of
A woman of loose morals could still be a victim of rape is the victim's testimony, not necessarily the
rape, the essence thereof being carnal knowledge of medical findings; a medical examination of the victim
a woman without her consent. is not indispensable in a prosecution for rape. The
victim's testimony alone, if credible, is sufficient to
Q: What is essential in proving the crime of rape? convict (People v. Perez, G.R. No. 191265, September
14, 2011).
A: The date of the commission of the rape is not an
essential element of the crime of rape, for the Q: What crime was committed if the victim was a
gravamen of the offense is carnal knowledge of a minor, is it rape or child abuse under R.A. 7610?
woman. The discrepancies in the actual dates the
rapes took place are not serious errors warranting a A: The accused can be charged with either Rape or
reversal of the appellant’s conviction. What is Child Abuse and be convicted therefor. The case
decisive in a rape charge is the victim’s positive of People v. Abay, is enlightening and instructional on
identification of the accused as the malefactor. this issue. It was stated in that case that if the victim
(People v. Mercado, G.R. No. 189847, May 30, 2011) is 12 years or older, the offender should be charged
with either sexual abuse under Section 5(b) of R.A.
Q: What are the evidence which may be accepted in 7610 or rape under Art. 266-A (except par. 1[d]) of
the prosecution of rape? the RPC. However, the offender cannot be accused of
both crimes for the same act because his right against
A: double jeopardy will be prejudiced. A person cannot
1. Any physical overt act manifesting resistance be subjected twice to criminal liability for a single
against the act of rape in any degree from the criminal act. Likewise, rape cannot be complexed
offended party; or with a violation of Section 5(b) of R.A. 7610. Under
2. Where the offended party is so situated as to Sec. 48 of the Revised Penal Code (on complex
render him/her incapable of giving consent (Art. crimes), a felony under the RPC (such as rape) cannot
266-D) be complexed with an offense penalized by a special
law (People v. Dahilig G.R. No. 187083, June 13,
Q: Does the absence of signs of external physical 2011).
injuries signify lack of resistance on the part of the
rape victim? Q: If on the occasion or by reason of rape, the victim
died, what is the crime committed?
A: No. Resistance from the victim need not be carried
to the point of inviting death or sustaining physical A: The special complex crime of rape with homicide is
injuries at the hands of the rapist. committed.
Note: In rape, the force and intimidation must be viewed in Q: What is the difference between attempted rape
light of the victim’s perception and judgment at the time of and acts of lasciviousness?
commission of the crime. As already settled in the
jurisprudence, not all victims react the same way. A:
Moreover, resistance is not an element of rape. A rape ATTEMPTED RAPE ACTS OF LASCIVIOUSNESS
victim has no burden to prove that she did all within her There is intent to There is no intention to lie
power to resist the force or intimidation employed upon
effect sexual cohesion, with the offended woman.
her. As long as the force or intimidation is present, whether
it was more or less irresistible is beside the point. (People v. although unsuccessful. The intention is merely to
Baldo, G.R. No. 175238, Feb. 24, 2009) satisfy lewd design.
Physical resistance need not be established in rape when Q: What are the principles which guide the courts in
intimidation is exercised upon the victim who submits reviewing rape cases?
A: In reviewing rape cases, this Court is guided by 2. Threatening to cause the woman or her child
three settled principles: physical harm
1. An accusation of rape can be made with 3. Attempting to cause the woman or her child
facility and while the accusation is difficult to physical harm
prove, it is even more difficult for the person 4. Placing the woman or her child in fear of
accused, although innocent, to disprove; imminent physical harm
2. Considering the intrinsic nature of the crime, 5. Attempting to compel or compelling the woman
only two persons being usually involved, the or her child to engage in conduct which the
testimony of the complainant should be woman or her child has the right to desist from
scrutinized with great caution; and or desist from conduct which the woman or her
3. The evidence for the prosecution must stand child has the right to engage in, or attempting to
or fall on its own merit, and cannot be restrict or restricting the woman's or her child's
allowed to draw strength from the weakness freedom of movement or conduct by force or
of the evidence for the defense. (People v. threat of force, physical or other harm or threat
Ogarte y Ocob, G.R. No. 182690, May 30, of physical or other harm, or intimidation
2011) directed against the woman or child. This shall
include, but not limited to, the following acts
ANTI‐VIOLENCE AGAINST WOMEN AND THEIR committed with the purpose or effect of
CHILDREN ACT OF 2004 (R.A. 9262) controlling or restricting the woman's or her
child's movement or conduct:
Q: What is the history of R.A. 9262? a. Threatening to deprive or actually
depriving the woman or her child of
A: In People v. Genosa (G.R. No. 135981, Jan. 15, custody to her/his family
2004), Minerva was found guilty of the crime of b. Depriving or threatening to deprive the
parricide for killing her husband. According to woman or her children of financial
evidence, the husband was a wife beater and that support legally due her or her family, or
one day, the wife probably got fed up and killed her deliberately providing the woman's
husband. Minerva admitted the killing but raised as children insufficient financial support
justifying circumstances, self-defense and insanity. c. Depriving or threatening to deprive the
On appeal to SC, the defendant raised a new defense, woman or her child of a legal right
the battered woman syndrome. d. Preventing the woman in engaging in
any legitimate profession, occupation,
Note: R.A. 9262 took effect in March 27, 2004. It was business or activity or controlling the
signed into law on March 8, 2004. victim's own money or properties, or
solely controlling the conjugal or
Q: What are included in the term violence? common money, or properties
6. Inflicting or threatening to inflict physical harm
A: It includes, but is not limited to, the following acts: on oneself for the purpose of controlling her
a. Physical Violence – acts that include bodily or actions or decisions
physical harm 7. Causing or attempting to cause the woman or
b. Sexual Violence – act which is sexual in nature, her child to engage in any sexual activity which
committed against the woman or her child does not constitute rape, by force or threat of
c. Psychological Violence – acts or omissions force, physical harm, or through intimidation
causing or likely to cause mental or emotional directed against the woman or her child or
suffering to the victim her/his immediate family
d. Economic Abuse – acts that make or attempt to 8. Engaging in purposeful, knowing, or reckless
make a woman financially dependent (Sec. 3) conduct, personally or through another that
alarms or causes substantial emotional or
PUNISHABLE ACTS psychological distress to the woman or her child.
This shall include, but not be limited to, the
Q: What are the punishable acts under R.A. 9262? following acts:
a. Stalking or following the woman or her
A: The crime of violence against women and their child in public or private places
children is committed through any of the following b. Peering in the window or lingering
acts: outside the residence of the woman or
1. Causing physical harm to the woman or her child her child
occurred and who has personal knowledge oral to anal, whether between persons of
of the offense committed. (Sec. 9) the same or opposite sex
2. Bestiality
Note: If the applicant is not the victim, the application must 3. Masturbation
be accompanied by an affidavit of the applicant attesting 4. Sadistic or masochistic abuse
to: 5. Exhibition of the genitals, buttocks, breast,
1. The circumstances of the abuse suffered by the
pubic area and/or anus
victim and
6. Use of any object or instrument for
2. The circumstances of consent given by the victim
for the filling of the application. lascivious acts
When disclosure of the address of the victim will pose Q: What are primarily sexual purposes?
danger to her life, it shall be so stated in the application. In
such a case, the applicant shall: A: It refers to purposes which will fulfill all the
1. attest that the victim is residing in the following conditions:
municipality or city over which court has 1. The average person applying contemporary
territorial jurisdiction, and community standards would find the work taken
2. shall provide a mailing address for purpose of
as a whole appealing to prurient interest and
service processing. (Sec. 11)
satisfying only the market for gratuitous sex and
violence
ANTI-CHILD PORNOGRAPHY ACT OF 2009 (R.A. 9775) 2. The work depicts or describes sexual conduct in a
patently offensive way
DEFINITION OF TERMS 3. The work taken as a whole imbued within its
context, manner or presentation, intention and
Q: Who are considered children under R.A. 9775? culture, lascivious, literary, artistic, political and
scientific value.
A: Children refer to persons below 18 years of age or
over, but is unable to fully take care of themselves Q: What are child pornography materials?
from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental A: Child pornography materials refers to the means
disability or condition. and methods by which child pornography is carried
out:
Note: A child shall also refer to:
1. A person regardless of age who is presented, 1. As to form:
depicted or believed to be a child as defined a. Visual depiction - which includes not only
herein
images of real children but also digital
2. Computer-generated, digitally or manually
image, computer image or computer-
crafted images or graphics of a person who is
represented or who is made to appear to be a generated image that is indistinguishable
child as defined herein. from that of real children engaging in an
explicit sexual activity. Visual depiction shall
Q: What is child pornography? include:
i. Undeveloped film and videotapes
A: Child pornography refers to any public or private ii. Data and/or images stored on a
representation, whether visual, audio, or written computer disk or by electronic means
combination thereof, by electronic, mechanical, capable of conversion into a visual
digital, optical, magnetic or by whatever means, of a image
child engaged in real or simulated explicit sexual iii. Photograph, film, video, picture, digital
activities or any representation of the sexual parts of image or picture, computer image or
a child primarily for sexual purposes. picture, whether made or produced by
electronic, mechanical or other means
Q: To what does explicit sexual activity refer to? iv. Drawings, cartoons, sculptures or
paintings depicting children
A: Explicit sexual activity refers to actual or simulated: v. Other analogous visual depiction
1. Sexual intercourse or lascivious act including,
but not limited to, contact involving genital b. Audio representation of a person who is or
to genital, oral to genital, anal to genital or is represented as being a child and who is
engaged in or is represented as being
A: Pandering is the act of offering, advertising, Q: What are the allowed initiation rites?
promoting, representing, or distributing through any
means any material or purported material that is A:
intended to cause another to believe that the 1. Those conducted by “organizations” which shall
material or purported material contains any form of include any club or the AFP, PNP, PMA, or officer
child pornography, regardless of the actual content of and cadet corp. of the Citizen's Military Training
the material or purported material. and CAT. The physical, mental and psychological
testing and training procedure and practices to Note: The presence of any person during the hazing is
determine and enhance the physical, mental and prima facie evidence of participation therein as
psychological fitness of prospective regular principal, UNLESS he prevented the commission of the
acts punishable therein.
members of the AFP and the PNP as approved by
the Secretary of National Defense and the
National Police Commission duly recommended 2. The ff. are liable as ACCOMPLICE:
by the Chief of Staff, AFP and the Director a. The owner of the place where the hazing is
General of the PNP. conducted, when he has actual knowledge of
the hazing conducted therein but failed to
2. Those conducted by any fraternity, sorority or take any action to prevent the same from
organization with prior written notice to the occurring.
school authorities or head of organization 7 days b. The school authorities including faculty
before the conduct of such initiation. members who consent to the hazing or who
have actual knowledge thereof, but failed to
Q: What are the procedures to be taken for allowed take any action to prevent the same from
hazing? occurring.
A: PUNISHABLE ACTS
1. Written notice must be given to the school
authorities or head of organization seven (7) days Q: What are the punishable acts?
prior to the conduct of initiation.
A:
2. The written notice must indicate: 1. Hazing or initiation rites in any form or manner
a. That the period of initiation activities will by a fraternity, sorority or organization without
not exceed three (3) days, prior written notice to the school authorities or
b. The names of those to be subjected to head of organization 7 days before the conduct
such activities, and of such initiation.
c. An undertaking that no physical violence 2. Infliction of any physical violence during initiation
be employed rites
3. Two (2) representatives of the school or Q: When will maximum penalty be imposed?
organization must be assigned to be present during
the initiation; they shall ensure that no physical harm A:
will be inflicted. 1. When the recruitment is accompanied by force,
violence, threat, intimidation or deceit on the
PERSONS LIABLE person of the recruit who refuses to join
2. When the recruit, neophyte or applicant initially
Q: Who are liable? consents to join but upon learning that hazing
will be committed on his person, is prevented
A: from quitting
1. The ff. are liable as PRINCIPAL: 3. When the recruit, neophyte or applicant having
a. The officers and members of the fraternity, undergone hazing is prevented from reporting
sorority or organization who actually the unlawful act to his parents or guardians, to
participated in the infliction of physical the proper school authorities, or to the police
harm. authorities, through force, violence, threat or
b. The parents of one of the officer or member intimidation
of the fraternity, sorority or organization, 4. When the hazing is committed outside of the
when they have actual knowledge of the school or institution
hazing conducted in their home but failed to 5. When the victim is below 12 years of age at the
take any action to prevent the same from time of the hazing.
occurring.
Note: The fraternity, sorority or the organization should be
c. The officers, former officers or alumni of the
one which is recognized by law, i.e. the school or university
organization, group, fraternity or sorority for the Anti-Hazing Law to be applicable. If the organization
who actually planned the hazing although is neither recognized by law nor formed for legal purposes,
not present when the acts constituting there is no hazing even if the applicant is tortured or
hazing were committed. injured as requirement for admission. The formation of the
1. Any person who, not being a relative of a child, is 2. Any person who shall keep or have in his
found alone with the said child inside the room company a minor, twelve (12) years or under or
or cubicle of a house, an inn, hotel, motel, who in ten (10) years or more his junior in any
pension house, apartelle or other similar public or private place, hotel, motel, beer joint,
establishments, vessel, vehicle or any other discotheque, cabaret, pension house, sauna or
hidden or secluded area under circumstances massage parlor, beach and/or other tourist
which would lead a reasonable person to believe resort or similar places, Provided, That this
that the child is about to be exploited in provision shall not apply to any person who is
prostitution and other sexual abuse. related within the fourth degree of consanguinity
2. Any person is receiving services from a child in a or affinity or any bond recognized by law, local
sauna parlor or bath, massage clinic, health club custom and tradition or acts in the performance
and other similar establishments. of a social, moral or legal duty.
3. Any person who shall induce, deliver or offer a
CHILD TRAFFICKING, PUNISHABLE ACTS minor to any one prohibited by this Act to keep
or have in his company a minor as provided in
Q: What is child trafficking? the preceding paragraph,
4. Any person, owner, manager or one entrusted
A: There is child trafficking when any person engages with the operation of any public or private place
in trading and dealing with children including, but not of accommodation, whether for occupancy, food,
limited to, the act of buying and selling of a child for drink or otherwise, including residential places,
money, or for any other consideration, or barter. who allows any person to take along with him to
such place or places any minor herein described,
Q: Is there an attempt to commit child trafficking? 5. Any person who shall use, coerce, force or
intimidate a street child or any other child to;
A: Yes. Under Sec. 7 of R.A. 7610, there is an attempt a. Beg or use begging as a means of living;
to commit child trafficking: b. Act as conduit or middlemen in drug
a. When a child travels alone to a foreign trafficking or pushing; or
country without valid reason therefor and c. Conduct any illegal activities
without clearance issued by the Department
of Social Welfare and Development or Q: To what does "Comprehensive program against
written permit or justification from the child abuse, exploitation and discrimination" refer
child's parents or legal guardian; to?
b. When a person, agency, establishment or
child-caring institution recruits women or A: It refers to the coordinated program of services
couples to bear children for the purpose of and facilities to protected children against:
child trafficking; or 1. Child Prostitution and other sexual abuse;
c. When a doctor, hospital or clinic official or 2. Child trafficking;
employee, nurse, midwife, local civil 3. Obscene publications and indecent shows;
registrar or any other person simulates birth 4. Other acts of abuses; and
for the purpose of child trafficking; or 5. Circumstances which threaten or endanger
d. When a person engages in the act of finding the survival and normal development of
children among low-income families, children.
hospitals, clinics, nurseries, day-care centers,
or other child-during institutions who can be JUVENILE JUSTICE AND WELFARE ACT OF 2006
offered for the purpose of child trafficking. (R.A. 9344)
Q: Who are liable for other acts of neglect, abuse, PUNISHABLE ACTS
cruelty or exploitation and other conditions
prejudicial to the child's development? Q: What are the acts considered prejudicial to the
child and are prohibited?
A:
1. Any person who shall commit any other acts of A: The following and any other similar acts shall be
child abuse, cruelty or exploitation or to be considered prejudicial and detrimental to the
responsible for other conditions prejudicial to psychological, emotional, social, spiritual, moral and
the child's development, physical health and well-being of the child in conflict
with the law and therefore, prohibited:
1. Employment of threats of whatever kind and 9. Unjustified refusal to restore or delay in restoring
nature seized, sequestered and frozen bank deposits,
2. Employment of abusive, coercive and placements, trust accounts, assets and records
punitive measures such as cursing, beating, 10. Loss, misuse, diversion or dissipation of seized,
stripping, and solitary confinement sequestered and frozen bank deposits
3. Employment of degrading, inhuman end 11. Infidelity in the custody of detained persons
cruel forms of punishment such as shaving 12. Unauthorized revelation of classified materials
the heads, pouring irritating, corrosive or 13. Furnishing false evidence, forged document, or
harmful substances over the body of the spurious evidence.
child in conflict with the law, or forcing
him/her to walk around the community PERSONS LIABLE
wearing signs which embarrass, humiliate,
and degrade his/her personality and dignity Q: Who are liable?
4. Compelling the child to perform involuntary
servitude in any and all forms under any and A:
all instances. (Sec. 61) 1. Principal – Any person who commits any of the
acts under Sec. 3 and 4.
Q: What are the prohibited acts of competent
authorities under R.A. 9344? 2. Accomplice – any person who not being a
principal under Art. 17 of the RPC or a
A: In the conduct of the proceedings beginning from conspirator as defined under Sec. 4 hereof,
the initial contact with the child, the competent cooperates in the execution of either the crime
authorities must: of terrorism or conspiracy to commit terrorism
1. Refrain from branding or labelling children by previous or simultaneous acts.
as young criminals, juvenile delinquents,
prostitutes or attaching to them in any 3. Accessory – any person who having knowledge of
manner any other derogatory names. the commission of the crime of terrorism or
2. Make no discriminatory remarks particularly conspiracy to commit terrorism and without
with respect to the child's class or ethnic having participated therein either as principal or
origin. (Sec. 60) accomplice under Art. 17 and 18 of the RPC,
takes part subsequent to its commission in any of
HUMAN SECURITY ACT OF 2007 the following manner:
(R.A. 9372)
a. By profiting himself or assisting the offender
PUNISHABLE ACTS to profit by the effects of the crime,
b. By concealing or destroying the body of the
crime or the effects or instruments thereof
Q: What are the specific acts punished?
in order to prevent its discovery,
c. By harboring, concealing, or assisting in the
A:
escape of the principal or conspirator of the
1. Conspiracy to commit terrorism
crime.
2. Unauthorized or malicious interceptions and/or
recording
XPN: Spouses, ascendants, descendants,
3. Failure to deliver suspect to the proper judicial
legitimate, natural and adopted brothers and
authority within three days
sisters or relatives by affinity within the same
4. Violation of the rights of detainee committed b
degree.
the police officer or his superior if the police
officer is not identified
XPN to the XPN: those falling under (a).
5. Threat, intimidation, coercion, or torture in the
investigation and interrogation of a detained
person
6. Unauthorized or malicious examination of a bank
or a financial institution
7. Defiance by the bank office or employee of court
authorization
8. False, untruthful statement or misrepresentation
of material fact in joint affidavits
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY Q: What is the essence of kidnapping?
KIDNAPPING AND SERIOUS ILLEGAL DETENTION A: The essence of the crime of kidnapping is the
ART. 267 actual deprivation of the victim’s liberty, coupled with
the intent of the accused to effect it (People v.
Jacalne y Gutierrez, G.R. No. 168552, October 3,
Q: What are the elements of this crime?
2011).
A:
Q: What does deprivation means?
