EPSILON BETA KAPPA

Finals, Criminal Law Review 2014

1.-2. 2 items/questions on libel (cant recall the questions)

Points to remember:

Q: What is libel?
A: Libel is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or
any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or
contempt of a natural or juridical person, or to blacken the memory of one who is dead.

Q: How is libel committed?

A: Libel is a defamation committed by means of writing, printing, lithography, engraving, radio,
phonograph, painting or theatrical or cinematographic exhibition, or any similar means.
Note: No distinction between calumny, insult and libel.

Q: Who are liable for libel?

A:
1. Any person who shall publish, exhibit or cause the publication or exhibition of any defamation in
writing or by similar means.

2. The author or editor of a book or pamphlet, or the editor or business manager of a daily
newspaper, magazine or serial publication, for defamation contained therein to the same extent as
if he were the author thereof.
Q: What are the elements of defamation?
A: There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act,
omission, condition, status or circumstance.
1. Imputation must be made publicly.
2. It must be malicious.
3. It must be directed at a natural or juridical person, or one who is dead (identification of the
offended party is required).
4. It must tend to cause the dishonor, discredit or contempt of the person defamed.

Q: What is malice?
A: Malice is a term used to indicate the fact that the offender is prompted by personal ill-will or spite
and speaks not in response to duty but merely to injure the reputation of the person defamed.
Note: In libel cases, the question is not what the victim means but what the words used by him mean.
(Sazon v. CA, G.R. No. 120715, Mar.29, 1996)

Q: In what way may libel be committed?

A: Libel may be committed by:

1. Writing

1. Printing
2. Lithography
3. Engraving
4. Radio
5. Phonograph
6. Painting
7. Theatrical exhibition
8. Cinematographic exhibition
9. Any similar mean

To be liable for libel under Article 353 of the RPC, the following elements must be shown to exist:
 EPSILON BETA KAPPA

1. The allegation of a discreditable act or condition concerning another

2. Publication of the charge
3. Identity of the person defamed
4. Existence of malice.

Publication, in the law of libel, means the making of the defamatory matter, after it has been
written, known to someone other than the person to whom it has been written. If the statement is
sent straight to a person for whom it is written there is no publication of it. The reason for this is
that “a communication of the defamatory matter to the person defamed cannot injure his
reputation though it may wound his self-esteem. A man’s reputation is not the good opinion he has
of himself,

Q: What is the common defense in libel?

A: That it is covered by privileged communication.
1. Absolute privileged – not actionable even if the author has acted in bad faith like the statements
made by members of Congress in the discharge of their official functions;

2. Conditional or qualified – like a private communication made by any person to another in the
performance of any legal, moral, or social duty, and a fair and true report, made in good faith,
without any comments or remarks, of any judicial, legislative or other official proceedings which
are not of confidential nature. Here, even if the statements are defamatory, there is no
presumption of malice. The prosecution must prove malice in fact to convict the accused.

3. A, B, C robbed a house; to destroy the evidence, A and B burnt the house which caused the
death of the persons inside. What are the criminal liabilities of each?
• there no complex crime of arson with homicide. The crime of homicide is
Answer: absorbed if by reason, or on the occassion of arson death results

The crimes committed by A and B are separate crimes of robbery and arson. The burning of the house
was not committed in the course of robbery, and is not a necessary mean in committing the robbery.
Therefore, the two crimes cannot be complexed and will warrant the charge of separate crimes of
robbery and arson against A and B. the resulting death for the crime of arson will only operate to
increase the penalty of A and B, but will not give rise to a separate charge of homicide, since article
326 provides for a higher penalty in case of death resulting from arson.

C can be charged only of robbery. The conspiracy between the three perpetrators was only to commit
robbery. The burning of the building was a mere afterthought committed by A and B. However, in order
for C to be exempt from the prosecution of the crime of arson, he must not be present during the
commission, or if present, he must have prevented the same.

4. owners of a house went on a vacation; X saw a bunch of keys on the road near the house;
used it to open the house; freely went inside; took out things. Was a crime committed? If yes,
what?

Answer:

The crime committed by X was robbery with force upon things, as provided for under article 299,
paragraph a(3) which provides that robbery can be committed if in entering an inhabited house, the
malefactors use, among others, false keys, picklocks or similar tools. X entered the house using keys
which he has found on the road. Even though the keys found are genuine, it has been settled that these
can be considered false keys. Thus, x committed robbery in an inhabited house, through force upon
things.
5. a housemaid broke into a pawnshop and stole jewelries; used the door to get inside. What
crime was committed?

Suggested Answers:

If housemaid taga-pawnshop or iya amo ang tag-iya sa pawnshop:

The housemaid committed qualified theft, as punished under article 310 of the RPC. the charge against
a housemaid is always qualified since abuse of confidence is not necessary…

If dili niya amo ang tag-iya:

The crime committed was theft, since the entrance was not made through any of the acts that would
qualify the offense to robbery.