1. Offender is a private individual who is not any of
the parents of the victim
A: The deprivation required by Article 267 of the RPC
2. He kidnaps or detains another, or in any other
means not only the imprisonment of a person, but
manner deprives the latter of his liberty
also the deprivation of his liberty in whatever form
3. Act of detention or kidnapping must be illegal
and for whatever length of time. It involves a
4. In the commission of the offense, any of the
situation where the victim cannot go out of the place
following circumstances is present:
of confinement or detention or is restricted or
a. Kidnapping or detention lasts for more than
impeded in his liberty to move. If the victim is a child,
3 days
it also includes the intention of the accused to
b. It is committed simulating public authority
deprive the parents of the custody of the child
c. Any serious physical injuries are inflicted
(People v. Baluya y Notarte, G.R. No. 181822, April 13,
upon the person kidnapped or detained or
2011).
threats to kill him are made
d. The person kidnapped or detained is a
Q: Jomarie, a minor, was dragged to the house of
minor, female, or a public officer.
Gutierrez after she refused to go with him. Upon
reaching the house, he tied her hands. When
Note: In case of a minor, the kidnapper must not
be one of the parents. Jomarie pleaded that she be allowed to go home, he
refused. Although Jomarie only stayed outside the
Note: For the crime of kidnapping to exist, there must be house, it was inside the gate of a fenced property
indubitable proof that the actual intent of the malefactors which is high enough such that people outside could
was to deprive the offended party of her liberty, and not not see what happens inside. Was there kidnapping?
where such restraint of her freedom of action was merely
incident in the commission of another offense primarily A: Yes. When Gutierrez tied the hands of Jomarie, the
intended by the offenders (People v. Puno, G.R. No. 97471,
former’s intention to deprive Jomarie of her liberty
February 17, 1993).
has been clearly shown. For there to be kidnapping, it
is enough that the victim is restrained from going
Q: When is detention considered illegal?
home. Because of her tender age, and because she
did not know her way back home, she was then and
A: The detention punished in this article is considered
there deprived of her liberty. It has been repeatedly
illegal when such detention is not ordered by a
held that if the victim is a minor, the duration of his
competent authority or not permitted by law.
detention is immaterial (People v. Jacalne y Gutierrez,
ibid.).
Q: If a person is transported from one place to
another, what crimes may be possibly committed?
Q: Suppose the kidnapped victim disappeared, will
such disappearance negate criminal liability of the
A:
kidnappers?
1. Forcible abduction – If a woman is transported
from one place to another by virtue of
A: No, because in kidnaping, the essential element is
restraining her of her liberty and that act is
deprivation of the victim’s liberty and the subsequent
coupled with lewd designs.
disappearance of the victim will not exonerate the
2. Kidnapping with serious illegal detention – If a accused from prosecution. Otherwise, kidnappers can
woman is transported just to restrain her liberty. easily avoid punishment by the simple expedient of
There is no lewd design or intent. disposing of their victim’s bodies.
3. Grave coercion – If a woman is carried away just
Q: What is the effect of the voluntary release of the
to break her will, to compel her to agree to
victim on the criminal liability of the kidnappers?
demand or request by the offender.
Q: What is the effect of the voluntary release of the under Art. 267 or 268 of the Revised Penal Code since the
victim on the criminal liability of the kidnappers? person arrested would necessarily be deprived of his
liberty.
A: If the offender (a) voluntarily releases the person
so kidnapped or detained within 3 days from the Q: Is there a period of detention fixed by law?
commencement of the detention (b) without having
attained the purpose intended and (c) before the A: None. What is controlling is the motive of the
institution of criminal proceedings against him, his offender. If his purpose is to deliver him to the proper
liability is mitigated. authorities, it is still unlawful arrest. But the absence
of this motive may be shown by the length of time
Note: No mitigation of the penalty is allowed when the the victim is detained.
proceedings have already been instituted for the simple
reason that in this case, the accused acted because of fear Q: What variant crimes are committed if a person is
rather than repentance. arrested and/or detained?
UNLAWFUL ARREST A:
ART. 269 1. If the arrest is made without a warrant and under
circumstances not allowing a warrantless arrest,
Q: What are the elements of unlawful arrest? the crime would be unlawful arrest.
2. If the person arrested is not delivered to the
A: authorities, the private individual making the
1. Offender arrests or detains another person. arrest incurs criminal liability for illegal detention
2. Purpose of the offender is to deliver him to the under Art.267 or 268.
proper authorities. 3. If the offender is a public officer, the crime is
3. Arrest or detention is not authorized by law or arbitrary detention under Article 124.
there is no reasonable ground therefor. 4. If the detention or arrest is for a legal ground,
but the public officer delays delivery of the
Note: In unlawful arrest, the illegal detention is only person arrested to the proper judicial authorities,
incidental. However, if it is arbitrary detention, it is the the crime is delay in the delivery of detained
unlawful arrest which is incidental. persons under Article 125.
Q: Who may be held liable under this article? Q: What are the distinctions between Delay in the
Delivery of Detained Persons and Unlawful Arrest?
A: Offender is any person, whether a public officer or
a private individual. However, the public officer must A:
not be vested with the authority to arrest or detain a DELAY IN THE DELIVERY
person or must not act in his official capacity. UNLAWFUL ARREST
OF DETAINED PERSONS
Otherwise, Art. 124 is applicable and not Art. 269. Detention is for some Detention is not
legal ground authorized by law
Note: If the offender is a public officer or a law enforcer
Crime is committed by
and he arrested or detained, without legal or reasonable
ground, any person within his jurisdiction for the purpose failing to deliver such Committed by making an
of delivering him to the proper authorities, such officer is person to the proper arrest not authorized by
guilty of Arbitrary Detention under Art. 124 under the RPC. judicial authority within law
If the person arrested or detained is not within his a certain period
jurisdiction, the officer’s act would constitute Unlawful
Arrest under this article.
KIDNAPPING AND FAILURE TO RETURN A MINOR
ART. 270
Q: What is the essence of the crime of unlawful
arrest?
Q: What are the elements of this crime?
A: The arrest must be made for the purpose of
A:
delivering the person arrested to the proper
1. Offender is entrusted with the custody of a
authorities but it was made without any reasonable
minor person
grounds therefor.
2. He deliberately fails to restore the said minor to
Note: If the purpose is not to deliver the person to the his parents or guardians.
proper authorities, the crime could be Illegal Detention
A:
SLAVERY
KIDNAPPING AND KIDNAPPING AND
ART. 272
SERIOUS ILLEGAL FAILURE TO RETURN A
DETENTION MINOR
Q: What are the elements of Slavery?
Offender is not Offender is entrusted
entrusted with the with the custody of the
A:
custody of the victim minor
1. That the offender purchases, sells, kidnaps or
Illegally detaining or What is punished is the detains a human being.
kidnapping the minor deliberate failure of the
2. That the purpose of the offender is to enslave
offender having the
custody of the minor to such human being.
restore him to his parents
or guardian Note: If a person was obliged to render service in another’s
house as a servant without remuneration whatever and to
remain there so long as he has not paid his debt, the crime
INDUCING A MINOR TO ABANDON HIS HOME of slavery is committed (Reyes v. Alojado, 16 Phil. 499).
ART. 271
Q: Is there any qualifying circumstance?
Q: What are the elements of this crime?
A: Yes, such as when the purpose of the offender is to
A: assign the offended party to some immoral traffic.
1. A minor is living in the home of his parents or E.g. Prostitution
guardian or the person entrusted with his
custody.
2. Offender induces said minor to abandon such
home.
Note: In both, the offended party is detained. Q: What are the punishable acts?
other person. him of the care and A: The crime of exploitation of minors is not
protection that his tender committed if the employer is a parent or ascendant
years need. unless the minor is less than 12 years old.
EXPLOITATION OF MINORS Note: If the employer is an ascendant, the law regards that
ART. 278 he would look after the welfare and protection of the child.
Hence, the age is lowered to 12 years. Below that age, the
crime is committed.
Q: What are the punishable acts?
Q: Is there any qualifying circumstance?
A:
1. Causing any boy or girl under 16 to perform any A: Yes. If the delivery of the child to any person
dangerous feat of balancing, physical strength or following any of the callings of acrobat, gymnast,
contortion, the offender being any person rope-walker, diver, wild-animal tamer or circus
2. Employing children under 16 years of age who manager or to any habitual vagrant or beggar is made
are not the children or descendants of the in consideration of any price, compensation or
offender in exhibitions of acrobat, gymnast, rope promise, the penalty is higher.
walker, diver, or wild animal tamer, the offender
being an acrobat, etc., or circus manager or Q: What are the distinctions between Exploitation of
person engaged in any of said callings Minors (Art.278, Par.5) and Inducing a Minor to
Abandon his Home (Art.271)?
3. Employing any descendant under 12 years of age
in dangerous exhibitions enumerated in the next A:
preceding paragraph, the offender being ART. 278,PAR. 5 ART. 271
engaged in any of the said callings.
The purpose of inducing the No such person.
4. Delivering a child under 16 years of age minor to abandon the home is
gratuitously to any person if any of the callings to follow any person engaged
enumerated in paragraph 2, or to any habitual in any of the callings
vagrant or beggar, the offender being an mentioned.
ascendant, guardian, teacher or person Victim is under 16 years of age. Victim is under 18
entrusted in any capacity with the care of such years of age
child.
5. Inducing any child under 16 years of age to Q: Correlate exploitation of minors to R.A. 7610
abandon the home of its ascendants, guardians, (Special Protection of Children against Child Abuse,
curators or teachers to follow any person Exploitation and Discrimination Act).
entrusted in any of the callings mentioned in par.
A:
2 or to accompany any habitual vagrant or
EXPLOITATION OF
beggar, the offender being any person. R.A. 7610
MINORS
Applies to minors Applies to minors below 18
Note: The exploitation of the minor must be of such nature below 16 years of age years old
as to endanger his life or safety in order to constitute the The business is of such As long as the employment
offense described in this article.
kind that would place is inimical – even though
the life or limb of the there is no physical risk –
Q: What kind of business does Art.278 speak of?
minor in danger, even and detrimental to the
though working for child’s interest – against
A: Art. 278 contemplates a business that generally
him is not against the moral, intellectual,
attracts children so that they themselves may enjoy
will of the minor. physical, and mental
working there unaware of the danger to their own
development of the minor.
lives and limb, such as circuses.
If the child fell and No such similar provision
suffered physical exists under R.A. 7610.
Q: Suppose the employer is the parent or ascendant
injuries while working,
of the child who is already 12 years of age, is there a
the employer shall be
crime of exploitation of minors?
liable for said physical
injuries in addition to
his liability for
exploitation of minors.
Q: Does the criminal liability for neglect of child with the house. It is not necessary that it be a
under Art.59 (4) of P.D. 603 attach only if both permanent dwelling of a person.
parents are guilty of neglecting the child’s
education? Note: In general, all members of the household must be
presumed to have authority to extend an invitation to enter
A: No. The law is clear. The crime may be committed the house.
by any of the parents. Liability for the crime does not
depend on whether the parent is also guilty of Q: What is meant by the phrase “against the will”?
neglect. The law intends to punish the neglect of any
parent, which neglect corresponds to the failure to A: Against the will means that the entrance is either
give the child the education which the family’s station expressly or impliedly prohibited.
in life and financial condition permit. The
Note: There must be an opposition on the part of the
irresponsible parent cannot exculpate himself from
owner of the house to the entry of the accused. Lack of
the consequences of his neglect by invoking the other
permission does not amount to prohibition.
parent’s faithful compliance with his or her own
parental duties (De Guzman v. Perez, G.R. No. Q: What are some of the instances where
156013, July 25, 2006). prohibition to enter a dwelling is implied or
presumed?
Note: The neglect of child punished under Art. 59(4) of P.D.
603 is also a crime (known as indifference of parents)
penalized under the second paragraph of Art.277 of the A:
RPC (De Guzman v. Perez, G.R. No. 156013, July 25, 2006). 1. Entering a dwelling of another at late hour of the
Hence, it is excluded from the coverage of R.A. 7610. night
2. When the entrance is made through means not
ADDITIONAL PENALTIES FOR OTHER OFFENSES intended for ingress
ART.279 3. The existence of enmity or strained relations
between the accused and the occupant.
Note: The offender is not only liable for the abandonment 4. The door is closed even if it is not locked.
or exploitation but also for all its consequences. If as a
result, physical injuries or death resulted, another crime is Q: What circumstance qualifies the offense?
committed by authority of Art. 279.
A: If the offense is committed by means of violence or
QUALIFIED TRESPASS TO DWELLING intimidation, the penalty is higher.
ART. 280
Note: If violence or intimidation is employed, there is no
need for prohibition. In fact, even if violence or intimidation
Q: What are the elements of trespass to dwelling?
took place immediately after the offender has entered the
dwelling, there is Qualified Trespass to Dwelling (U.S. v.
A: Abanto, 15 Phil. 223; U.S. v. Arceo, 3 Phil. 381).
1. Offender is a private person
2. He enters the dwelling of another Q: Cite examples of trespass by means of violence.
3. Such entrance is against the latter’s will
A:
Q: What if the offender is a public officer? 1. Pushing the door violently and maltreating the
occupants after entering
A: If the offender is a public officer or employee, the 2. Cutting of a ribbon string with which the door
entrance into the dwelling against the will of the latch of a closed room was fastened. The cutting
occupant is violation of domicile punishable under of the fastenings of the door was an act of
Art. 128. violence
3. Wounding by means of a bolo, the owner of the
Q: What is a dwelling? house immediately after entrance
A: A dwelling is a place that a person inhabits or any Q: Give examples of trespass by means of
building or structure exclusively devoted for rest and intimidation.
comfort. Whether a building is a dwelling house or
not depends upon the use. It includes the A:
dependencies which have interior communication 1. Firing a revolver in the air by persons attempting
to force their way into a house.
2. The flourishing of a bolo against inmates of the consent from the owner,
house upon gaining an entrance. refuses to leave the
dwelling when requested
Q: May trespass to dwelling be committed by the by the owner after having
owner of the house? surreptitiously entered
the same
A: Yes. In cases where the owner has allowed the Circumstance Qualifying the Offense
rooms or the houses to be rented by other persons,
- offense is committed - offense is committed at
trespass to dwelling is committed if the owner
by means of violence night-time;
thereof enters the room or house without the
and intimidation. - any papers or effects
knowledge and consent and against the will of the
not constituting evidence
boarder or tenant.
of a crime are not
returned immediately
Q: Under what circumstances is the crime of
after the search made by
trespass to dwelling not committed?
the offender.
A:
1. When the purpose of the entrance is to prevent OTHER FORMS OF TRESPASS TO DWELLING
serious harm to himself, the occupant or third ART. 281
persons.
2. When the purpose of the offender in entering is Q: What are the elements of this crime?
to render some service to humanity or justice.
3. Anyone who shall enter cafes, taverns, inns and A:
other public houses while they are open. 1. Offenders enter the closed premises or the
fenced estate of another.
Q: What are the various crimes that may be
committed when a person trespasses a dwelling? Note: The term premises signifies distinct and definite
locality. It may mean a room, shop, building or definite
area, but in either case, locality is fixed.
A:
1. If the purpose in entering the dwelling is not
2. Entrance is made while either of them is
shown, trespass is committed.
uninhabited.
2. If the purpose is shown, it may be absorbed in
the crime as in robbery with force upon things,
Note: A place is said to be uninhabited if there is no
the trespass yielding to the more serious crime. one living on such place.
3. But if the purpose is not shown and while inside
the dwelling he was found by the occupants, one 3. Prohibition to enter is manifest.
of whom was injured by him, the crime 4. Trespasser has not secured the permission of the
committed will be trespass to dwelling and owner or the caretaker thereof.
frustrated homicide, physical injuries, or if there
was no injury, unjust vexation. Q: What are the distinctions between trespass to
dwelling and trespass to property?
Q: What are the distinctions between violation of
dwelling and trespass to dwelling? A:
TRESPASS TO TRESPASS TO
A: DWELLING PROPERTY
TRESPASS TO VIOLATION OF Offender is a private Offender is any person.
DWELLING DWELLING person.
Offender is a private Offender is a public Offender enters a Offender enters closed
person officer dwelling house. premises or fenced
Offender enters the Offender either enters estate.
dwelling of another the dwelling of another Place entered is Place entered is
against latter’s will against the latter’s will inhabited. uninhabited.
and without judicial
Act constituting the Act constituting the
order, searches papers
crime is entering the crime is entering the
and other effects found
dwelling against the will closed premises or the
therein without previous
of the owner. fenced estate without
securing the permission Q: What are the distinctions between threat and
of the owner or coercion?
caretaker thereof.
Prohibition to enter is Prohibition to enter A:
express or implied. must be manifest. THREAT COERCION
Essence of threat is Essence of coercion is
GRAVE THREATS intimidation violence or intimidation
ART. 282 Wrong or harm There is no condition
done is future and involved; hence, there is no
Q: What are the punishable acts? conditional futurity in the harm or wrong
done
A:
1. Threatening another with the infliction upon his Q: What are the distinctions between threat and
person, honor or property or that of his family of robbery?
any wrong amounting to a crime and demanding
money or imposing any other condition even A:
though not unlawful, and the offender attained THREAT ROBBERY
his purpose. Intimidation is future and Intimidation is actual and
2. By making such threat without the offender conditional. immediate.
attaining his purpose. Intimidation may be Intimidation is personal.
3. By threatening another with the infliction upon through an intermediary.
his person, honor or property or that of his family May refer to the person, Refers to personal
of any wrong amounting to a crime, the threat, honor or property. property.
not being subject to a condition. Intent to gain is not an There is intent to gain.
essential element.
Q: What is the essence of this crime? The danger to the victim The danger involved is
is not instantly imminent directly imminent to the
A: Intimidation. To constitute grave threats, it must nor the gain of the culprit victim and the
inspire terror or fear upon another. It is characterized immediate. obtainment of gain
by moral pressure that produces alarm. immediate.
Q: What are the punishable acts under Art. 285? Note: Coercion is consummated even if the offended party
did not accede to the purpose of the coercion. The essence
A: of coercion is an attack on individual liberty.
1. Threatening another with a weapon, or by
drawing such weapon in a quarrel, unless it be in Q: What is the purpose of the law in punishing grave
lawful self-defense. Here, the weapon must not coercion?
be discharged
2. Orally threatening another, in the heat of anger, A: The main purpose of the statute in penalizing
with some harm constituting a crime, without Grace Coercion is precisely to enforce the principle
persisting in the idea involved in his threat that no person may take the law into his own hands
3. Orally threatening to do another any harm not and that ours is a government of law and not of men
constituting a felony (People v. Mangosing, CA-G.R. No. 1107-R).
Note: In other light threats, there is no demand for money Q: When can there be grave coercion?
nor any condition imposed is required when the offender
threatens the offended party. His acts are limited to verbal A: Grave coercion arises only if the act which the
threat during the incident involving him and the offended offender prevented another to do is not prohibited by
party. law or ordinance.
Q: What is the nature of other light threats? Q: What are the kinds of grave coercion?
against his will, whether it be wrong or not, the crime present in this case) and violence and
of grave coercion is committed if violence or intimidation are employed.
intimidation is employed in order to compel him to
3. Estafa – If there is no obligation on the part of
do the act.
the offended party but was only feigned. There is
estafa because deceit is employed.
Q: What are the qualifying circumstances of Grave
Coercion?
A: COMPULSORY PURCHASE OF MERCHANDISE AND
1. If the coercion is committed in violation of the PAYMENT OF WAGES BY MEANS OF TOKENS
exercise of the right of suffrage ART. 288
2. If the coercion is committed to compel
another to perform any religious act Q: What are the punishable acts and their elements?
3. If the coercion is committed to prevent
another from performing any religious act A:
1. Forcing or compelling, directly or indirectly or
LIGHT COERCION knowingly permitting the forcing or compelling of
ART. 287 the laborer or employee of the offender to
purchase merchandise or commodities of any
Q: What are the elements of light coercion? kind from him.
Elements:
A: a. Offender is any person, agent or officer
1. Offender must be a creditor of any association or corporation
2. He seizes anything belonging to his debtor b. He or such firm or corporation has
3. Seizure of the thing be accomplished by means of employed laborers or employees
violence or a display of material force producing c. He forces or compels directly or
intimidation indirectly, or knowingly permits to be
4. Purpose of the offender is to apply the same to forced or compelled, any of his or its
the payment of the debt laborers or employees to purchase
merchandise or commodities of any kind
Note: In the other light coercion or unjust vexation from him or said firm or corporation
embraced in the second paragraph, violence is absent.
Taking possession of the thing belonging to the debtor, 2. Paying the wages due his laborer or employee by
through deceit and misrepresentation for the purpose of means of tokens or objects other than the legal
applying the same to the payment of debt is unjust
tender currency of the Philippines, unless
vexation under the second paragraph of Art. 287.
expressly requested by such laborer or
employee.
Q: What is unjust vexation?
Elements:
a. Offender pays the wages due a laborer
A: Unjust vexation is any act committed without
or employee employed by him by means
violence but which unjustifiably annoys or vexes an
of tokens or object
innocent person
b. Those tokens or objects are other than
Note: In determining whether the crime of unjust vexation the legal currency of the Philippines
is committed, the offender’s act must have caused c. Such employee or laborer does not
annoyance, irritation, vexation, torment, distress or expressly request that he be paid by
disturbance to the mind of the person to whom it is means of tokens or objects
directed.
Note: The use of tokens, promissory notes, vouchers,
Q: When the property of a debtor is seized, what coupons, or any other form alleged to represent legal
variant crimes may result? tender is absolutely prohibited even when expressly
requested by the employee.
A:
1. Light coercion – If by means of violence, the FORMATION, MAINTENANCE, AND PROHIBITION OR
property is applied to the debt. COMBINATION OF CAPITAL OR LABOR THROUGH
VIOLENCE OR THREATS
2. Robbery – If the value of the property seized is ART. 289
greater than that of the debt (intent to gain is
Q: What are the elements of this crime? Q: Correlate articles 230 (public officer revealing
secrets of private individual) and 290 of the RPC?
A:
1. Offender employs violence or threats, in a A:
degree as to compel or force the laborers or ART. 230 ART. 290
employees in the free legal exercise of their Public officer comes to Offender is a private
industry or work. know the secret of any individual or even a public
2. Purpose is to organize, maintain or prevent private individual by officer not in the exercise
coalitions of capital or labor, strike of laborers or reason of his office. of his official function
lockout of employers. The secret is not It is necessary that the
necessarily contained offender seizes the papers
DISCOVERING SECRETS THROUGH SEIZURE OF in papers or letters. or letters of another to
CORRESPONDENCE discover the secrets of the
ART. 290 latter.
Reveals the secret If there is a secret
Q: What are the elements of this crime? without justifiable discovered, it is not
reason. necessary that it be
A: revealed.
1. Offender is a private individual or even a public
officer not in the exercise of his official function REVEALING SECRETS WITH ABUSE OF OFFICE
2. He seizes the papers or letters of another ART. 291
3. Purpose is to discover the secrets of such
another person Q: What are the elements of this crime?
4. Offender is informed of the contents of the
papers or letters seized A:
1. Offender is a manager, employee or servant
Note: It is not applicable to parents, guardians, or persons 2. He learns the secrets of his principal or master in
entrusted with the custody of minors with respect to
such capacity
papers or letters of the children or minors placed under the
3. He reveals such secrets
care or custody.
Q: What is the nature of this crime? Q: What is the essence of this crime?
A: This is a crime against the security of one’s papers A: The essence of this crime is that the offender
and effects. The purpose must be to discover its learned of the secret in the course of employment.
effects. The act violates the privacy of He is enjoying a confidential relation with the
communication. It is necessary that the offender employer or master so he should respect the privacy
should actually discover the contents of the letter. of matters personal to the latter.
Note: Contents of the correspondence need not be secret. REVELATION OF INDUSTRIAL SECRETS
Prejudice to the offended party is not an element of the ART. 292
offense.
Q: What are the elements of this crime?
Q: What is the meaning of the word “seize” in this
crime? A:
1. Offender is a person in charge, employee or
A: There must be taking possession of papers or workman of a manufacturing or industrial
letters of another even for a short time only. If the establishment
papers or letters were delivered voluntarily to the 2. Manufacturing or industrial establishment has a
accused, this crime is not committed. secret of the industry which the offender has
learned
Q: What is the qualifying circumstance of the crime?
Note: The business secret must not be known to other
A: When the offender reveals the contents of such business entities or persons. It is a matter to be
rd
paper or letters of another to a 3 person, the discovered, known and used by and must belong to
penalty is higher. one person or entity exclusively. Secrets must relate to
manufacturing process.
3. Offender reveals such secrets C.A. No. 616, punishing espionage and other offenses
against national security.
Note: The revelation of the secret might be made after
the employee or workman has ceased to be connected Q: Is listening to a conversation in an extension line
with the establishment. of a telephone wire tapping?
Q: What are the acts punishable under R.A. 4200? Q: Are cassette tapes obtained from wiretapped
telephone conversations admissible as evidence?
A: It shall be unlawful for any person:
A: No. Under the law, absent a clear showing that
1. Not being authorized by all the parties to any both parties to the telephone conversation allowed
private communication or spoken word, to tap the recording of the same, the inadmissibility of the
any wire or cable, or by using any other device or subject tapes is mandatory under R.A. 4200 (Salcedo-
arrangement, to secretly overhear, intercept, or Ortanez v. CA, G.R. No. 110662, Aug. 4, 1994).
record such communication or spoken word by
using a device commonly known as a dictaphone Q: Sec. 4 provides that any information obtained is
or dictagraph or detectaphone or walkie-talkie or not admissible in evidence in any judicial, quasi-
tape recorder, or however otherwise described judicial, legislative or administrative hearing or
2. Be he a participant or not in the act or acts investigation. Is this rule of admissibility binding on
penalized in the next preceding sentence, to the House of Representatives and Senate of the
knowingly possess any tape record, wire record, Philippines which may have their own rules of
disc record, or any other such record, or copies evidence and procedure in impeachment
thereof, of any communication or spoken word proceedings?
secured either before or after the effective date
of this Act in the manner prohibited by this law; A: Impeachment proceedings, like disciplinary
or to replay the same for any other person or proceedings against judges, are neither judicial,
persons; or to communicate the contents quasi-judicial, legislative or administrative in
thereof, either verbally or in writing, or to furnish character but are sui generis or a class by themselves,
transcriptions thereof, whether complete or which is highly politicized, hence the rule on
partial, to any other person. admissibility may be disregarded by Congress in its
discretion on the theory that political questions are
beyond judicial review. However, under Sec. 1, Art.
Note: That the use of such record or any copies thereof as
VIII of the Constitution, acts of Congress tainted with
evidence in any civil, criminal investigation or trial of
offenses mentioned in Sec. 3 hereof, shall not be covered
grave abuse of discretion may be reviewed by the SC.
by this prohibition.
HUMAN SECURITY ACT
EXCEPTIONS (R.A. 9372)
Q: What are the exceptions to the prohibition? SURVEILLANCE OF SUSPECTS AND INTERCEPTION
AND RECORDING OF COMMUNICATIONS
A: If the wiretapping is done by a public officer who is
authorized by written order of the court in cases Q: Can a police officer or law enforcement official
involving the crimes of treason, espionage, provoking listen or record any communication of a terrorist
war and disloyalty in case of war, piracy, mutiny in organization of group of persons?
the high seas, rebellion, conspiracy and proposal to
commit rebellion, inciting to rebellion, sedition, A: GR: Yes. Notwithstanding R.A. 4200 (Anti-
conspiracy to commit sedition, inciting to sedition, Wiretapping Law), a police or police or law
kidnapping as defined by the RPC, and violations of enforcement official and the members of his team
may, upon a written order of the CA, listen to,
intercept and record with the use of any mode, form , court to handle anti-terrorism cases after satisfying
kind or type of electronic or other surveillance themselves of the existence of probable cause in a
equipment or intercepting and tracking devices, or hearing called for that purpose that:
with the use of any suitable ways and means for that
1. A person charged with or suspected of the crime
purpose, any communication, message, conversation,
of terrorism or, conspiracy to commit terrorism
discussion, or spoken or written words between
members of a judicially declared and outlawed 2. of a judicially declared and outlawed terrorist
terrorist organization, association, or group of organization, association, or group of persons
persons or of any person charged with or suspected
3. Such person is a member of such judicially
of the crime of terrorism or conspiracy to commit
declared and outlawed organization, association,
terrorism.
or group of persons.
XPN: He cannot conduct surveillance,
interception and recording of communications In such case, the court may authorize in writing
between: any police or law enforcement officer and the
1. Lawyers and clients members of his/her team duly authorized in
2. Doctors and patients writing by the anti-terrorism council to:
3. Journalists and their sources
a. Examine, or cause the examination of,
4. Confidential business correspondence.
the deposits, placements, trust
(Sec. 7)
accounts, assets and records in a bank
or financial institution; and
RESTRICTION ON TRAVEL
b. Gather or cause the gathering of any
Note: In cases where evidence of guilt is not strong, and the relevant information about such
person charged with the crime of terrorism or conspiracy to deposits, placements, trust accounts,
commit terrorism is entitled to bail and is granted the assets, and records from a bank or
same, the court, upon application by the prosecutor, shall financial institution. The bank or
limit the right of travel of the accused to within the financial institution concerned, shall
municipality or city where he resides or where the case is not refuse to allow such examination
pending, in the interest of national security and public
or to provide the desired information,
safety. (Sec. 26)
when so, ordered by and served with
the written order of the CA. (Sec. 27)
Q: May the accused be placed under house arrest?
The applicant shall have 30 days after the termination Q: What is the penalty for the unauthorized
of the period granted by the CA within which to file revelation of classified materials?
the appropriate case before the Public Prosecutor’s
Office for any violation of R.A. 9372. If no case is filed A: The penalty of 10 years and 1 day to 12 years of
within the said period, the applicant shall imprisonment shall be imposed upon any person,
immediately notify in writing the person subject of police or law enforcement agent, judicial officer or
the bank examination and freezing of accounts. civil servant who, not being authorized by the CA to
do so, reveals in any manner or form any classified
Q: What shall be done after the expiration of the information under this Act.
period of authorization?
Q: What is the evidentiary value of deposited bank
A: All information, data, excerpts, summaries and materials?
other documents obtained from the examination of
the bank deposits, shall within 48 hours after the A: Any information, data, excerpts, summaries, notes,
expiration of the period fixed in the written order be memoranda, work sheets, reports, or documents
deposited with the authorizing division of the CA in a acquired from the examination of the bank deposits,
sealed envelope of package. (Sec. 31) placements, trust accounts, assets and records shall
absolutely not be admissible or usable as evidence
The sealed envelope or package shall not be opened against anybody in any judicial, quasi-judicial,
and its contents shall not be used as evidence unless legislative, or administrative investigation, inquiry,
authorized in a written order of the authorizing proceeding or hearing. (Sec. 35)
division of CA. (Sec.33)
ANTI-TRAFFICKING IN PERSONS ACT OF 2003
Q: What are the requisites in applying for judicial (R.A. 9208)
authorization to open the sealed envelope
containing records of bank account? PUNISHABLE ACTS
1. To recruit, transport, transfer; harbor, provide, or forced to work as entertainer. Several customers
receive a person by any means, including those used Lolita many times. Some even had sexual
done under the pretext of domestic or overseas intercourse with her every hour. Ronnie was then
employment or training or apprenticeship, for sued for Trafficking in Persons. He claims that he
the purpose of prostitution, pornography, sexual cannot be convicted of the crime of because he was
exploitation, forced labor, slavery, involuntary not part of the group that transported Lolita from
servitude or debt bondage the Philippines to Malaysia. Is he correct?
2. To introduce or match for money, profit, or
A: No. Trafficking in Persons under Sec. 3(a) and 4 of
material, economic or other consideration, any
R.A. 9208 is not only limited to transportation of
person or, as provided for under Republic Act No.
victims, but also includes the act of recruitment of
6955, any Filipino woman to a foreign national,
victims for trafficking. The crime of recruitment for
for marriage for the purpose of acquiring, buying,
prostitution also constitutes trafficking (People v. Lali
offering, selling or trading him/her to engage in
y Purih, G.R. No. 195419, October 12, 2011).
prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or
Q: What are the acts which promote or facilitate
debt bondage
trafficking in persons?
3. To offer or contract marriage, real or simulated,
for the purpose of acquiring, buying, offering, A:
selling, or trading them to engage in prostitution, 1. To knowingly lease or sublease, use or allow to
pornography, sexual exploitation, forced labor or be used any house, building or establishment for
slavery, involuntary servitude or debt bondage the purpose of promoting trafficking persons
4. To undertake or organize tours and travel plans 2. To produce, print and issue or distribute
consisting of tourism packages or activities for unissued, tampered or fake counseling
the purpose of utilizing and offering persons for certificates, registration stickers and certificates
prostitution, pornography or sexual exploitation of any government agency which issues these
certificates and stickers as proof of compliance
5. To maintain or hire a person to engage in
with government regulatory and pre departure
prostitution or pornography
requirement for the purpose of promoting
6. To adopt or facilitate the adoption of persons for trafficking in persons
the purpose of prostitution, pornography, sexual
3. To advertise, publish, print, broadcast or
exploitation, forced labor, slavery, involuntary
distribute, or cause the advertisement,
servitude or debt bondage
publication, printing, broadcasting or distribution
7. To recruit, hire, adopt, transport or abduct a by any moans, including the use of information
person, by means of threat or use of force, fraud, technology and the internet, of any brochure,
deceit, violence, coercion, or intimidation for the flyer or any propaganda material that promotes
purpose of removal or sale of organs of said trafficking in persons
person
4. To assist in the conduct of misrepresentation or
8. To recruit, transport or adopt a child to engage in fraud for purposes of facilitating the acquisition
armed activities in the Philippines or of clearances and necessary exit documents from
abroad.(Sec.4) government agencies that are mandated to
provide pre-departure registration and services
Note: Trafficked persons shall be recognized as victims of
for departing persons for the purpose of
the act or acts of trafficking and as such shall not be promoting trafficking in persons
penalized for crimes directly related to the acts of 5. To facilitate, assist or help in the exit and entry of
trafficking enumerated in this Act or in obedience to the
persons from/to the country at international and
order made by the trafficker in relation thereto. In this
regard, the consent of a trafficked person to the intended
local airports, territorial boundaries and seaports
exploitation set forth in this Act shall be irrelevant. (Sec. 17) who are in possession of unissued, tampered or
fraudulent travel documents for the purpose of
Q: Ronnie was able to convince Lolita to work as a promoting trafficking in persons
restaurant entertainer in Malaysia. When they were 6. To confiscate, conceal, or destroy the passport,
already at the restaurant, a Filipina woman working travel documents, or personal documents or
there said that the place is a prostitution den and belongings of trafficked persons in furtherance of
the women there are used as prostitutes. Lolita was trafficking or to prevent them from leaving the
A:
1. The offended party is a minor
2. The adoption is effected through R.A. 8043 and
said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage
3. It is committed by a syndicate or in large scale.
Trafficking is deemed committed by a syndicate if
carried out by a group of three (3) or more
persons conspiring or confederating with one
another. It is deemed committed in large scale if
committed against three (3) or more persons,
individually or as a group.
4. The offender is an ascendant, parent, sibling,
guardian, or a person who exercises authority
over the trafficked person or when the offense is
committed by a public officer or employee
5. The trafficked person is recruited to engage in
prostitution with any member of the military or
law enforcement agencies
6. The offender is a member of the military or law
enforcement agencies
7. When by reason or on occasion of the act of
trafficking in persons the offended party dies,
becomes insane, suffers mutilation or is afflicted
with Human Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome (AIDS)
(Sec. 6)
A: It depends:
1. If the child is sold for use or exchange for
barter, the crime is child trafficking under
R.A. 7610.
2. If the child trafficking is for the purpose
provided for in Sec. 4 of R.A. 9208, then the
law violated is R.A. 9208.
CRIMES AGAINST PROPERTY 2. Robbery by the use of force upon things (Arts.
299 and 302)
ROBBERY
ART. 293 Q: Should the person from whom the property was
taken be the owner of such?
Q: What is robbery?
A: No. Legal possession is sufficient
A: It is the taking of personal property belonging to
Q: Is the identity of real owner essential?
another, with intent to gain, by means of violence
against or intimidation of any person or using force
A: GR: It is not essential so long as the personal
upon anything.
property taken does not belong to the accused.
Note: For the appellant to be guilty of consummated
robbery, there must be incontrovertible proof that property XPN: If the crime is Robbery with Homicide
was taken from the victim. The appellant is guilty of
attempted robbery only when he commences the Q: What is the presumption of intent to gain?
commission of robbery directly by overt acts and does not
perform all the acts of execution which would produce A: Unlawful taking of personal property.
robbery by reason of some causes or accident other than
his own spontaneous desistance. Note: The element of personal property belonging to
another and that of intent to gain must concur.
Illustration: In a case, Totoy demanded from the
victim, "Tol, pera-pera lang ito, dahil kailangan Q: When should violence and intimidation occur?
lang." The victim refused to part with his
earnings and resisted. He even tried to get out of A: GR: Violence or intimidation must be present
the taxicab but Totoy pulled him back and before the taking of personal property is complete.
stabbed him. Randy, Rot-Rot and Jon-Jon
followed suit and stabbed the victim with their XPN: But when violence results in homicide, rape
bladed weapons. The victim was able to flee intentional mutilation or any of the serious
from the vehicle without anything being taken physical injuries penalized under Pars. 1 and 2 of
from him. Totoy and his confederates Art 263, the taking of the personal property is
commenced by overt acts the execution of the robbery complexed with any of those crimes
robbery, but failed to perform all the acts of under Art. 294, even if the taking was already
execution by reason of the victim's resistance. complete when the violence was used by the
(People v. Bocalan, G.R. No. 141527, Sept. 4, offender.
2003)
Q: What is the meaning of unlawful taking?
Q: What are the elements of robbery in general?
A: It means appropriating a thing belonging to
A: another and placing it under one’s control and
1. There is personal property belonging to another. possession.
2. There is unlawful taking of that property.
3. Taking must be with intent to gain. Q: When is unlawful taking complete?
4. There is violence against or intimidation of any
person or force upon things. A:
1. As to robbery with violence against or
Note: Robberies committed in different houses constitute intimidation of persons – from the moment the
separate crimes of robbery. But if the robberies are
offender gains possession of the thing even if
committed upon different victims on the same occasion
the culprit has had no opportunity to dispose of
and in the same place only one robbery is committed as the
robberies are mere incidents of a single criminal intent. the same, the unlawful taking is complete
2. As to robbery with force upon things – the thing
Q: What are the classes of robbery? must be taken out of the building/premises to
consummate the crime
A:
1. Robbery with violence against, or intimidation of
persons (Arts. 294, 297 and 298)
Q: What distinguishes robbery with violence from 5. If the violence or intimidation employed in the
grave threats and grave coercion? commission of the robbery is carried to a degree
clearly unnecessary for the commission of the
A: crime.
GRAVE
ROBBERY GRAVE THREATS
COERCION 6. When in the course of its execution, the offender
There is intent No intent to gain No intent to shall have inflicted upon any person not
to gain gain responsible for the commission of the robbery
Immediate Intimidation; Intimidation is any of the physical injuries in consequence of
harm Promises some immediate and which the person injured:
future harm or offended party a. Becomes deformed
injury is compelled to b. Loses any other member of his body
do something c. Loses the use thereof
against his will. d. Becomes ill or incapacitated for the
performance of the work in which he is
Q: Distinguish robbery from bribery. habitually engaged for more than 90 days
e. Becomes ill or incapacitated for labor for
A: more than 30 days
ROBBERY BRIBERY
The victim is deprived of He parts with his money, 7. If the violence employed by the offender does
his money, property by in a sense, voluntarily not cause any of the serious physical injuries
force or intimidation defined in Art.263, or if the offender employs
intimidation only.
ROBBERY WITH VIOLENCE AGAINST OR
ROBBERY WITH HOMICIDE
INTIMIDATION OF PERSONS
ART. 294
Q: What is robbery with homicide?