6. RTA/MMDA officer ticketed a PUJ driver for allegedly violating traffic rules ; driver
failed/refused to pay hence the officer caused his arrest and put him in jail. What crime was
committed?

Suggested Answer: illegal detention?

The crime committed was unlawful arrest, punishable under article 269. The elements of this crime are
as follow:

1. Offender arrests or detains another person

2. Purpose of the offender is to deliver him to the proper authorities
3. Arrest or detention is not authorized by law or there is no reasonable ground thereof.

Violation of traffic rules do not give the officer an authority to arrest the driver. What he should
have done was to confiscate the driver’s license and deposit the same to the RTA office.
RTA/MMDA officers are not authorized to arrest (d ko sure…).

7.A B C were invited to attend a meeting which plans to stage a coup de etat; they went to the
meeting and manifested their acceptance/willingness to join; plan was not carried out bec. they
were apprehended. Was a crime committed? If yes, what ?

Suggested Answer: Conspiracy and proposal to commit coup d' etat?

No crime is committed. The meeting where a coup d’etat was planned to be committed cannot
constitute the crime of illegal assembly nor of illegal association. In illegal assembly, it is necessary
that the meeting is attended by armed men, and the purpose is to commit any of the crimes punishable
in the RPC. The meeting does not also constitute illegal assembly in the second form since eventhough
the plan was to commit coup d’etat, this is not one of the crimes enumerated under article 146, for
the commission of the second form. They cannot also be charged with illegal association since there is
no showing that an association was formed, organized or that A, B and C are members, which are the
acts punished in illegal association. If at all, the nearest crime that they have committed is only tumult
(or alarms and scandals…?).

8.discuss the importance of knowing the difference bet. Direct assault and indirect assault

Points to remember:
 Crimes Against Persons in Authority and their Agents

A. They include: (1) Direct Assault (2) Indirect Assault (3) Resistance and Disobedience and (4)
Disobedience to Summons of Congress and Constitutional Commissions

B. Distinctions between:

1. Public officer- any person who takes part in the performance of public functions in the government
(Art. 203)

1. Person in authority( PIA)- one who is directly vested with jurisdiction to execute or enforce the
laws
2. Agent( APIA)- one who is generally charged with the maintenance of peace and order and the
protection and security of life and property

4. Hence a public officer is not necessarily a PIA or APIA but the latter are always public officers.

Art. 148 Revised Penal Code. Direct Assault

I. There are two kinds the first being: Without a public uprising by employing force or intimidation to attain
any of the purposes of rebellion or sedition. This is very rare. It is the second form which is commonly
committed.

II. Second kind is committed when, without a public uprising, the offender: (i) Attacks (ii) Employs force
(iii) Seriously intimidates or seriously resists (iv) Any person in authority or his agent (v) while engaged in
the performance of official duties or on the occasion thereof (vi) knowing him to be such.

III. Requirements:

A. There must be an attack or employment of force or serious intimidation, upon the person of the
victim. This includes any offensive or antagonistic movement of any kind, with or without a weapon.
This may be an actual physical contact or the instilling of fear or threat of an evil on the person of the
victim, but not on his property.

1. Examples: boxing, pointing a gun, brandishing a weapon, shouting and berating, challenging to a
fight, throwing an article at him

2). The degree of force required depends on whether the victim is a PIA or APIA. In case of a PIA
actual forced is not necessary because mere laying of hands is sufficient, such as by pushing or
shoving him or pulling at his collar. If he were an APIA, actual force is required because mere
laying of hands would constitute simple resistance

3). As to intimidation and resistance the same must be serious and actual whether the victim is a
PIA or APIA otherwise the offense is resistance and disobedience under article 151.

B. The offended party must be a PIA or a APIA and has not yet been separated from the service. Thus
the crime is committed even if at the time of commission the PIA/APIA is on leave, on vacation, or
under suspension, but no when he has retired or was dismissed or removed.
 1. The following are PIAs:

a). Any person directly vested with jurisdiction i.e he has the power to govern, execute the
laws and administer justice

b). Teachers, professors and persons charged with the supervision of public or duly
recognized private schools, colleges and universities. They must be within the school
premises during school hours or are actually performing the tasks outside the school
premises

c). Lawyers in the actual performance of their professional duties or on the occasion of such
performance

Note that teachers and lawyers are PIAs only for purposes of Direct Assault and Resistance
and Disobedience but not for purposes of Indirect Assault

d). Under the Local Government Code: (a) the Punong Barangay, (b) Sanguniang Barangay
members and (c) members of the Lupong Tagapamayapa

2. The following are APIAS:

a. Those who, by direct provision of law, or by election or by appointment, are charged with
the maintenance of public order and the protection of life and property ( AGENTS PROPER)
such as :

(i). Law Enforcement Agents such as the PNP and the NBI irrespective of their rank

(ii). Barangay Tanods

(iii).Municipal treasurer being the agent of the provincial treasurer

(iv). The postmaster being the agent of the Director of Posts

(v). But Members of the AFP are not included

b. Any person who comes to the aid of PIAs who is under direct assault. ( AGENTS BY
ASSISTANCE)

Note that if a teacher or lawyer is the person who comes to the assistance of the PIA,
then he is considered as an APIA.