Q: What are the punishable acts under Art. 294?
A: If death results or even accompanies a robbery,
the crime will be robbery with homicide provided
A:
1. When by reason or on occasion of the robbery that the robbery and the homicide are consummated.
The crime of robbery with homicide is a special
the crime of homicide is committed
complex crime or a single indivisible crime. The
killings must have been perpetrated by reason or on
2. When the robbery is accompanied by:
a. Rape the occasion of robbery. As long as the homicide
resulted, during, or because of the robbery, even if
b. Intentional mutilation
the killing is by mere accident, robbery with homicide
c. Arson
is committed. (People v. Comiling, G.R. No. 140405,
3. When by reason or on occasion of such robbery, March 4, 2004)
any of the physical injuries resulting in:
Note: Even if the killing preceded or was done ahead of the
a. Insanity
robbing, whether intentional or not, the crime is robbery
b. Imbecility with homicide. If aside from homicide, rape or physical
c. Impotency injuries are also committed by reason or on the occasion of
d. Blindness is inflicted the robbery, the rape or physical injuries are considered
aggravating circumstances in the crime of robbery with
4. When by reason or on occasion of robbery, any homicide. Whenever a homicide has been made a
of the physical injuries resulting in the: consequence of or on the occasion of a robbery, all those
a. Loss of the use of speech who took part as principals in the commission of the crime
will also be guilty as principals in the crime of robbery with
b. Loss of the power to hear or to smell
homicide.
c. Loss of an eye, a hand, a foot, an arm or a
leg
Q: What are the elements of robbery with
d. Loss of the use of any of such member
homicide?
e. Incapacity for the work in which the injured
person is theretofore habitually engaged is
A:
inflicted
1. The taking of personal property with violence or Q: Is there a crime of robbery with multiple
intimidation against persons; homicide?
2. The property taken belongs to another;
3. The taking was done with animo lucrandi; A: There is no crime of robbery with multiple
4. On the occasion of the robbery or by reason homicide under the RPC. The crime is robbery with
thereof, homicide was committed (People v. homicide notwithstanding the number of homicides
Baccay, 284 SCRA 296; People v. Mantung, 310 committed on the occasion of the robbery and even if
SCRA 819). murder, physical injuries and rape were also
committed on the same occasion. (People v. Hijada,
Q: Should there be intent to kill? G.R. No. 123696, Mar. 11, 2004)
A: In robbery with homicide, the law does not require ROBBERY WITH RAPE
that the homicide be committed with intent to kill,
the crime exists even though there is no intention to Q: What is the crime of robbery with rape?
commit homicide.
A: The crime of robbery with rape is a crime against
Q: On the occasion of the robbery, the storeowner, a property which is a single indivisible offense. The rape
septuagenarian, suffered a stroke due to the accompanies the robbery. In a case where rape and
extreme fear which directly caused his death when not homicide is committed, there is only a crime of
the robbers pointed their guns at him. Was there robbery with rape if both the robbery and the rape
robbery with homicide? are consummated.
A: Yes. It is immaterial that death supervened as a Note: Although the victim was raped twice on the occasion
mere accident as long as the homicide was produced of Robbery, the additional rape is not considered as
by reason or on the occasion of the robbery, because aggravating circumstances in the crime of robbery and
it is only the result which matters, without reference rape. There is no law providing for the additional rape/s or
to the circumstances or causes or persons intervening homicide/s for that matter to be considered as aggravating
in the commission of the crime which must be circumstance. It further observed that the enumeration of
aggravating circumstances under Art. 14 of the Revised
considered (People v. Domingo, 184 SCRA 409).
Penal Code is exclusive, unlike in Art. 13 of the same Code,
which enumerates the mitigating circumstances where
Q: Should intent to commit robbery precede the analogous circumstances may be considered (People v.
killing? Regala, G.R. No. 130508, April 5, 2000; People v. Sultan,
G.R. No. 132470, April 27, 2000) .
A: Yes. The offender must have the intent to take
personal property before the killing. Q: What are the elements of robbery with rape?
Q: In case there is conspiracy, are all conspirators run away, was chased and caught, and thereafter
liable for the crime of robbery with rape? raped by all of the accused, the latter committed
robbery with rape. (People v. Villagracia, 226
A: Yes. In People v. Suyu, it was ruled that once SCRA 374)
conspiracy is established between several accused in
the commission of the crime of robbery, they would Q: When could there be a separate crime of robbery
all be equally culpable for the rape committed by and rape?
anyone of them on the occasion of the robbery,
unless anyone of them proves that he endeavored to A: If the two (2) crimes were separated both by time
prevent the others from committing rape. (People v. and space, there is no complex crime of Robbery with
Gallo, ibid.) Rape. (People v. Angeles, 222 SCRA 451)
Q: Together XA, YB and ZC planned to rob Miss OD. ROBBERY WITH PHYSICAL INJURIES
They entered her house by breaking one of the
windows in her house. After taking her personal Q: Should the physical injuries be serious?
properties and as they were about to leave, XA
decided on impulse to rape OD. As XA was molesting A: Yes, to be considered as such, the physical injuries
her, YB and ZC stood outside the door of her must always be serious. If the physical injuries are
bedroom and did nothing to prevent XA from raping only less serious or slight, they are absorbed in the
OD. What crime or crimes did XA, YB and ZC commit, robbery. The crime becomes merely robbery. But if
and what is the criminal liability of each? (2004 Bar the less serious physical injuries were committed
Question) after the robbery was already consummated, there
would be a separate charge for the less serious
A: The crime committed by XA, YB and ZC is the physical injuries. It will only be absorbed in the
composite crime of robbery with rape, a single, robbery if it was inflicted in the course of the
indivisible offense under Art. 294(1) of the RPC. execution of the robbery. The same is true in the case
of slight physical injuries.
Although the conspiracy among the offenders was
only to commit robbery and only XA raped CD, the Q: Suppose a gang robbed a mansion in Forbes Park.
other robbers, YB and ZC, were present and aware of On the occasion of the robbery, physical injuries
the rape being committed by their co-conspirator. were inflicted on the household members. The
Having done nothing to stop XA from committing the robbers also detained the children to compel their
rape, YB and ZC thereby concurred in the commission parents to come out with the money. What crime/s
of the rape by their co-conspirator XA. is/are committed by the robbers?
The criminal liability of all, XA, YB and ZC, shall be the A: The detention was a necessary means to facilitate
same, as principals in the special complex crime of the robbery. Thus, the offenders will be held liable for
robbery with rape which is a single, indivisible offense the complex crimes of robbery with serious physical
where the rape accompanying the robbery is just a injuries and serious illegal detention. But if the
component. victims were detained because of the timely arrival of
the police, such that the offenders had no choice but
Q: Does the criminal intent to gain precede the to detain the victims as hostages in exchange for their
intent to rape? safe passage, the detention is absorbed by the crime
of robbery and is not treated as a separate crime.
A: Yes. The law does not distinguish whether rape
was committed before, during or after the robbery. It ROBBERY WITH ARSON
is enough that the robbery accompanied the rape. (R.A. 7659)
Robbery must not be a mere accident or
afterthought.
Q: How is this crime committed?
Illustration: Where 6 accused entered the house
A: The composite crime would only be committed if
of the offended party, brandishing firearms and
the primordial intent of the offender is to commit
knives and after ransacking the house for money
robbery and there is no killing, rape, or intentional
and jewelry, brought the offended party out of
mutilation committed by the offender during the
the house to a grassy place where she was
robbery. Otherwise, the crime would be robbery with
ordered to undress and although she was able to
homicide, or robbery with rape, or robbery with
intentional mutilation, in that order and the arson A: In cases of Robbery with homicide, robbery with
would only be an aggravating circumstance. intentional mutilation, robbery with rape and robbery
with serious physical injuries resulting in insanity,
Q: Should robbery precede arson? imbecility, impotency or blindness. This is because
the Article omitted these crimes in the enumeration.
A: Yes, it is essential that robbery precede the arson, (Reyes, 2008)
as in the case of rape and intentional mutilation,
because the amendment included arson among the ROBBERY COMMITTED BY A BAND
rape and intentional mutilation which have ART. 296
accompanied the robbery.
Q: When is robbery committed by a band?
Note: Arson has been made a component only of robbery
with violence against or intimidation of persons but not of
A: When at least 4 armed malefactors take part in the
robbery by the use of force upon things. Hence, if the
robbery was by the use of force upon things and therewith
commission of a robbery, it is deemed committed by
arson was committed, two distinct crimes are committed. a band.
ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN Note: The term homicide is used in a generic sense. It
includes murder, parricide and infanticide.
AN UNINHABITED PLACE AND BY A BAND, OR WITH
THE USE OF FIREARM ON A STREET, ROAD OR ALLEY
ART. 295 EXECUTION OF DEEDS BY MEANS OF
VIOLENCE OR INTIMIDATION
ART. 298
Q: What are the qualifying circumstances of this
crime?
Q: What are the elements of this crime?
A: If committed:
1. In an uninhabited place A:
2. By a band 1. Offender has intent to defraud another
3. By attacking a moving train, street car, motor 2. Offender compels him to sign, execute, or deliver
vehicle, or airship any public instrument or document
4. By entering the passengers’ compartments in a 3. Compulsion is by means of violence or
train, or in any manner taking the passengers intimidation
thereof by surprise in the respective conveyances
Note: Applies even if the document signed, executed or
5. On a street, road, highway, or alley, and the
delivered is a private or commercial document.
intimidation is made with the use of firearms, the
offender shall be punished by the maximum
Q: What distinguishes robbery by execution of
periods of the proper penalties prescribed in
deeds from grave coercion?
Art.294
A: It refers to every building owned by the Note: Door refers only to “doors, lids or opening
sheets” of furniture or other portable receptacles,
Government or belonging to a private person but
not to inside doors of house or building.
used or rented by the Government, although
temporarily unoccupied by the same.
b. By taking such furniture or objects away to
be broken or forced open outside the place
Q: What does inhabited house mean?
of the robbery.
A: It refers to any shelter, ship or vessel constituting Note: It is estafa or theft, if the locked or sealed
the dwelling of one or more persons even though the receptacle is forced open in the building where it
inhabitants thereof are temporarily absent therefrom is kept or not taken there from to be broken
when the robbery is committed. outside.
ROBBERY IN AN UNINHABITED PLACE robbers entered through the door, and once
AND BY A BAND inside, broke wardrobe, sealed or close
receptacles etc., or took away closed or sealed
ART. 300
receptacle to be broken elsewhere.
Note: Robbery with force upon things (Art. 299), in order to
3. With intent to gain, the offender took therefrom
be qualified, must be committed in an uninhabited place
and by a band (Art. 300) while robbery with violence
personal property belonging to another.
against or intimidation of persons must be committed in an
uninhabited place or by a band (Art. 295). Note: Breaking padlock is use of force upon things. The
crime committed by the accused who entered in a
warehouse by breaking the padlock of the door and took
ROBBERY IN AN UNINHABITED PLACE OR IN A away personal property is robbery. (People v. Mesias, 38
PRIVATE BUILDING O.G. No. 23)
ART. 302
Q: What does the term building includes?
Q: What are the elements of this crime?
A: Any kind of structure used for storage or
A: safekeeping of personal property, such as (a) freight
1. Offender entered an uninhabited place or a car and (b) warehouse. (U.S. v. Magsino, 2 Phil 710;
building which was not a dwelling house, not a US v. Roque, et al., 4 Phil 242).
public building, or not an edifice devoted to
religious worship. Q: In committing robbery in a store, what crime is
committed?
2. Any of the following circumstances was present:
a. Entrance was effected through an opening A:
not intended for entrance or egress 1. If the store is used as a dwelling of one or more
persons, the robbery committed therein would
Note: If the entrance was made through the door be considered as committed in an inhabited
which was open, or closed but unlocked, and not house under Art. 299. (People v. Suarez, G.R. No.
through the window, the person who took
L-6431, March 29, 1954)
personal property from the house with intent to
2. If the store was not actually occupied at the time
gain is guilty only of theft and not robbery. Where
an opening created by the accidental bumping of of the robbery and was not used as a dwelling,
a vehicle in the store’s wall was made the since the owner lived in a separate house, the
entrance of the malefactor, the taking of the robbery committed therein is punished under
personal property inside the store is robbery and Art. 302. (People v. Silvestre, 34 O.G. 1535)
not theft because the hole is not intended for 3. If the store is located on the ground floor of the
entrance or egress. house belonging to the owner, having an interior
entrance connected therewith, it is a
b. Wall, roof, floor, or outside door or window dependency of an inhabited house and the
was broken, robbery committed therein is punished under the
last paragraph of Art. 299. (US v. Tapan, 20 Phil.
Note: Like Robbery in an inhabited house, the 211)
breaking should be made in order to effect the
entrance into the place. So if the wall, roof, floor
etc. was broken in the course of escaping, the act ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN
committed is not Robbery. UNINHABITED PLACE OR PRIVATE BUILDING
ART. 303
c. Entrance was effected through the use of
false keys, picklocks or other similar tools Note: This applies when the robbery was committed by the
d. Door, wardrobe, chest, or any sealed or use of force upon things, without violence against or
closed furniture or receptacle was broken intimidation of any person in an inhabited house, public
building, or edifice devoted to religious worship (Art. 299)
e. Closed or sealed receptacle was removed,
or in uninhabited place or private building (Art. 302).
even if the same be broken open elsewhere
Note: Under letters d and e, the robber did not POSSESSION OF PICKLOCKS OR SIMILAR TOOLS
enter through a window or effected entrance by ART. 304
breaking the floor, door, wall, etc., otherwise
these circumstances by themselves already make Q: What are the elements of this crime?
the act as that of robbery. In these 2 cases, the
Note: Possession of false keys in pars. 2 and 3 above are Q: What is highway robbery under P.D. 532?
not punishable. If the key was entrusted to the offender
and he used it to steal, crime is not robbery but theft. A: Highway robbery or brigandage is the seizure for
ransom, extortion or other unlawful purposes or the
BRIGANDAGE taking away of property of another by means of
ART. 306 violence against or other unlawful means, committed
by any person on any Philippine Highway.
Q: When can there be brigandage?
Any person who aids or protects highway robbers or
A: There is brigandage when: abets the commission of highway robbery or
1. There be at least 4 armed malefactors brigandage shall be considered as an accomplice.
2. They formed a band of robbers
3. The purpose is any of the following: Note: Philippine highway shall refer to any road, street,
a. To commit robbery in the highway passage, highway and bridges or other parts thereof, or
b. To kidnap persons for the purpose of railway or railroad within the Philippines used by persons,
extortion or to obtain ransom or vehicles, or locomotives or trains for the movement or
c. To attain by means of force and violence circulation of persons or transportation of goods, articles,
or property or both.
any other purpose
Q: What is the gravamen of highway robbery/
Q: What is the essence of brigandage?
brigandage under Presidential Decree No. 532 ?
A: Brigandage is a crime of depredation wherein the
A: The Supreme Court pointed out that the purpose
unlawful acts are directed not only against specific,
of brigandage ―is, inter alia, indiscriminate highway
intended or preconceived victims, but against any
robbery. And that P.D. 532 punishes as highway
and all prospective victims anywhere on the highway
robbery or Brigandage only acts of robbery
and whoever they may potentially be.
perpetrated by outlaws indiscriminately against any
person or persons on a Philippine highway as defined
Q: What are the distinctions between robbery in
therein, not acts committed against a predetermined
band and brigandage under Art. 306?
or particular victim. (People v. Puno, G.R. No. 97471,
Feb. 17, 1993)
A:
BRIGANDAGE UNDER Note: In US v. Feliciano, 3 Phil. 422, it was pointed out that
ROBBERY BY A BAND
ART. 306 highway robbery or brigandage is more than ordinary
Purpose is to commit Purpose is to commit robbery committed on a highway. The purpose of
robbery not necessarily robbery in highway; or to brigandage is indiscriminate robbery in highways. If the
in highways. kidnap a person for purpose is only a particular robbery, the crime is only
Note: Lost property includes stolen property so that Illustration: Where the finder of the lost or
the accused who found a stolen horse is liable if he mislaid property entrusts it to another for
fails to deliver the same to the owner or to the delivery to a designated owner, the person to
whom it is thus confided, assumes by voluntary property which is realized upon the material
substitution, as to both the property and the occupation of the taking, that is, when he had full
owner, the same relation as was occupied by the possession thereof even if he did not have the
finder. If he misappropriates it, he is guilty of opportunity to dispose of the same.
Theft as if he were the actual finder of the same.
(People v. Avila, 44 Phil. 720 [1923]) Note: Proof that the accused is in possession of a recently
stolen property gives rise to a valid presumption that he
Q: Mario found a watch in a jeep he was riding, and stole the property.
since it did not belong to him, he approached
policeman P and delivered the watch with Q: Can there be a crime of frustrated theft?
instruction to return the same to whoever may be
found to be the owner. P failed to return the watch A: No. Unlawful taking, which is the deprivation of
to the owner and, instead, sold it and appropriated one’s personal property, is the element which
for himself the proceeds of the sale. Charged with produces the felony in its consummated stage. At the
theft, P reasoned out that he cannot be found guilty same time, without unlawful taking as an act of
because it was not he who found the watch and execution, the offense could only be attempted theft,
moreover, the watch turned out to be stolen if at all. With these considerations, under Article 308
property. Is P's defense valid? (1998 Bar Question) of the RPC, theft cannot have a frustrated stage.
Theft can only be attempted or consummated
A: No, it is not valid. In a charge for theft, it is enough (Valenzuela v. People, June 2007).
that the personal property subject thereof belongs to
Note: The ability of the offender to freely dispose of the
another and not to the offender. It is irrelevant
property stolen is not a constitutive element of the crime of
whether the person deprived of the possession of the
theft. Such factor runs immaterial to the statutory
watch has or has no right to the watch. Theft is definition of theft, which is the taking, with intent to gain,
committed by one who, with intent to gain, of personal property of another without the latter’s
appropriates property of another without the consent.
consent of its owner. And the crime is committed
even when the offender receives property of another Q: What is the distinction between theft and estafa?
but acquires only physical possession to hold the
same. A:
THEFT ESTAFA
Q: What is the test to determine whether an object The crime is theft if Where both the material
can be the subject of theft? only the physical or and juridical possession
material possession of are transferred,
A: The test of what is the proper subject of larceny the thing is transferred. misappropriation of the
seems to be not whether the subject is corporeal but property would
whether it is capable of appropriation by another. constitute estafa.
Note: In the old ruling, when a person stole a check but was
not able to use the same because the check bounced, he QUALIFIED THEFT
shall be guilty of the crime of theft, according to the value ART. 310
of the parchment. In the new ruling, following under the
same circumstances, he shall be guilty of an impossible Q: When is theft qualified?
crime. (Jacinto v. People of the Philippines, G.R. No. 162540,
July 13, 2009.) A:
1. If theft is committed by a domestic servant
Q: When is unlawful taking complete? 2. If the theft is committed with grave abuse of
confidence
A: Unlawful taking is deemed complete from the
moment the offender gains possession of the thing, Note: If the offense is to be qualified by abuse of
even if he has no opportunity to dispose of the same. confidence, the abuse must be grave, like an accused
who was offered food and allowed to sleep in the
Q: In theft, is it required for the thief to be able to house of the complainant out of the latter’s pity and
carry away the thing taken from the owner? charity, but stole the latter’s money in his house when
he left the place.
A: No, the consummation of this crime takes place
upon the voluntary and malicious taking of the
3. If the property stolen is a motor vehicle, mail THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY
matter or large cattle AND NATIONAL MUSEUM
4. If the property stolen consist of coconuts taken ART. 311
from the premises of a plantation
5. If the property stolen is fish taken from a Note: Theft of property of National Library and National
fishpond or fishery Museum has a fixed penalty regardless of its value, but if
6. If property is taken on the occasion of fire, the crime is committed with grave abuse of confidence, the
earthquake, typhoon, volcanic eruption, or any penalty for qualified theft shall be imposed.
other calamity, vehicular accident or civil
disturbance. USURPATION
A: SWINDLING (ESTAFA)
1. Those who have the capacity or means to pay ART. 315
rent or for legitimate housing but are squatting
anyway. Q: What are the elements of estafa in general?
2. Also the persons who were awarded lots but sold
or lease them out. A:
3. Intruders of lands reserved for socialized 1. Accused defrauded another by abuse of
housing, pre‐empting possession by occupying confidence or by means of deceit – This covers
the same. (Urban Development and Housing Act) the three different ways of committing estafa
under Article 315; thus, estafa is committed:
ALTERING BOUNDARIES OR LANDMARKS a. With unfaithfulness or abuse of confidence
ART. 313 b. By means of false pretenses or fraudulent
acts; or
Q: What are the elements of this crime? c. Through fraudulent means
Note: Being a merchant qualifies the crime as the penalty is Illustration: Where the accused is bound by
increased. virtue of a contract of sale, payment having been
received to deliver first class of rice (e.g.
milagrosa) but delivered an inferior kind, or that d. The document so written creates a liability
he bound himself to deliver 1000 sacks but of, or causes damage to, the offended party
delivered less than 1000 because the other sacks or any third person.
were filled with different materials, he is guilty of
estafa with unfaithfulness or abuse of confidence Q: Is the accused’s mere failure to turn over the
by altering the quantity or quality of anything of thing delivered to him in trust despite demand and
value by virtue of an obligation to do so. the duty to do so, constitute estafa under Art. 315
par 1 (b)?
2. Under paragraph (b):
a. Money, goods, or other personal property is A: No. The essence of estafa under Art. 315 (1) (b) of
received by the offender in trust, or on the RPC is the appropriation or conversion of money
commission, or for administration, or under or property received, to the prejudice of the owner
any other obligation involving the duty to thereof. It takes place when a person actually
make delivery of, or to return, the same appropriates the property of another for his own
b. There is misappropriation or conversion of benefit, use and enjoyment. The failure to account,
such money or property by the offender, or upon demand, for funds or property held in trust is a
denial on his part of such receipt mere circumstantial evidence of misappropriation. In
c. Such misappropriation or conversion or other words, the demand for the return of the thing
denial is to the prejudice of another; and delivered in trust and the failure of the accused to
d. There is a demand made by the offended account for it are circumstantial evidence of
party to the offender misappropriation. However, this presumption is
rebuttable. If the accused is able to satisfactorily
Note: The fourth element is not necessary when explain his failure to produce the thing delivered in
there is evidence of misappropriation of the trust, he may not be held liable for estafa. In the case
goods by the defendant. at bar, however, since the medrep failed to explain
his inability to produce the thing delivered to him in
Illustration: The accused received in trust the trust, the rule that “the failure to account, upon
money from the complainants for the particular demand, for funds or property held in trust is
purpose of investing the same with the Philtrust circumstantial evidence of misappropriation” applies
Investment Corp. with the obligation to make without doubt. (Filadams Pharma, Inc. v. CA, G.R. No.
delivery thereof upon demand but failed to 132422, Mar. 30, 2004)
return the same despite demands. It was
admitted that she used the money for her Q: Aurelia introduced Rosa to Victoria, a dealer in
business. Accused is guilty of estafa through jewelry. Rosa agreed to sell a diamond ring and
misappropriation. (Fontanilla v. People, 258 SCRA bracelet for Victoria on a commission basis, on
460) condition that, if these items can not be sold, they
may be returned to Victoria forthwith. Unable to sell
A money market transaction however partakes of the ring and bracelet, Rosa delivered both items to
the nature of a loan, and non‐payment thereof Aurelia with the understanding that Aurelia shall, in
would not give rise to criminal liability for estafa turn, return the items to Victoria. Aurelia dutifully
through misappropriation or conversion. In returned the bracelet to Victoria but sold the ring,
money market placements, the unpaid investor kept the cash proceeds thereof to herself, and
should institute against the middleman or dealer, issued a check to Victoria which bounced. Victoria
before the ordinary courts, a simple action for sued Rosa for estafa under Art. 315 of the RPC,
recovery of the amount he had invested, and if insisting that delivery to a third person of the thing
there is allegation of fraud, the proper forum held in trust is not a defense in estafa. Is Rosa
would be the SEC. (Sesbreno v. CA, 240 SCRA 606) criminally liable for estafa under the circumstances?
(1999 Bar Question)
3. Under paragraph (c):
a. The paper with the signature of the offended A: No, Rosa cannot be held criminally liable for
party is in blank; estafa. Although she received the jewelry from
b. Offended party delivered it to the offender; Victoria under an obligation to return the same or
c. Above the signature of the offended party, a deliver the proceeds thereof, she did not
document is written by the offender without misappropriate it. In fact, she gave them to Aurelia
authority to do so; specifically to be returned to Victoria. The
misappropriation was done by Aurelia, and absent
Q: What are the elements of estafa by means of Note: The check must be genuine. If the check is falsified
false pretenses or fraudulent acts under Article 315 and is cashed with the bank or exchanged for cash, the
(2)? crime is estafa thru falsification of a commercial document.
2. Under paragraph (b) – Resorting to some Q: What is novation theory and when does this
fraudulent practice to insure success in a apply?
gambling game;
3. Under paragraph (c) – A: Novation theory contemplates a situation wherein
a. Offender removed, concealed or destroyed. the victim’s acceptance of payment converted the
b. Any court record, office files, documents or offender’s criminal liability to a civil obligation. It
any other papers. applies only if there is a contractual relationship
c. With intent to defraud another. between the accused and the complainant.
Illustration: When a lawyer, pretending to verify Q: Does a novation or compromise affect the
a certain pleading in a case pending before a criminal liability of a person accused of estafa?
court, borrows the folder of the case, and Explain.
removes or destroys a document which
constitutes evidence in the said case, said lawyer A: Novation or compromise does not affect criminal
is guilty of estafa under par.3(c). liability of the offender of the accused. So, partial
payment or extension of time to pay the amount
Q: What does fraud and deceit in the crime of estafa misappropriated or acceptance of a promissory note
mean? for payment of the amount involved does not
extinguish criminal liability, because a criminal
A: In Alcantara v. Court of Appeals, this Court, offense is committed against the people and the
citing People v. Balasa, explained the meaning offended party may not waive or extinguish the
of fraud and deceit, viz.: criminal liability that the law imposes for the
commission of the offense. In order that novation of
Fraud in its general sense is deemed to comprise contract may relieve the accused of criminal liability,
anything calculated to deceive, including all acts, the novation must take place before the criminal
omissions, and concealment involving a breach of liability is incurred; criminal liability for estafa is not
legal or equitable duty, trust, or confidence justly affected by compromise or novation of contact for it
reposed, resulting in damage to another, or by which is a public offense which must be prosecuted and
an undue and unconscientious advantage is taken of punished by the State at its own volition.
another. It is a generic term embracing all
multifarious means which human ingenuity can Q: Does payment of an obligation before the
device, and which are resorted to by one individual to institution of the complaint relieve the offender
secure an advantage over another by false from liability?
suggestions or by suppression of truth and includes
all surprise, trick, cunning, dissembling and any unfair A: No. Mere payment of an obligation before the
way by which another is cheated. And deceit is the institution of a criminal complaint does not, on its
false representation of a matter of fact whether by own, constitute novation that may prevent criminal
words or conduct, by false or misleading allegations, liability. The criminal liability for estafa already
committed is not affected by the subsequent A: The complex crime of theft and estafa, the former,
novation of contract, for it is a public offense which a necessary means to commit the latter. C, with
must be prosecuted and punished by the State (Milla intent to gain, took the pawnshop tickets without the
v. People, Jan. 25, 2012). consent of either A or B. This is theft. By redeeming
the jewels by means of the pawnshop tickets, he
Q: What are the distinctions between robbery, theft committed estafa using a fictitious name (People v.
and estafa? Yusay, 60 Phil 598)
Cortez and Yabut that: In this jurisdiction, it is settled Note: Encumbrance includes every right or
that the offense of illegal recruitment is malum interest in the land which exists in favor of
prohibitum where the criminal intent of the accused third persons
is not necessary for conviction, while estafa is malum
in se where the criminal intent of the accused is c. There must be express representation
crucial for conviction. Conviction for offenses under by the offender that the real property is
the Labor Code does not bar conviction for offenses free from encumbrance
punishable by other laws. Conversely, conviction for d. Act of disposing of the real property be
estafa under par. 2(a) of Art. 315 of the Revised Penal made to the damage of another
Code does not bar a conviction for illegal recruitment
Note: If the loan had already been granted before the
under the Labor Code. It follows that one’s acquittal
property was offered as a security, Art. 316 (2) is not
of the crime of estafa will not necessarily result in his
violated.
acquittal of the crime of illegal recruitment in large
scale, and vice versa (People v. Rose Ochoa, August 3. Wrongful taking of personal property from its
2011). lawful possessor to the prejudice of the latter or
a third person;
OTHER FORMS OF SWINDLING Elements:
ART. 316 a. Offender is the owner of personal
property
Q: What are the other forms of swindling? b. Said personal property is in the lawful
possession of another
A: c. Offender wrongfully takes it from its
1. Conveying, selling, encumbering, or mortgaging lawful possessor
any real property, pretending to be the owner of d. Prejudice is thereby caused to the
the same. possessor or third person
Elements:
a. Thing be immovable 4. Executing any fictitious contract to the prejudice
b. Offender who is not the owner of said of another.
property should represent that he is the
owner thereof 5. Accepting any compensation given to him under
c. Offender should have executed an act of the belief it was in payment of services or labor
ownership (selling, leasing, encumbering when he did not actually perform such services
or mortgaging the real property) or labor.
d. Act is made to the prejudice of the
owner or of a third person. Note: This Article requires fraud as an important
element. If there is no fraud, it becomes payment not
Note: There must be existing real property to be liable owing, known as solution indebiti under the Civil Code
under this Article. If the real property is inexistent, the with the civil obligation to return the wrong payment.
offender will be liable for estafa under par. 2(a). (Reyes, 2008)
2. Disposing real property knowing it to be It would seem that what constitutes estafa under this
encumbered even if the encumbrance be not paragraph is the malicious failure to return the
compensation wrongfully received. (Reyes, 2008)
recorded.
Elements:
6. Selling, mortgaging or in any manner
a. That the thing disposed of is real
encumbering real property while being a surety
property;
in bond without express authority from the court
Note: If the thing encumbered is a personal
or before being relieved from the obligation.
property, it is Art. 319 (selling or pledging Elements:
personal property) which governs and not a. Offender is a surety in a bond given in a
this Article. criminal or civil action
b. He guaranteed the fulfillment of such
b. Offender knew that the real property obligation with his real property or
was encumbered, whether the properties
encumbrance is recorded or not c. He sells, mortgages, or, in any other
manner encumbers said real property
Q: What is the difference between Art. 316 (1) and Note: Deceits in this article include false pretenses and
Art. 315 par. 2 (a) fraudulent acts.
A: CHATTEL MORTGAGE
ART. 316 (1) ART. 315 PAR.2 (A)
Refers only to real Covers real and REMOVAL, SALE OR PLEDGE OF
property personal property MORTGAGED PROPERTY
The offender exercises or It is broader because it ART. 319
executes, as part of the can be committed even
false representation, some if the offender does not Q: What are the punishable acts?
act of dominion or execute acts of
ownership over the ownership, as long as A:
property to the damage there was a false 1. Knowingly removing any personal property
and prejudice of the real pretense mortgaged under the Chattel Mortgage Law to
owner of the thing any province or city other than the one in which
it was located at the time of execution of the
SWINDLING A MINOR mortgage, without the written consent of the
ART. 317 mortgagee or his executors, administrators or
assigns.
Q: What are the elements of this crime? Elements:
a. Personal property is mortgaged under
A: the Chattel Mortgage Law
1. Offender takes advantage of the inexperience or b. Offender knows that such property is so
emotions or feelings of a minor. mortgaged
2. He induces such minor to assume an obligation, c. Offender removes such mortgaged
or to give release, or to execute a transfer of any personal property to any province or
property right. city other than the one in which it was
located at the time of the execution of
Note: Real property is not included because it cannot the mortgage
be made to disappear, since a minor cannot convey d. Removal is permanent
real property without judicial authority. e. There is no written consent of the
mortgagee or his executors,
3. Consideration is some loan of money, credit or administrators or assigns to such
other personal property. removal
4. Transaction is to the detriment of such minor.
Note: Any person can be the offender.
Q: Is actual proof of deceit or misrepresentation
essential? 2. Selling or pledging personal property already
pledged, or any part thereof, under the terms of
A: No. It is sufficient that the offender takes the Chattel Mortgage Law, without the consent
advantage of the inexperience or emotions of the of the mortgagee written on the back of the
minor. mortgage and noted on the record thereof in the
office of the register of deeds of the province
OTHER DECEITS where such property is located.
ART. 318 Elements:
a. Personal property is already pledged
Q: What are the other kinds of deceit under Art. under the terms of the Chattel
318? Mortgage Law
b. Offender, who is the mortgagor of such stops or terminals, regardless of whether the
property, sells or pledges the same or offender had knowledge that there are
any part thereof persons in said building or edifice at the time
c. There is no consent of the mortgagee it is set on fire and regardless also of
written on the back of the mortgage and whether the building is actually inhabited or
noted on the record thereof in the office not
of the register of deeds. c. Any train or locomotive, ship or vessel,
airship or airplane, devoted to
Note: Chattel mortgage must be valid and subsisting. transportation or conveyance, or for public
Removal of the mortgaged personal property must be use, entertainment or leisure
coupled with intent to defraud. d. Any building, factory, warehouse installation
and any appurtenances thereto, which are
Q: Distinguish chattel mortgage from estafa under devoted to the service of public utilities
Art. 316. e. Any building the burning of which is for the
purpose of concealing or destroying
A: evidence of another violation of law, or for
ESTAFA UNDER ARTICLE purpose of concealing bankruptcy or
CHATTEL MORTGAGE
316 defrauding creditors or to collect from
The property involved is The property involved is insurance.
personal property a real property
Selling or pledging of To constitute estafa, it is 2. Two or more persons or by a group of persons,
personal property sufficient that the real regardless of whether their purpose is merely to
already pledged or property mortgaged be burn or destroy the building or the burning
mortgaged is committed sold as free, even though merely constitutes an overt act in the
by the mere failure to the vendor may have commission of another violation of law.
obtain the consent of the obtained the consent of
mortgagee in writing the mortgagee in writing 3. Any person who shall burn:
even if the offender a. Any arsenal, shipyard, storehouse or military
should inform the powder or fireworks factory, ordinance,
purchaser that the thing storehouse, archives or general museum of
sold is mortgaged the Government.
The purpose of the law is The purpose is to protect b. In an inhabited place, any storehouse or
to protect the mortgagee the purchaser, whether factory of inflammable or explosive
the first or the second materials.
DESTRUCTIVE ARSON Note: If there was the establishment of intent to kill, the
crime committed is not arson but murder by means of fire.
ART. 320, AS AMENDED BY R.A. 7659
MALICIOUS MISCHIEF
Q: How is Destructive Arson committed?
A: MALICIOUS MISCHIEF
1. Any person who shall burn: ART. 327
a. One or more buildings or edifices,
consequent to one single act of burning, or Q: What is malicious mischief?
as a result of simultaneous burnings, or
committed on several or different occasions A: Malicious mischief is the willful damaging of
b. Any building of public or private ownership, another’s property by any act not constituting arson
devoted to the public in general or where or crimes of destruction due to hate, revenge or mere
people usually gather or congregate for a pleasure of destroying.
definite purpose such as, but not limited to
official governmental function or business, Q: What are the elements of malicious mischief?
private transaction, commerce, trade
workshop, meetings and conferences or A:
merely incidental to a definite purpose such 1. Offender deliberately caused damage to the
as but not limited to hotels, motels, property of another
transient dwellings, public conveyance or
2. Such act does not constitute arson or other SPECIAL CASES OF MALICIOUS MISCHIEF AND
crimes involving destruction QUALIFIED MALICIOUS MISCHIEF
3. Act of damaging another’s property be ART. 328
committed merely for the sake of damaging it
Q: What are the punishable acts under this article?
Q: There was a collision between the side view
mirrors of two (2) vehicles. Immediately thereafter, A:
the wife and the daughter of A alighted from the 1. Causing damage to obstruct the performance of
CRV and confronted B. A, in view of the hostile public functions.
attitude of B, summoned his wife and daughter to 2. Using any poisonous or corrosive substance.
enter the CRV and while they were in the process of 3. Spreading any infections among cattle.
doing so, B moved and accelerated his Vitara 4. Causing damage to the property of the National
backward as if to hit them. Was there malicious Museum or National Library, or to any archive or
mischief? registry, waterworks, road, promenade, or any
other thing used in common by the public.
A: Yes. The hitting of the back portion of the CRV by B
was clearly deliberate. The act of damaging the rear Note: The cases of malicious mischief under this article is
bumper of the CRV does not constitute arson or other also called qualified malicious mischief
crimes involving destruction. When the Vitara
bumped the CRV, B was giving vent to his anger and OTHER MISCHIEFS
hate as a result of a heated encounter between him ART. 329
and A (Taguinod v. People, October 2011).
Q: What are covered by this Article?
Q: Mario was hired by the PNB as caretaker of its lot
situated in Balanga, Bataan. Consequently, Mario A: It includes mischiefs not included in Art. 328.
put up on the said lot a sign which reads "No
Trespassing, PNB Property" to ward off squatters. Q: What is the basis of penalty under this Article?
Despite the sign, Julita, believing that the said lot
was owned by her grandparents, constructed a nipa A: The value of the damage caused
hut thereon. Hence, Mario, together with four
others, tore down and demolished Julita's hut. She Q: The cows of B caused destruction to the plants of
thus filed with the MTC a criminal complaint for A. As an act of revenge, A and his tenants killed said
malicious mischief. Mario admitted that he cows. What is the crime committed?
deliberately demolished Julita's nipa hut but he,
however, contends that the third element of the A: The crime committed out of hate and revenge, is
crime of malicious mischief, i.e., that the act of that of malicious mischief penalized by Art. 329.
damaging another's property be committed merely
for the sake of damaging it, is not present in this
DAMAGE OR OBSTRUCTION TO MEANS OF
case. He maintains that the demolition of the nipa
COMMUNICATION
hut is for the purpose of safeguarding the interest of
ART. 330
his employer. Was the court correct in convicting
Mario of malicious mischief?
Q: How is this crime committed?
A: Yes, Mario’s conviction for malicious mischief
A: It is committed by damaging any railway, telegraph
must be sustained. As to the third element, Mario
or telephone lines.
was not justified in summarily and extra-judicially
demolishing Julita’s nipa hut. As it is, Mario
Q: What would qualify this crime?
proceeded not so much to safeguard the lot as it is
the vent to his anger and disgust over the “no
A: If the damage results in any derailment of cars,
tresspassing” sign he placed thereon. Indeed, his act
collision, or other accident.
of summarily demolishing the house smacks of his
pleasure in causing damage to it (Valeroso v. People,
G.R. No. 149718. Sept. 29, 2003). DESTROYING OR DAMAGING STATUTES, PUBLIC
MONUMENTS OR PAINTINGS
ART. 331
PERSONS EXEMPT FROM CRIMINAL LIABILITY Q: What is the nature of the crime of fencing?
IN CRIMES AGAINST PROPERTY
ART. 332 A: Fencing is a crime involving moral turpitude. Actual
knowledge of the fact that the property received is
Q: What are the crimes involved in this Article? stolen, displays the same degree of malicious
deprivation of one’s rightful property as that which
A: animated the robbery or theft which by their very
1. Theft nature, are crimes of moral turpitude (Dela Torre v.
2. Swindling (estafa) COMELEC, G.R. No. 121592, July 5, 1996).
3. Malicious mischief
Q: Who is a fence?