3. Thus private persons may be victims but to a limited extent: (i). when they are considered by law
as PIAs or APIAs such as teachers and lawyers (ii). and those who come to the aid of PIAs

C. The accused must know the victim is a PIA/APIA which fact must be alleged in the Information

1. There must be a clear intent on the part of the accused to defy the authorities, to offend, injure or
assault the victim as a PIA/APIA

IV. Time of the Assault:

 1. If the assault is during the occasion of the performance of official duties the motive of the accused
is immaterial. As long as the victim was assaulted in his office or in the premises where he holds
office, or even while on his way to office, it is not required that he was actually doing an act
related to his duties

2. If not on the occasion then the motive is important as the assault must be because of the past
performance of official duties by the victim. The length of time between the performance of the
duty and the time of the assault is immaterial. If the motive cannot be established, there is no
direct assault but some lesser offense.

V. Rule When Material Injury Results: The crime of Direct Assault aims to punish lawlessness and
defiance of authority and not the material injury which results from such defiance. When material injury
however results, the following are the rules:

1. Where death, serious or less serious physical injuries result, they are to be complexed with direct
assault. Example: A policeman was shot death while directing traffic: the crime is Homicide with
Direct Assault

2. If only slight physical injuries are committed, the slight physical injury is a qualifying circumstance
separate offense if the victim is a PIA but it will be absorbed if the victim is an APIA ( PP. vs. Acierto,
57 Phil. 614)

VI. When the Attack does not Constitute Direct Assault:

1. If both accused and victim are PIAs/APIAs and they contend or there is conflict arising from the
exercise of their respective functions or jurisdictions. Examples:

(a). A fight between the Incumbent Mayor and the Acting Mayor as to who shall occupy the office

(b). NBI vs. Police concerning who shall take custody of a suspect

2. Where the PIA/APIA act with abuse of their official functions, or when they exceed their powers
they are deemed to be acting in a private capacity. They become aggressors and the accused has a
right to defend himself

3. Where they voluntarily descend to matters which are purely personal. But not when the PIA/APIA is
dragged down to purely personal matters by the accused.

VII. Qualified Direct Assault:

1. When the accused lays hand upon the victim who is a PIA

2. When the accused is himself a Public Officer or employee

3. When the assault is with a weapon

ART. 149 Revised Penal Code. INDIRECT ASSAULT

I. Concept: The crime committed by any person who uses force or intimidation upon any person coming
to the aid of an APIA who is under direct assault. The person who is assaulted should not be a PIA
because the third person automatically becomes an APIA and the attack on him would constitute direct
assault also.
 1. that a APIA is under direct assault
2. that a third person comes to the aid of such person or his agent
3. that the offender makes use of force or intimidation upon such third
person,

1. The APIA is an agent proper such as a law enforcement agent. Direct Assault is being committed
against him, not merely Resistance or Disobedience.

2. A Third person comes to his assistance. It is not required that the assistance be by virtue of the
order or request of the APIA.

3. The third person is himself attacked. This is the gist of indirect assault.

II. Illustrations:

A. Examples: 1. A policeman is having a hard time pushing a suspect inside a police car because the
suspect is pulling back. A third person who came to help put the suspect inside the car was kicked by
the suspect. The kicking of the third person constitutes Physical Injuries merely. The police is not
under Direct Assault.

B. Example 2. The Mayor is pushed and shoved while on his way home by an irate person whose
house was demolished. A vendor who pulls the Mayor away is himself slapped. The crime on the
Mayor is direct assault and the crime on the third person is also direct assault.

But if the third person directs the vendor to stop but the vendor tells him not to interfere, the crime
against the third person would be resistance under Article 151.

C. Example 3. X came to help The Chief of Police who was being pushed and shoved by vendors who
were not allowed to sell on the sidewalk. X was also kicked and boxed and thrown to the ground. Y
came to help X but was himself kicked and boxed. What is the crime against Y?

10. I forgot the problem bsta the issue, based on the facts, was whether it was kidnapping or
abduction

Points to remember:

Forcible abduction – If a woman is transported from one place to another by virtue of restraining her of
her liberty and that act is coupled with lewd designs.

Kidnapping with serious illegal detention – If a woman is transported just to restrain her liberty.