Note: If any of the crimes is complexed with other crime,
say Estafa thru Falsification, Art. 332 is not applicable.
A: A fence includes any person, firm, association,
corporation or partnership or other organization
Q: Who are the persons exempted under Art. 332?
who/which commits the act of fencing. (Sec. 2 [b])
A: The following persons are exempted from criminal
Q: Are the officers of juridical persons liable under
liability:
this law?
1. Spouses, ascendants and descendants, or
relatives by affinity in the same line.
A: Yes. If the fence is a partnership, firm, corporation
2. The widowed spouse with respect to the
or association, the president or the manager or any of
property which belonged to the deceased spouse
any officers thereof who knows or should have
before the same passed into the possession of
known the commission of the offense shall be liable.
another.
(Sec. 4)
3. Brothers and sisters and brothers-in-law and
sisters-in-law, if living together.
Q: What are the elements of fencing?
Note: The exemption does not apply to strangers
participating in the commission of the offense.
A: The elements of “fencing” are
1. A robbery or theft has been committed;
Q: Who are also included in the enumeration? 2. The accused, who took no part in the robbery or
theft, “buys, receives, possesses, keeps, acquires,
A: Included are stepfather, adopted children, natural conceals, sells or disposes, or buys and sells, or in
children, concubine, and paramour. any manner deals in any article or object taken”
during that robbery or theft;
3. The accused knows or should have known that
ANTI-FENCING LAW
the thing is derived from that crime; and
(P.D. 1612)
4. He intends by the deal he makes to gain for
himself or for another (Dimat v. People, January
DEFINITION 2012)
Q: What is fencing? Note: Fencing under P.D. 1612 is a distinct crime from theft
and robbery.
A: Fencing is the act of any person who, with intent to
gain for himself or for another, shall buy, receive, Q: What distinguishes fencing from robbery?
possess, keep, acquire, conceal, sell or dispose of, or
shall buy and sell, or in any other manner deal in any A: The law on fencing does not require the accused to
article, item, object or anything of value which he have participated in the criminal design to commit, or
knows, or should be known to him, to have been to have been in any wise involved in the commission
of, the crime of robbery or theft. Neither is the crime Constabulary/Director General, Integrated National
of robbery or theft made to depend on an act of Police shall promulgate such rules and regulations to
fencing in order that it can be consummated (People carry out the provisions of this section. Any person
v. De Guzman, G.R. No. 77368, October 5, 1993). who fails to secure the clearance or permit required
by this section or who violates any of the provisions
Q: Is fencing a continuing offense? of the rules and regulations promulgated thereunder
shall upon conviction be punished as a fence. (Sec.6)
A: No. Fencing is not a continuing offense.
Jurisdiction is with the court of the place where the BOUNCING CHECKS LAW
personal property subject of the robbery or theft was (B.P. 22)
possessed, bought, kept, or dealt with. The place
where the theft or robbery was committed was Q: What is a check?
inconsequential.
A: A check is a bill of exchange issued by a drawer
Q: In the prosecution of anti-fencing law, what ordering a drawee bank to pay the payee named in
should be proven? the check a certain amount either payable to bearer
or order. It is a substitute for money to pay an
A: Presidential Decree 1612 is a special law and, obligation incurred.
therefore, its violation is regarded as malum
prohibitum, requiring no proof of criminal intent. PUNISHABLE ACTS
What the prosecution must prove is that the offender
knew or should have known that the subject of the
Q: What is a bouncing check?
offense he acquired and later sold was derived from
theft or robbery and that he intended to obtain some
A: A check is considered a bouncing check when upon
gain out of his acts. (Dimat v. People, ibid.)
its presentment for payment, it is dishonoured for
insufficiency of funds or when the account of the
PRESUMPTION OF FENCING drawer is already closed.
Q: When does the presumption of fencing arise? Q: What is presentment for payment?
A: The mere possession of any good, article, item, A: Presentment for payment means using the check
object, or anything of value which has been the as substitute for money. It is actually converting the
subject of robbery or thievery shall be prima facie check into legal tender or money. The payee either
evidence of fencing. deposits it or encashes it over the counter.
Presentment can only be made on the due date of
Note: The presumption does not offend the presumption of the check.
innocence enshrined in the fundamental law. It only shifted
the burden of evidence to the defense. Burden of proof is
upon the fence to overcome the presumption.
Q: Who are liable under B.P. 22?
A:
EXCEPTION
1. Any person who makes or draws and issues any
check to apply on account or for value, knowing
WITH CLEARANCE OR PERMIT TO SELL at the time of issue that he does not have
sufficient funds in or credit with the drawee bank
Q: When does obtaining a clearance/permit to for the payment of such check in full upon its
sell/used second hand articles exempt a person presentment, which check is subsequently
from being liable under anti-fencing law? dishonored by the drawee bank for insufficiency
of funds or credit or would have been
A: All stores, establishments or entities dealing in the dishonored for the same reason had not the
buy and sell of any good, article item, object of drawer, without any valid reason, ordered the
anything of value obtained from an unlicensed dealer bank to stop payment.
or supplier thereof, shall before offering the same for
sale to the public, secure the necessary clearance or 2. Having sufficient funds in or credit with the
permit from the station commander of the Integrated drawee bank when he makes or draws and issues
National Police in the town or city where such store, a check, shall fail to keep sufficient funds or to
establishment or entity is located. The Chief of maintain a credit to cover the full amount of the
check if presented within a period of 90 days A: A negotiated the unfunded check of B in buying a
from the date appearing thereon, for which new tire for his car may only be prosecuted for estafa
reason it is dishonored by the drawee if he was aware at the time of such negotiation that
bank.(Sec.1) the check has no sufficient funds in the drawee bank;
otherwise, he is not criminally liable.
Q: What are the elements for violation of B.P. 22
(par. 1)? B who accommodated A with his check may
nevertheless be prosecuted under B.P. 22 for having
A: issued the check, knowing at the time of issuance
1. That a person makes or draws and issues any that he has no funds in the bank and that A will
check; negotiate it to buy a new tire, i.e. for value. B may not
2. The check is drawn or issued to apply on account be prosecuted for estafa because the facts indicate
or for a valuable consideration; that he is not actuated by intent to defraud in issuing
the check negotiated. Obviously, B issued the
3. The person who makes or draws and issues the postdated check only to help A. Criminal intent or
check knows at the time of issue that he does dolo is absent.
not have sufficient funds in or credit with the
drawee bank for the payment of such check in Q: What is the effect when the check was presented
th
full upon its presentment; for payment on the 96 day after its due date?
Note: Knowledge of insufficiency of funds is a state of A: If the payee presented the check and it bounced,
mind, hence, the hardest element to prove. even if the payee sends a written notice of dishonor
to the drawer, the payee would not be entitled to a
4. At the time the check was presented for payment presumption that the drawer had knowledge that he
at due date, the same was dishonoured for has no funds when the check was issued. The said
insufficiency of funds or credit, or would have presumption can only be utilized during the 90-day
been dishonoured for the same reason had not period.
the drawer, without any valid reason, ordered
the bank to stop payment. Q: Can a stolen check give rise to a violation of B.P.
22?
Q: What are the elements for violation of B.P. 22
(par. 2)? A: No. A stolen check cannot give rise to a violation
of B.P. 22 because the check is not drawn for a
A: valuable consideration.
1. That a person has sufficient funds in or credit
with the drawee bank when he makes or draws EVIDENCE OF KNOWLEDGE OF INSUFFICIENT FUNDS
and issues a check
2. That he fails to keep sufficient funds or to
Q: Is actual knowledge of insufficiency of funds
maintain a credit to cover the full amount of the
essential in B.P. 22
check if presented within a period of 90 days
from the date appearing thereon
A: Yes. Knowledge of insufficiency of funds or credit
3. That the check is dishonoured by the drawee
in the drawee bank for the payment of a check upon
bank
its presentment is an essential element of the
offense. There is a prima facie presumption of the
Q: A and B agreed to meet at the latter’s house to
existence of this element from the fact of drawing,
discuss B’s financial problems. On his way, one of
issuing or making a check, the payment of which was
A’s car tires blew up. Before A left the meeting, he
subsequently refused for insufficiency of funds. It is
asked B to lend him money to buy new spare tire. B
important to stress, however, that this is not a
had temporarily exhausted his bank deposits leaving
conclusive presumption that forecloses or precludes
a zero balance. Anticipating, however a
the presentation of evidence to the contrary. (Lim
replenishment of his account soon, B, issued a
Lao v. CA, G.R. No. 119178, June 20, 1997)
postdated check with which A negotiated for the
new tire. When presented, the check bounced for
Q: What is notice of dishonour?
lack of funds. The tire company filed a criminal case
against A and B. what would be the criminal liability,
A: When the check deposited by the payee bounces,
if any, of each of the two accused? Explain.
the bank will give a notice attached to the check that
the check is dishonoured for insufficiency of funds or A: Such is prima facie evidence of:
account closed. It is a small piece of paper attached 1. The making or issuance of the check;
to the check informing the payee that the check that 2. The due presentment to the drawee for
was presented for payment has been dishonored. payment and the dishonour thereof; and
3. The fact that the check was properly
Q: Is notice of dishonor an indispensable requisite dishonored for the reason stamped on the
for prosecution? check.
A: Yes, Sec. 3 of B.P. 22 requires that the holder of Q: What is the effect of the payment?
the check of the drawee bank, must notify the drawer
of the check that the same was dishonored, if the A: Once the check is paid within 5 days from notice of
same is presented within 90 days from the date of dishonor, there is no more violation of B.P. 22. The
the issuance, and upon notice the drawer has five reason of the law is already accomplished by the
days within which to make arrangements for the payment of the drawer of the check.
payment of the check or pay the same in full.
Q: Suppose the drawer goes into hiding to avoid
Note: There can be no prima facie evidence of knowledge receiving the written notice of dishonor, what is the
of insufficiency of funds if no notice of dishonor was remedy available to the payee?
actually sent to or received by the petitioner. The notice of
dishonor may be sent by the offended party of the drawee
A: The payee may have a witness to testify that a
bank. (Lim Lao v. CA)
copy of the written notice of dishonor was left at the
house of the drawer and that would be sufficient
Q: Is a verbal notice of dishonor sufficient?
written notice of dishonor.
A: No. the notice of dishonor must be in writing; a
Q: When is there prima facie evidence of knowledge
verbal notice is not enough. A mere oral notice or
of insufficient funds?
demand to pay would appear to be insufficient for
conviction under the law. (Damasang v. Court of
A: GR: There is a prima facie evidence of knowledge
Appeals)
of insufficient funds when the check was presented
within 90 days from the date appearing on the check
Q: What happens after the payee received the
and was dishonored.
notice from the drawee?
XPNs:
A: Upon receipt of the notice of dishonor, the payee
1. When the check was presented after 90 days
as the offended party, or the drawee bank will send a
from date
notice in writing to the drawer informing the latter of
2. When the maker or drawer:
such dishonor and giving the drawer five (5) banking
a. Pays the holder of the check in cash,
days to make good the check from receipt of the
the amount due within five banking
notice of dishonor, the notice of dishonor may be
days after receiving notice that such
sent by the payee/offended party or the drawee
check has not been paid by the
bank.
drawee
b. Makes arrangements for payment in
Q: Suppose the drawer, after his receipt of the
full by the drawee of such check
written notice of dishonor from the payee failed to
within five banking days after notice
make good the check within a specified period, what
of non-payment.
happens?
Q: Evangeline issued checks to accommodate and to
A: If the drawer receives the written notice of
guarantee the obligations of Boni in favour of
dishonor and still fails to make good the check within
another creditor. When the checks issued by
the given period, a presumption arises that at the
Evangeline were presented for payment, the same
time the drawer issued the check, he had knowledge
was dishonored for the reason “Account Closed”.
that he does not have sufficient funds.
She was then convicted of three counts of violation
of B.P. 22. On appeal, she contended that the
Q: What is the probative value of the unpaid or
prosecution failed to prove that she received any
dishonoured check with stamped information “re:
notice of dishonor of the subject checks from the
refusal to pay”?
drawee bank. Thus, according to her, in the absence
of such notice, her conviction under B.P. 22 was not Resources v. Contreras, A.M. No. MTJ-93-849, Oct. 26,
warranted for there was no bad faith or fraudulent 1994)
intent that may be inferred on her part. May
Evangeline be held liable for violation of B.P. 22 Q: Does the person who issue guarantee checks
even in the absence of notice of dishonor? which was dishonored in violation of the purpose of
the law incur any liability?
A: No. In order to create the prima facie
presumption, that the issuer knew of the insufficiency A: The mere issuance of any kind of check regardless
of funds, it must be shown that he or she received a of the intent of the parties, i.e. where the check was
notice of dishonor and within five banking days intended merely to serve as guaranty deposit, but
thereafter, failed to satisfy the amount of the check which check is subsequently dishonored makes the
or shall arrange for its payment. It is only then that person who issued the check liable. (Lazaro v. CA,
the drawer may be held liable for violation of the et.al., G.R. No. 105461, Nov. 11, 1993)
subject law. In order to be punished for the acts
committed under B.P. 22, it is required thereunder Q: Suppose guarantee checks were issued for lease
that not only should the accused issue a check that is of certain equipment but later their equipment was
dishonored but likewise the accused has actually pulled out. Is the drawer liable?
been notified in writing of the fact of dishonor.
(Evangeline Cabrera v. People, G.R. No. 150618, July A: In the case of Magno v. CA, G.R. No. 95542, June
24, 1989) 26, 1992, the accused issued a check of warranty
deposit for lease of certain equipment. Even knowing
Q: If the dishonour of the check was due to a stop that he has no funds or insufficient funds in the bank,
payment order, can the drawer be held liable for he does not incur any liability under B.P. 22, if the
violation of B.P. 22 ? lessor of the equipment pulled out the loaned
equipment. The drawer has no obligation to make
A: If the stop payment is reasonable and with a just good the check because there is no more deposit or
cause, there can be no violation of B.P. 22. If it is guaranty.
unreasonable, there can be a violation of B.P. 22.
Q: In case a check is drawn against a dollar account,
Q: What is indispensable in proving the guilt of the would it still constitute a violation of B.P. 22?
accused under B.P. 22?
A: Yes. A check drawn against a dollar account in a
A: It is indispensable that the checks issued be foreign country is still violative of the provisions of
offered in evidence because the gravamen of the B.P. 22 so long as the check is issued, delivered or
offense is the issuance of the check, not the uttered in the Philippines, even if the same is payable
nonpayment of an obligation outside of the Philippines. (De Villa v. CA, G.R. No.
83959, Apr. 8, 1991)
Q: Suppose X draws 10 checks, all of which bounced
for insufficiency of funds, what is X’s criminal Q: What are the distinctions between B.P. 22 and
liability under B.P. 22? Estafa?
obligation is punished. the amount of the Note: In the case of Eduardo Vaca v. CA, G.R. No. 131714,
check. Nov. 16, 1998, and Rosa Lim v. People, G.R. No. 130038,
Violated if check is Not violated if check is Sept. 18, 2000, as well as in Administrative Circular No. 12-
2000, the SC modified the sentence imposed for violation of
issued in payment of a issued in payment of a
B.P. 22 by deleting the penalty of imprisonment and
pre-existing obligation pre-existing obligation imposing only the penalty of fine in an amount double the
Damage not required There must be damage amount of the check. However, by virtue of the passage of
Administrative Circular No. 13-2001, the SC explained that
Drawer is given 5 days to Drawer is given 3 days
the clear tenor of Administrative Circular No. 12-2000 is not
make arrangements of to make arrangements
to remove imprisonment as an alternative penalty but to
payment after receipt of of payment after lay down a rule of preference in the application of the
notice of dishonor receipt of notice of penalties provided for in B.P. 22.
dishonor
Thus, Administrative Circular No. 12-2000 establishes a rule
Q: Does recovery from civil action arising from B.P. of preference in the application of the penal provisions of
22 preclude recovery from corresponding civil action B.P. 22 such that where the circumstances of both the
arising from estafa? offense and the offender clearly indicates good faith or a
clear mistake of fact without taint of negligence, the
imposition of fine alone should be considered as the more
A: Yes. Double recovery is not allowed by the law. appropriate penalty. Needless to say, the determination of
Settled is the rule that the single act of issuing a whether the circumstances warrant the imposition of fine
bouncing check may give rise to two distinct criminal alone rests solely upon the judge. Should the judge decide
offenses: estafa and violation of B.P. 22. However, that imprisonment is the more appropriate penalty,
the recovery of the single civil liability arising from Administrative Circular No. 12-2000 ought not to be
the single act of issuing a bouncing check in either deemed a hindrance.
criminal case bars the recovery of the same civil
liability in the other criminal action. While the law Q: What is the prescriptive period for violation of
allows two simulataneous civil remedies for the B.P. 22?
offended party, it authorizes recovery in only one. In
short, while two crimes arise from a single set of A: Four years from the presentation for payment.
facts, only one civil liability attaches to it (Rodriguez v.
Ponferrada, G.R. Nos. 155531-34, July 29, 2005). ANTI-CARNAPPING ACT OF 1972
(R.A. 6539)
PREFERENCE OF IMPOSITION OF FINE
Q: What is carnapping?
Q: What penalty may be imposed by the judge for
violation of B. P. 22? A: Carnapping is the taking, with intent to gain, of a
motor vehicle belonging to another without the
A: SC-AC No. 12-2000, as clarified by SC-AC No. 13- latter’s consent, or by means of violence against or
2001, established a rule on preference in imposing intimidation of person, or by using force upon things.
the penalties. When the circumstances of the case
clearly indicate good faith or clear mistake of fact Note: The overt act which is being punished under this law
without taint of negligence, the imposition of fine as carnapping is also the taking of a motor vehicle under
circumstances of theft or robbery.
alone may be considered as the preferred penalty.
The determination of the circumstances that warrant
Q: What is a motor vehicle?
the imposition of fine rests upon trial judge only.
Should the judge deem that imprisonment is
A: Motor vehicle" is any vehicle propelled by any
appropriate, such penalty may be imposed.
power other than muscular power using the public
highways, but excepting road rollers, trolley cars,
Q: Is being a first time offender the sole factor for
street-sweepers, sprinklers, lawn mowers, bulldozers,
the preferential penalty of fine alone?
graders, fork-lifts, amphibian trucks, and cranes if not
used on public highways, vehicles, which run only on
A: No. This circumstance is however not the sole
rails or tracks, and tractors, trailers and traction
factor in determining whether he deserves the
engines of all kinds used exclusively for agricultural
preferred penalty of fine alone. The penalty to be
purposes. Trailers having any number of wheels,
imposed depends on the peculiar circumstances of
when propelled or intended to be propelled by
each case. It is the trial court’s decision to impose any
attachment to a motor vehicle, shall be classified as
penalty within the confines of the law. (SC-AC No. 13-
separate motor vehicle with no power rating.
2001)
Q: What is the meaning of defacing or tampering X with a gun. X subsequently, took Pedro’s
with a serial number? car.
Q: What is repainting? A: No. The taking of the vehicle is not unlawful from
the beginning because the driver was authorized to
A: Repainting is changing the color of a motor vehicle use the vehicle. The crime is violation of R.A. 6539, no
by means of painting. There is repainting whenever longer Qualified Theft (People v. Bustinera).
the new color of a motor vehicle is different from its
color as registered in the Land Transportation Note: Qualified theft of a motor vehicle is the crime if only
the material or physical possession was yielded to the
Commission.
offender; otherwise, if juridical possession was also yielded,
the crime is estafa.
Q: What is body building?
Q: What are the elements of carnapping?
A: "Body-building" is a job undertaken on a motor
vehicle in order to replace its entire body with a new A:
body. 1. That there is an actual taking of the vehicle;
2. That the vehicle belongs to a person other than
Q: What is remodeling? the offender himself;
3. That the taking is without the consent of the
A: "Remodeling" is the introduction of some changes owner thereof; or that the taking was committed
in the shape or form of the body of the motor vehicle. by means of violence against or intimidation of
persons, or by using force upon things; and
Q: What is dismantling? 4. That the offender intends to gain from the taking
of the vehicle. (People v Gawan, G.R. No. 187044,
A: "Dismantling" is the tearing apart, piece by piece September 14, 2011)
or part by part, of a motor vehicle.
Q: What is unlawful taking?
Q: What is overhauling?
A: In People v. Bustinera, this Court defined unlawful
A: Overhauling" is the cleaning or repairing of the taking, or apoderamiento, as the taking of the motor
whole engine of a motor vehicle by separating the vehicle without the consent of the owner, or by
motor engine and its parts from the body of the means of violence against or intimidation of persons,
motor vehicle. or by using force upon things; it is deemed complete
from the moment the offender gains possession of
Q: How is carnapping committed? the thing, even if he has no opportunity to dispose of
the same. (People v Gawan, G.R. No. 187044,
A: It can be committed in two ways: September 14, 2011)
1. When the subject matter is a motor vehicle Q: When is there presumption of unlawfully taking
and the motor vehicle is unlawfully taken the motor vehicle?
through violence, threat or intimidation;
A: In Litton Mills, Inc. v. Sales, we said that for such
Illustration: Pedro is about to leave from presumption to arise, it must be proven that: (a) the
UST. Upon boarding his car, he was poked by property was stolen; (b) it was committed recently;
(c) that the stolen property was found in the PERSONS LIABLE
possession of the accused; and (d) the accused is
unable to explain his possession satisfactorily. (People Q: What is the duty of collector of customs?
v Gawan, ibid.)
A: The Collector of Customs of a principal port of
Q: What is intent to gain? entry where an imported motor vehicle, motor
vehicle engine, engine block chassis or body is
A: In Bustinera, we elucidated that intent to gain unloaded, shall, within 7 days after the arrival of the
or animus lucrandi is an internal act, presumed from imported motor vehicle or any of its parts
the unlawful taking of the motor vehicle. Actual gain enumerated herein, make a report of the shipment to
is irrelevant as the important consideration is the the Land Transportation Commission, specifying the
intent to gain. The term “gain” is not merely limited make, type and serial numbers, if any, of the motor
to pecuniary benefit but also includes the benefit vehicle engine, engine block and chassis or body, and
which in any other sense may be derived or expected stating the names and addresses of the owner or
from the act which is performed. Thus, the mere use consignee thereof.
of the thing which was taken without the owner’s
consent constitutes gain. (People v Gawan, ibid.) Note: If the motor vehicle engine, engine block, chassis or
body does not bear any serial number, the Collector of
REGISTRATION Customs concerned shall hold the motor vehicle engine,
engine block, chassis or body until it is numbered by the
Land Transportation Commission.
Q: In what instances is registration required?
Q: What is the duty of importers, distributors and
A:
sellers?
1. Registration of motor vehicle engine, engine
block and chassis
A: Any person engaged in the importation,
distribution, and buying and selling of motor vehicles,
Note: Within one year after the approval of this Act,
every owner or possessor of unregistered motor motor vehicle engines, engine blocks, chassis or body,
vehicle or parts thereof in knock down condition shall shall:
register with the Land Transportation Commission the 1. Keep a permanent record of his stocks,
following: stating therein:
1. Motor vehicle engine a. Their type, make and serial numbers,
2. Engine block and the names and
3. Chassis b. Addresses of the persons from whom
they were acquired and
2. Registration of sale, transfer, conveyance, c. The names and addresses of the persons
substitution or replacement of a motor vehicle to whom they were sold, and
engine, engine block or chassis.
2. Render an accurate monthly report of his
Q: Who shall register? transactions in motor vehicles to the Land
Transportation Commission
A: The owner in his name or in the name of the real
owner who shall be readily available to answer any Q: When is clearance and permit required?
claim over the registered motor vehicle engine,
engine block or chassis. A:
1. For assembly or rebuilding of motor vehicles. -
Q: What is the effect if the motor vehicle engines, Any person who shall undertake to assemble or
engine blocks and chassis are not registered? rebuild or cause the assembly or rebuilding of a
motor vehicle shall first secure a certificate of
A: It shall be considered as: clearance from the Philippine Constabulary
1. Untaxed importation
2. Coming from an illegal source Note: No such permit shall be issued unless the
3. Carnapped applicant shall present a statement under oath
containing the type, make and serial numbers of the
Note: It shall be confiscated in favor of the Government. engine, chassis and body, if any, and the complete list
of the spare parts of the motor vehicle to be
Q: What are the punishable acts? Note: If the foregoing circumstance(s) are present, the
penalty shall be imposed to its maximum period. (Sec.4)
A:
Q: Nestor had an argument with his live-in partner,
1. Defacing or tampering with serial numbers of
Honey concerning their son. During their heated
motor vehicle engines, engine blocks and chassis.
discussion, Nestor intimated to Honey his desire to
2. Carnapping
have sex with her but the same was thwarted.
Frustrated and incensed, Nestor set fire on both the
HUMAN SECURITY ACT OF 2007
plastic partition of the room and Honey’s clothes in
(R.A. 9372)
the cabinet. After realizing what he did, Nestor
attempted to put out the flames but it was too late.
PUNISHABLE ACTS OF TERRORISM This resulted to the burning of their home and the
other neighboring houses. Nestor was forthwith
NOTE: Refer to page 230. convicted of destructive arson. Was Nestor’s
conviction for the crime of destructive arson proper?
ANTI-ARSON LAW
(P.D.1613) A: No, the crime committed by Nestor is simple arson
penalized under Sec.3 par.2 of P.D. 1613 as the
Note: The laws on arson in force today are P.D. 1613 and properties burned by him are specifically described as
Article 320 as amended of the Revised Penal Code. houses, contemplating inhabited houses or dwellings
Consequently, simple arson is governed by P.D. 1613 while under the aforesaid law. Simple Arson contemplates
destructive arson is governed by the Revised Penal Code. crimes with less significant social, economic, political
and national security implications than Destructive
PUNISHABLE ACTS Arson. Destructive arson under Article 320 of the
RPC, on the other hand, contemplates the burning of
Q: What are the punishable acts under P.D. 1613? buildings and edifices. (People v. Soriano, G.R. No.
142565, July 29, 2003)
A:
1. Burning or setting fire to the property of another Q: What are the circumstances which shall
2. Setting fire to his own property under constitute as prima facie evidence of arson?
circumstances which expose to danger the life or
property of another.(Sec.1)
A:
1. If the fire started simultaneously in more than
one part of the building or establishment
2. If substantial amount of flammable substances or
materials are stored within the building not of
the offender nor for household use
3. If gasoline, kerosene, or other flammable or
combustible substances or materials soaked
therewith or containers thereof, or any
mechanical, electrical, chemical or electronic
contrivance designed to start a fire or ashes or
traces of any of the foregoing are found in the
ruins or premises of the burned building or
property
4. If the building or property is insured for
substantially more than its actual value at the
time of the issuance of the policy
5. If during the lifetime of the corresponding fire
insurance policy, more than two fires have
occurred in the same or other premises owned
or under the control of the offender and/or
insured
6. If shortly before the fire, a substantial portion of
the effects insured and stored in a building or
property had been withdrawn from the premises
except in the ordinary course of business
7. If a demand for money or other valuable
consideration was made before the fire in
exchange for the desistance of the offender or
for the safety of the person or property of the
victim
CRIMES AGAINST CHASTITY 5. Even if the man had left the country and
could not be apprehended, the woman can
Note: Rape is no longer a crime against chastity. It has been be tried and convicted.
re-classified under R.A. 8353 as a crime against person.
Q: How is adultery distinguished from prostitution?
Q: What are private crimes?
A:
A: The crimes of adultery, concubinage, seduction,
abduction and acts of lasciviousness are the so-called ADULTERY PROSTITUTION
private crimes. They cannot be prosecuted except It is a crime against public
It is a private offense.
upon the complaint initiated by the offended party. morals.
Committed by a woman
Note: The law regards the privacy of the offended party Committed by a married whether married or not,
here as more important than the disturbance to the order woman who shall have who for money or profit,
of society. The law gives the offended party the preference intercourse with a man habitually indulges in
whether to sue or not to sue.
not her husband. sexual intercourse or
lascivious conduct.
But the moment the offended party has initiated the
criminal complaint, the public prosecutor will take over and
continue with prosecution of the offender. This is so CONCUBINAGE
because when the prosecution starts, the crime already ART. 334
becomes public and it is beyond the offended party to
pardon the offender. Q: What are the punishable acts?
ADULTERY A:
ART. 333 1. Keeping a mistress in the conjugal dwelling.
2. Having sexual intercourse, under scandalous
Q: What are the elements of adultery? circumstances, with a woman who is not his wife.
3. Cohabiting with her in any other place.
A:
1. Woman is married Note: Unlike in adultery where a single sexual intercourse
2. She has sexual intercourse with a man not her may constitute such a crime, in concubinage, a married
husband man is liable only when he had sexual intercourse under
3. As regards the man with whom she has sexual scandalous circumstances.
intercourse, he must know her to be married
Q: What are the elements of concubinage?
Note: A single intercourse consummates the crime of
adultery. Each sexual intercourse constitutes a crime of A:
adultery, even if it involves the same man. The sexual 1. Man must be married.
intercourse need not to be proved by direct evidence. 2. He committed any of the following acts:
Circumstantial evidence like seeing the married woman and a. Keeping a mistress in the conjugal dwelling;
her paramour in scanty dress, sleeping together, alone in a
house, would suffice.
Illustration: If the charges consist in keeping
a mistress in the conjugal dwelling, there is
Q: Is acquittal of one of the defendants operates as
no need of proof of sexual intercourse. The
a cause of acquittal of the other?
conjugal dwelling is the house of the spouses
even if the wife happens to be temporarily
A: No, because of the following reasons:
absent therefrom. The woman however
1. There may not be a joint criminal intent,
must be brought to the conjugal house by
although there is joint physical act.
the accused as concubine to fall under this
2. One of the parties may be insane and the
article. Thus, if the co-accused was
other sane, in which case, only the sane
voluntarily taken and sheltered by the
could be held liable criminally.
spouses in their house, and treated as an
3. The man may not know that the woman is
adopted child being a relative of the
married, in which case, the man is innocent.
complaining wife, her illicit relations with the
4. Death of the woman during the pendency of
accused husband does not make her a
the action cannot defeat the trial and
mistress.
conviction of the man.
Q: What is required in order to sustain conviction for A: Mere words can constitute sexual harassment
acts of lasciviousness? unlike in acts of lasciviousness, where there must be
overt acts.
A: It is essential that the acts complained of be
prompted by lust or lewd designs and that the victim Q. What are the punishable acts under the Anti-
did not consent or encourage such acts. Sexual Harassment Act (R.A. 7887)?
SEDUCTION, CORRUPTION OF MINORS AND WHITE 3. Those who abused their relationship:
SLAVE TRADE a. Brother who seduced his sister
b. Ascendant who seduced his descendant
Q: How is seduction committed?
Note: Although in qualified seduction, the age of the
offended woman is considered, if the offended party is a
A: Seduction is committed by enticing a woman to
descendant or a sister of the offender – no matter how old
unlawful sexual intercourse by promise of marriage she is or whether she is a prostitute – the crime of qualified
or other means of persuasion without use of force. seduction is committed.
Q: What are the acts that constitute qualified A: Virginity does not mean physical virginity. It refers
seduction? to a woman of chaste character or virtuous woman of
good reputation.
A:
1. Seduction of a virgin over 12 years and under 18 Note: Virginity is not to be understood in so a material
years of age by certain persons, such as, a person sense as to exclude the idea of abduction of a virtuous
in authority, priest, house servant, domestic, woman of a good reputation. Thus, when the accused
claims he had prior sexual intercourse with the
guardian, teacher, or any person who , in any
complainant, the latter is still to be considered a virgin. But
capacity shall be entrusted with the education or
if it was established that the girl had carnal relations with
custody of the woman seduced; other men, there can be no crime of seduction as she is not
Elements: a virgin.
a. Offended party is a virgin which is
presumed if she is unmarried and of SIMPLE SEDUCTION
good reputation ART. 338
b. She is over 12 and under 18 years of age
c. Offender has sexual intercourse with
Q: What are the elements of simple seduction?
her
d. There is abuse of authority, confidence
A:
or relationship on the part of the
1. Offended party is over 12 and under 18 years of
offender
age.
2. She must be of good reputation, single or widow.
2. Seduction of a sister by her brother, or
3. Offender has sexual intercourse with her.
descendant by her ascendant, regardless of her
4. It is committed by means of deceit.
age or reputation.
Note: The deceit usually takes the form of promise to
Note: In this case, it is not necessary that the offended marry. If the promise to marry is made after the sexual
party is still a virgin. intercourse, there is no deceit. Neither is there deceit
if the promise is made by a married man, the woman
Q: Who are the persons liable for qualified knowing him to be married.
seduction?
Note: Virginity of the offended party is not required.
A:
1. Those who abused their authority: ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF
a. Person in public authority THE OFFENDED PARTY
b. Guardian ART. 339
c. Teacher
d. Person who, in any capacity, is entrusted Q: What are the elements of this crime?
with the education or custody of the woman
seduced A:
1. Offender commits acts of lasciviousness or
2. Those who abused confidence reposed in them: lewdness.
a. Priest 2. Acts are committed upon a woman who is virgin
b. House servant or single or widow of good reputation, under 18
c. Domestic
Q: Who are the persons liable under this article? A: Abduction is the taking away of a woman from her
house or the place where she may be for the purpose
A: Any person who shall promote or facilitate the of carrying her to another place with intent to marry
prostitution or corruption of persons underage to or to corrupt her.
satisfy the lust of another.
Q: What are the kinds of abduction?
Note: Under the present wordings of the law, a single act of
promoting or facilitating the corruption or prostitution of A:
minor is sufficient to constitute violation of this article. 1. Forcible abduction (Art. 342)
2. Consented abduction (Art 343)
Illustration: This is usually the act of a pimp who
offers to pleasure seekers, women for the FORCIBLE ABDUCTION
satisfaction of their lustful desires. A mere ART. 342
proposal would consummate the crime. But it
must be to satisfy the lust of another, not the Q: What are elements of forcible abduction?
proponent’s. The victim must be below 18.
A:
1. Person abducted is any woman, regardless of her
Q: Is it necessary that unchaste acts are done? age, civil status, or reputation
A: No. Mere proposal consummates the offense. 2. Abduction is against her will
Note: Victim must be of good reputation, not a prostitute Note: If the female is below 12 years of age, there
or corrupted person. need not be any force or intimidation to constitute
Forcible Abduction. In fact, the abduction may be with
WHITE SLAVE TRADE her consent and the reason for this is that she has no
ART. 341 will of her own, and therefore is incapable of giving the
real meaning of consent.
Q: What are the punishable acts?
3. Abduction is with lewd designs
Q: Distinguish adultery and concubinage vis-à-vis seduction, abduction, and acts of lasciviousness.
A:
ADULTERY AND CONCUBINAGE SEDUCTION, ABDUCTION AND ACTS OF LASCIVIOUSNESS
Prosecution
Must be prosecuted upon complaint Must be prosecuted upon complaint signed by:
filed by the offended spouse 1. Offended party
2. Her parents
Both the guilty parties, if both alive 3. Grandparents, or
must be included in the complaint 4. Guardians in the order named above.
for adultery or concubinage.
GR: Offended party, even if a minor, has the right to institute the prosecution
for the above mentioned offenses, independently of her parents,
grandparents or guardian.
If the offended woman is of age, she should be the one to file the complaint.
Pardon
Must be made by the offended party An express pardon by the offended party or other persons named in the law
to both the offenders. to the offender, as the case may be, bars prosecution.
May be a bar to prosecution if made GR: Parent cannot validly grant pardon to the offender without the express
before the institution of the criminal pardon of the girl.
action.
XPN: When she is dead or otherwise incapacitated to grant it, her
May be express or implied. parents, grandparents or guardian may do so for her.
GR: Pardon by the offended party who is a minor must have the concurrence
of parents.
XPN: When the offended girl has no parents who could concur in the
pardon.
Q: Who may file the complaint where offended XPN: The crime shall not be extinguished if
minor fails to file the same? the marriage is void ab initio
A: GR: The subsequent forgiveness of the wife Q: What are the crimes covered by this Article?
Q: What is the liability of ascendants, guardians, SPECIAL PROTECTION OF CHILDREN AGAINST CHILD
teachers or other persons entrusted with the ABUSE, EXPLOITATION AND DISCRIMINATION ACT
custody of the offended party? (R.A. NO. 7610, AS AMENDED)
A: Persons who cooperate as accomplices in the CHILD PROSTITUTION AND OTHER ACTS OF ABUSE
perpetration of the crimes covered are punished as
principals. They are:
1. Ascendants PUNISHABLE ACTS
2. Guardians
3. Curators Q: What are the punishable acts under R.A. 7610
4. Teachers regarding child prostitution and abuse?
5. Any other person who cooperates as
accomplice with abuse of authority or A:
confidential relationship 1. Engaging, promoting, facilitating or inducing child
prostitution which include, but are not limited to,
ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 the following:
(R.A. 9995) a. Acting as a procurer of a child prostitute;
b. Inducing a person to be a client of a child
prostitute by means of written or oral
PUNISHABLE ACTS advertisements or other similar means;
c. Taking advantage of influence or relationship
Q: What are the prohibited acts under R.A. 9995 to procure a child as prostitute;
d. Threatening or using violence towards a child
A: to engage him as a prostitute; or
1. To take photo or video coverage of a person or e. Giving monetary consideration, goods or other
group of persons performing sexual act or any pecuniary benefit to a child with intent to
similar activity or to capture an image of the engage such child in prostitution.
private area of a person/s such as the naked or
undergarment clad genitals, public area, buttocks 2. Committing the act of sexual intercourse or act of
or female breast without the consent of the lascivious conduct with a child exploited in
person/s involved and under circumstances in prostitution or subject to other sexual abuse;
which the person/s has/have a reasonable
expectation of privacy 3. Deriving profit or advantage therefrom, whether as
2. To copy or reproduce, or to cause to be copied or manager or owner of the establishment where the
reproduced, such photo or video or recording of prostitution takes place, or of the sauna, disco, bar,
sexual act or any similar activity with or without resort, place of entertainment or establishment,
consideration serving as a cover or which engages in prostitution
in addition to the activity for which the license has
3. To sell or distribute, or cause to be sold or been issued to said establishment.
distributed, such photo or video or recording of
sexual act, whether it be the original copy or
reproduction thereof; or
4. To publish or broadcast, or cause to be published
or broadcast, whether in print or broadcast
COMPARISON FOR THE PROSECUTION FOR THE ACTS A: Any person who shall hire, employ, use, persuade,
OF LASCIVIOUSNESS UNDER ART. 336, RPC AND R.A. induce or coerce a child to perform in obscene
NO. 7610, AS AMENDED exhibitions and indecent shows, whether live or in
video, or model in obscene publications or
Q: What is the difference between prosecution for pornographic materials or to sell or distribute the said
acts of lasciviousness under Art. 336, RPC and R.A. materials.
7610?
If the child used as a performer, subject or
A: seller/distributor is below twelve (12) years of age,
Art. 336, RPC R.A. 7610 the penalty shall be imposed in its maximum period.
Acts of lasciviousness Lascivious conduct is (Sec. 9)
is committed when defined as the intentional
the act performed touching, either directly or Q: When is an establishment deemed to promote or
with lewd design was through clothing, of the facilitate child prostitution and other sexual abuse,
perpetrated under genitalia, anus, groin, child trafficking, obscene publications and indecent
circumstances which breast, inner thigh, or shows, and other acts of abuse?
would have brought buttocks, or the
about the crime of introduction of any object A: If the acts constituting the same occur in the
rape if sexual into the genitalia, anus or premises of said establishment under this Act or in
intercourse was mouth of any person, violation of the Revised Penal Code, as amended. An
effected. whether of the same or enterprise such as a sauna, travel agency, or
opposite sex, with an recruitment agency which: promotes the
intent to abuse, humiliate, aforementioned acts as part of a tour for foreign
harass, degrade, or arouse tourists; exhibits children in a lewd or indecent show;
or gratify the sexual desire provides child masseurs for adults of the same or
of any person, bestiality, opposite sex and said services include any lascivious
masturbation, lascivious conduct with the customers; or solicits children or
exhibition of the genitals or activities constituting the aforementioned acts shall
pubic area of a person. be deemed to have committed the acts penalized
Shall be punished by The penalty for lascivious herein. (Sec. 11)
prision correccional conduct when the victim is
below 12 years old shall be Q: What are the sanctions of establishments and
reclusion temporal in its enterprises?
medium period. (Sec. 5, RA
7610) A: All establishments and enterprises which promote
or facilitate child prostitution and other sexual abuse,
child trafficking, obscene publications and indecent
Q: What are the elements of sexual abuse under
shows, and other acts of abuse shall be immediately
Sec. 5, Art. III of R.A. 7610?
closed and their authority or license to operate
cancelled, without prejudice to the owner or
A:
manager thereof being prosecuted under this Act
1. The accused commits the act of sexual intercourse
or lascivious conduct; and/or the Revised Penal Code, as amended, or
special laws.
2. The said act is performed with a child exploited in
prostitution or subjected to other sexual abuse; and
3. The child, whether male or female is below 18 ANTI-TRAFFICKING OF PERSONS ACT OF 2003
years of age (Garingarao v. People, G.R. 192760, July, (R.A. NO. 9208)
20, 2011).
PUNISHABLE ACTS
OBSCENE PUBLICATIONS AND INDECENT SHOWS
Q:What are the unlawful acts under R.A. 9208?
PUNISHABLE ACTS
A:
Q: How are obscene publications and indecent 1. To recruit, transport, transfer; harbor, provide, or
receive a person by any means, including those
shows committed?
done under the pretext of domestic or overseas
employment or training or apprenticeship, for
the purpose of prostitution, pornography, sexual 4. When the offender is an ascendant, parent,
exploitation, forced labor, slavery, involuntary sibling, guardian or a person who exercises
servitude or debt bondage; authority over the trafficked person or when the
offense is committed by a public officer or
2. To introduce or match for money, profit, or
employee;
material, economic or other consideration, any
person or, as provided for under Republic Act No. 5. When the trafficked person is recruited to
6955, any Filipino woman to a foreign national, engage in prostitution with any member of the
for marriage for the purpose of acquiring, buying, military or law enforcement agencies;
offering, selling or trading him/her to engage in
6. When the offender is a member of the military or
prostitution, pornography, sexual exploitation,
law enforcement agencies; and
forced labor, slavery, involuntary servitude or
debt bondage; 7. When by reason or on occasion of the act of
trafficking in persons, the offended party dies,
3. To offer or contract marriage, real or simulated,
becomes insane, suffers mutilation or is afflicted
for the purpose of acquiring, buying, offering,
with Human Immunodeficiency Virus (HIV) or the
selling, or trading them to engage in prostitution,
Acquired Immune Deficiency Syndrome (AIDS).
pornography, sexual exploitation, forced labor or
slavery, involuntary servitude or debt bondage;
4. To undertake or organize tours and travel plans ANTI-VIOLENCE AGAINST WOMEN AND CHILDREN
consisting of tourism packages or activities for ACT OF 2004 (R.A. NO. 9262)
the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation; PUNISHABLE ACTS
5. To maintain or hire a person to engage in
Q: What are the punishable acts under R.A. 9262?
prostitution or pornography;
6. To adopt or facilitate the adoption of persons for A:
the purpose of prostitution, pornography, sexual The crime of violence against women and their
exploitation, forced labor, slavery, involuntary children is committed through any of the following
servitude or debt bondage; acts:
7. To recruit, hire, adopt, transport or abduct a 1. Causing physical harm to the woman or her child
person, by means of threat or use of force, fraud,
2. Threatening to cause the woman or her child
deceit, violence, coercion, or intimidation for the
physical harm
purpose of removal or sale of organs of said
person; and 3. Attempting to cause the woman or her child
physical harm
8. To recruit, transport or adopt a child to engage in
armed activities in the Philippines or abroad. 4. Placing the woman or her child in fear of
imminent physical harm
Q: When is it considered as qualified? 5. Attempting to compel or compelling the woman
or her child to engage in conduct which the
A: woman or her child has the right to desist from
1. When the trafficked person is a child; or desist from conduct which the woman or her
2. When the adoption is effected through Republic child has the right to engage in, or attempting to
Act No. 8043, otherwise known as the "Inter- restrict or restricting the woman's or her child's
Country Adoption Act of 1995" and said adoption freedom of movement or conduct by force or
is for the purpose of prostitution, pornography, threat of force, physical or other harm or threat
sexual exploitation, forced labor, slavery, of physical or other harm, or intimidation
involuntary servitude or debt bondage; directed against the woman or child. This shall
include, but not limited to, the following acts
3. When the crime is committed by a syndicate, or committed with the purpose or effect of
in large scale. Trafficking is deemed committed controlling or restricting the woman's or her
by a syndicate if carried out by a group of three child's movement or conduct:
(3) or more persons conspiring or confederating
with one another. It is deemed committed in a. Threatening to deprive or actually
large scale if committed against three (3) or more depriving the woman or her child of
persons, individually or as a group; custody to her/his family
CRIMES AGAINST THE CIVIL STATUS 2. The offender conceals or abandons such child
3. The offender has the intent to cause the child to
SIMULATION OF BIRTHS, SUBSTITUTION OF ONE lose its civil status
CHILD FOR ANOTHER AND CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE CHILD USURPATION OF CIVIL STATUS
ART. 347 ART. 348
Q: What is the difference of bigamy and illegal Q: When does the prescriptive period commence?
marriage?
A: Does not commence from the commission thereof
A: Bigamy is a form of illegal marriage. Illegal but from the time of its discovery by the complainant
marriage includes also such other marriages which spouse.
are performed without complying with the
requirements of law, or such premature marriages, or Q: Can a person convicted of Bigamy still be
such marriages which was solemnized by one who is prosecuted for concubinage?
not authorized to solemnize the same.
A: Yes, if he or she continues to cohabit with the live-
Q: A was legally married to B on November 26, in partner for which he was accused and tried for
1992. He later filed a petition seeking the Bigamy (People v, Cabrera, 43 Phil. 82).
declaration of nullity of their marriage. On 10
December 2001, he contracted a second or MARRIAGE CONTRACTED AGAINST
subsequent marriage with C. The court later PROVISIONS OF LAWS
declared the nullity of the marriage of A and B on ART. 350
June 27, 2006. Did A commit bigamy?
Q: What are the elements of this crime?
A: Yes. At the time of his second marriage with C, his
marriage with B was legally subsisting. It is noted A:
that the finality of the decision declaring the nullity of 1. Offender contracted marriage
his first marriage with B was only on June 27, 2006 or 2. He knew at the time that the:
about five (5) years after his second marriage to a. Requirements of the law were not
C. The second or subsequent marriage of petitioner complied with; or
with C has all the essential requisites for b. Marriage was in disregard of a legal
validity (Teves v. People, August 2011). impediment.
3. The act of the offender does not constitute
Q: Is a judicial declaration of nullity of marriage Bigamy (People v. Salazar, February 11, 1980).
necessary?
Illustration: Where the parties secured a falsified
A: GR: A judicial declaration of nullity of a previous marriage contract complete with the supposed
marriage is necessary before a subsequent one can signature of a mayor and which they presented to the
be legally contracted. One who enters into a priest who solemnized the marriage, they committed
subsequent marriage without first obtaining such Illegal Marriage (Sandoval).
judicial declaration is guilty of bigamy. This principle
applies even if the earlier union is characterized by Q: What would qualify this crime?
statutes as "void" (Mercado v. Tan, G.R. No. 137110, A: If either of the contracting parties obtains the
Aug. 1, 2000). consent of the other by means of violence,
intimidation or fraud.
XPN: Where no marriage ceremony at all was
performed by a duly authorized solemnizing PREMATURE MARRIAGES
officer (Morigo v. People G.R. No. 145226, Feb. 6, ART. 351
2004).
Q: Who are the persons liable?
Illustration: The mere private act of signing a
marriage contract bears no semblance to a valid
A:
marriage and thus, needs no judicial declaration
1. Widow who married within 301 days from the
of nullity. Such act alone, without more, cannot
date of the death of her husband, or before
be deemed to constitute an ostensibly valid
having delivered if she is pregnant at the time of
marriage for which petitioner might be held
his death.
liable for bigamy (Morigo v. People, G.R. No.
145226, Feb. 6, 2004).
Note: Period of 301 days may be disregarded if the
first husband was impotent or sterile. Period of 301
Note: The death of the first spouse during the pendency of days, or 10 months, is only for cases where the woman
the case does not extinguish the crime, because when the is not, or does not know yet that she is pregnant at the
offender married the second spouse, the first marriage was time she becomes a widow. If she is pregnant at the
still subsisting.
Q: Dolores Magno was charged and convicted of Note: Malice is presumed and the test is the character of
libel for the writings on the wall and for the the words used. The meaning of the writer or author is
unsigned letter addressed to the Alejandro spouses, immaterial.
containing invectives directed against Cerelito
Alejandro. Dolores contends that the prosecution Q: What are the two kinds of malice?
failed to establish the presence of the elements of
authorship and publication of the malicious writings A:
on the wall, as well as the unsigned letter addressed 1. Malice in fact maybe shown by proof of ill-will,
to the Alejandro spouses. She argues that since the hatred, or purpose to injure.
letter was addressed to the spouses, Fe (Cerelito’s 2. Malice in law is presumed from a defamatory
wife) was, insofar as Cerelito is concerned, not a imputation. However, presumption is rebutted if
third person for purposes of publication. Is she it is shown by the accused that:
liable? a. Defamatory imputation is true, in case the
law allows proof of the truth of the
A: To be liable for libel under Art. 353 of the RPC, the imputation;
following elements must be shown to exist: b. It is published with good intention; and
c. There is justifiable motive for making it. Q: When can freedom of speech not be invoked?
A: The one obstacle that those pleading the defense LIBEL BY MEANS OF WRITING OR SIMILAR MEANS
of privileged communication must hurdle is the test ART. 355
of relevancy. Under this test, a matter alleged in the
course of the proceedings need not be in every case Q: In what way may libel be committed?
material to the issues presented but should be
legitimately related to the issues or be so pertinent to A: Libel may be committed by:
the controversy that it may become the subject of 1. Writing
inquiry in the course of trial. (Alcantara v. Ponce, G.R. 2. Printing
No. 156183, Feb. 28, 2007) 3. Lithography
4. Engraving
Q: Ponce filed a string of criminal complaints against 5. Radio
Alcantara and his family, including one for estafa. In 6. Phonograph
essence, Ponce alleged that Alcantara had swindled 7. Painting
him out of 3,000,000 shares of Floro Cement 8. Theatrical exhibition
Corporation. It was in the course of the preliminary 9. Cinematographic exhibition
investigation of the complaint for estafa that Ponce, 10. Any similar means
shortly after giving his sur-rejoinder
affidavit, submitted to the investigating prosecutor a Note: Defamation through amplifiers is not libel, but oral
newsletter purporting to be a belated annex to the defamation (People v. Santiago, 5 SCRA 231).
affidavit. It was prefaced with the quotation “For
every extraordinary fortune there is a great crime” THREATENING TO PUBLISH AND OFFER TO PREVENT
and the text: An example is Marcos. We need not SUCH PUBLICATION FOR A COMPENSATION
discuss this. Second example is the Alcantaras. The ART. 356
newsletter then went on to discuss SEC Case No.
2507 in which Ponce accused the Alcantaras of Q: What are the punishable acts?
defrauding him of his shares in Iligan Cement
Corporation. Claiming that the statements in the A:
newsletter were defamatory, Alcantara filed a 1. Threatening another to publish a libel concerning
complaint for libel. Ponce on the other hand raised him, or his parents, spouse, child, or other
privileged communication as a defense. Is the members of his family.
defense tenable?
2. Offering to prevent the publication of such libel
A: Yes. It is a settled principle in this jurisdiction that for compensation, or money consideration.
statements made in the course of judicial
proceedings are absolutely privileged. This absolute Note: Known as “blackmail” – in its metaphorical sense,
privilege remains regardless of the defamatory tenor may be defined as any unlawful extortion of money by
and the presence of malice if the same threats of accusation or exposure.
are relevant, pertinent or material to the cause in
hand or subject of the inquiry. Furthermore, the Q: In what felonies is blackmail committed?
newsletter qualified as a communication made bona
fide upon any subject-matter in which the party A:
communicating has an interest . . . made to a person 1. Light threats
having a corresponding interest or duty, although it 2. Threatening to publish, or offering to prevent the
contained incriminatory matter which without this publication of, a libel for compensation
privilege would be slanderous and actionable. The
controversial statements were made in the context of PROHIBITED PUBLICATION OF ACTS REFERRED TO IN
a criminal complaint against Alcantara, albeit for THE COURSE OF OFFICIAL PROCEEDINGS
other, separate acts involving greed and deceit, and ART. 357
were disclosed only to the official investigating the
complaint. Liberally applying the privileged Q: What are the elements of the crime?
communication doctrine, these statements were still
relevant to the complaint under investigation A:
because, like the averments therein, they also 1. That the offender is a reporter, editor or manager
involved Alcantara’s alleged rapacity and of a newspaper daily or magazine
deceitfulness. (Alcantara v. Ponce, ibid.) 2. That he publishes facts connected with the
private life of another
3. That such facts are offensive to the honor, virtue contempt and
and reputation of said person embarrassment or ridicule
to the latter.
Note: The prohibition applies even though said publication A crime against honor Has no definite
be made in connection with or under the pretext that it is penalized in Art. 358, RPC. concept as a crime.
necessary in the narration of any judicial or administrative
proceedings wherein such facts have been mentioned.
Q: What are the factors that determine the gravity
of oral defamation?
Q: What is the so called Gag Law?
A:
A: Newspaper reports on cases pertaining to
1. Expressions used
adultery, divorce, issues about the legitimacy of
2. Personal relations of the accused and the
children, etc., will necessarily be barred from
offended party
publication. Source of news report may not be
3. Circumstances surrounding the case
revealed.
Note: Social standing and the position of the offended
SLANDER party are also taken into account.
ART. 358
Q: Lando and Marco are candidates in the local
Q: What are the kinds of oral defamation? elections. In his speeches Lando attacked his
opponent Marco alleging that he is the son of
A: Nanding, a robber and a thief who amassed his
1. Simple slander wealth through shady deals. May Marco file a case
2. Grave slander, when it is of a serious and against Lando for grave oral defamation? (1990 Bar
insulting nature. Question)
Q: What are the elements of oral defamation? A: Marco cannot file a case for grave oral defamation.
If at all, he may file a case for light slander. In the case
A: of People v. Laroga (40 O.G. 123). It was held that
1. There must be an imputation of a crime, or a vice defamation in political meeting when feelings are
or defect, real or imaginary, or any act, omission, running high and people could not think clearly, only
condition, status or circumstances; amount to light slander.
2. Imputation must be made publicly;
3. The imputation must be malicious; SLANDER BY DEED
4. The imputation must be directed at a natural or ART. 359
juridical person, or one who is dead;
5. The imputation must tend to cause dishonor, Q: What is slander by deed?
discredit or contempt of the person defamed (People
v. Maratas, April 11, 1980). A: Slander by deed is a crime against honor which is
committed by performing any act which casts
Note: The imputation, of course, must be verbally made or
dishonor, discredit, or contempt upon another
uttered. The slanderous remarks need not to be heard by
the offended party as long as they are uttered in the
person.
presence of a third person.
Q: What are the elements of slander by deed?
Q: What are the distinctions between oral
defamation and criminal conversation? A:
1. Offender performs any act not included in any
A: other crime against honor
CRIMINAL 2. Such act is performed in the presence of other
ORAL DEFAMATION person or persons
CONVERSATION
Malicious imputation of any Used in making a 3. Such act casts dishonor, discredit or contempt
act, omission, condition or polite reference to upon the offended party
circumstance against a sexual intercourse as
person, done orally in in certain crimes, like Q: What are the kinds of slander by deed?
public, tending to cause rape, seduction and
dishonor, discredit, adultery.
relation to office. (People v. Benipayo, G.R. No. court. But probable cause for belief in the truth of the
154473, April 24, 2009) statement is sufficient.
Q: Who is liable? In Mari v. CA, where the crime involved is slander by deed,
the Court modified the penalty imposed on the petitioner,
A: Any person who shall make any intrigue which has an ordinary government employee, from imprisonment to
for its principal purpose to blemish the honor or fine of P1,000.00, with subsidiary imprisonment in case of
reputation of another person. insolvency, on the ground that the latter committed the
offense in the heat of anger and in reaction to a perceived
provocation.
Q: What is the distinction between intriguing against
honor and slander? In Brillante v. CA, the Court deleted the penalty of
imprisonment imposed upon petitioner, a local politician,
A: but maintained the penalty of fine of P4,0000.00, with
INTRIGUING AGAINST subsidiary imprisonment in case of insolvency, in each of
SLANDER the (5) cases of libel, on the ground that the intensely
HONOR
The source of the Offender made the feverish passions evoked during the election period in 1988
must have agitated petitioner into writing his open letter;
defamatory utterance is utterance, where the
and that incomplete privileged communication should be
unknown and the source of the defamatory appreciated in favor of petitioner, especially considering
offender simply repeats nature of the utterance is the wide latitude traditionally given to defamatory
or passes the same, known, and offender utterances against public officials in connection with or
without subscribing to makes a republication relevant to their performance of official duties or against
the truth thereof. thereof, even though he public figures in relation to matters of public interest
repeats the libelous involving them.
statement as coming
from another, as long as In Buatis, Jr. v. People, the Court opted to impose upon
petitioner, a lawyer, the penalty of fine only for the crime
the source is identified.
of libel considering that it was his first offense and he was
motivated purely by his belief that he was merely exercising
a civic or moral duty to his client when wrote the
defamatory letter to private complainant.
2. Committing through simple imprudence or Note: The Penal Code does not draw a well-defined
negligence an act which would otherwise demarcation line between negligent acts that are delictual
constitute a grave or a less serious felony and those which are quasi-delictual. It is possible that a
negligent act may be delictual and quasi-delictual at the
3. Causing damage to the property of another same time.
through reckless imprudence or simple
imprudence or negligence Q: What is the effect of accident in relation to Art.
4. Causing through simple imprudence or 275, par. 2 (failure to help or render assistance to
negligence some wrong which, if done another whom he has accidentally wounded or
maliciously, would have constituted a light felony injured) and Art. 365 (imprudence and negligence).
A:
Q: What is the doctrine of last clear chance?
1. There is lack of precaution on the part of the
offender.
A: The last clear chance doctrine states that the
2. Damage impending to be caused is not
contributory negligence of the party injured will not
immediate nor the danger clearly manifested.
defeat the action if it be shown that the accused
might, by the exercise of reasonable care and
Note: Art. 64, relative to mitigating and aggravating
circumstances, is not applicable to crimes committed prudence, have avoided the consequences of the
through negligence. negligence of the injured party.
Note: Under the res ipsa loquitur rule in its broad sense,
the fact of the occurrence of an injury, taken with the
surrounding circumstances, may permit an inference or
raise a presumption of negligence, or make out a
plaintiff’s prima facie case, and present a question of fact
for defendant to meet with an explanation. It is not a rule of
substantive law but more a procedural rule. Its mere
invocation does not exempt the plaintiff with the
requirement of proof to prove negligence. It merely allows
the plaintiff to present along with the proof of the accident,
enough of the attending circumstances to invoke the
doctrine, creating an inference or presumption of
negligence and to thereby place on the defendant the
burden of going forward with the proof (Estrada v.
Desierto, G.R. Nos. 146710-15, April 3, 2001)