KIDNAPPING FORCIBLE ABDUCTION

At the outset, the At the outset, the
intention of the taking of the victim is
offender is merely to coupled with lewd
detain the victim. designs.
Kidnapping elements: Forcible Abduction elements:
1. that the offender is a private individual 1. that the person abducted is a woman regardless of age, civil status or
2. that he kidnaps or detains another reputation
3. that the act of detention or kidnapping is illegal 2. that the abduction is against her will
4. that in the commission of the offense the ff 3. that the abduction is with lewd designs
circumstances are present:
a. that the kidnapping or detention lasts for more than 3
days
b. that it is committed simulating public authority
c. that any serious physical injuries are committed upon the
person kidnapped or detained or threats to kill him are
made.
d. that the person kidnapped is a minor, female or a public
officer
Pointers for 2015:

DANGEROUS DRUGS
Q: What are the punishable acts under this act?

A:

1. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Sec.4)

Note: Any person, who, unless authorized by law, shall import or bring into the Philippines any
dangerous drug, regardless of the quantity and purity involved, including any and all species of opium
poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary
purposes.

1. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous

Drugs and/or Controlled Precursors and Essential Chemicals. (Sec.5)

Note: Selling is any act of giving away any dangerous drug and/or controlled precursor and essential
chemical whether for money or any other consideration. (Sec.5)
Q: What are the elements of this crime?
A:
1. The identity of the buyer and the seller
2. The object, and the consideration
3. The delivery of the thing sold and the payment therefor.

Note: All these require evidence that the sale transaction transpired, coupled with the presentation in
court of the corpus delicti, i.e., the body or substance of the crime. (People v. Capuno, G.R.185715,
19 January 2011)

3. Maintenance of a Den, Dive or Resort (Sec.6)

Q: Who are liable?

A:
1. Owner of den, dive or resort where any dangerous drug is used or sold in any form

1. Employee of den dive or resort who is aware of the nature of the place as such

1. Visitor of den, dive or resort who is aware of the nature of the place as such and shall knowingly
visit the same

Note: If such den or dive is owned by a 3rd person, the following is required:

1. That the criminal complaint shall allege that such place is intentionally used in the furtherance of
the crime
2. That the prosecution shall prove such intent on the part of the owner to use the property for such
purpose
3. That the owner shall be included as an accused in the criminal complaint

Such den, dive or resort shall be confiscated and escheated in favor of the government.
4. Manufacture of:
a. Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
b. Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals (Sec.8)

Q: What do you mean by manufacturing?

 A: It is the:
1. The production, preparation, compounding or processing of any dangerous drug and/or controlled
precursor and essential chemical, either directly or indirectly or by extraction from substances of
natural origin, or independently by means of chemical synthesis or by a combination of extraction
and chemical synthesis,
2. And shall include any packaging or repackaging of such substances, design or configuration of its
form, or labeling or relabeling of its container;
3. Except preparation, compounding, packaging or labeling of a drug or other substances by a duly
authorized practitioner as an incident to his/her administration or dispensation of such drug or
substance in the course of his/her professional practice including research, teaching and chemical
analysis of dangerous drugs or such substances that are not intended for sale or for any other
purpose. (Sec.8)

4. Possession of:
a. Dangerous drugs (Sec. 11)
b. Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs (Sec. 12)
c. Dangerous Drugs during Parties, Social Gatherings or Meetings (Sec. 13)

d. Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs during Parties,
Social Gatherings or Meetings (Sec. 14)

Q: What are the elements of this crime?

A:
1. The accused was in possession of an item or an object identified to be a prohibited or regulated
drug
2. Such possession is not authorized by law
3. The accused was freely and consciously aware of being in possession of the drug.

1. Use of dangerous drugs (Sec.15)

Note: Use is any act of injecting, intravenously or intramuscularly, of consuming, either by chewing,
smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of
the body, and of the dangerous drugs.

Q: What are the elements of this crime?

A:
1. The accused was apprehended for the use of dangerous drugs
2. He was found to be positive for use of any dangerous drugs
3. No other dangerous drug was found in his possession.

NOTE: Where the person tested is also found to have in his possession any other dangerous drugs, s/he
shall be prosecuted in accordance with Sec. 11, for illegal possession of dangerous drugs.

Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous
drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and
the application of the penalty provided for in the RPC shall be applicable.
1. Cultivation or culture of plants classified as Dangerous Drugs or are sources thereof (Sec. 16)

Q: What do you mean by cultivation in R.A. 9165?

A: Cultivation is any act of knowingly planting, growing, raising, or permitting the planting, growing or
raising of any plant which is the source of a dangerous drug.

1. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals (Sec.17)
Q: Who are liable?

A: Any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or
fails to comply with the maintenance and keeping of the original records of transactions on any
dangerous drug and/or controlled precursor and essential chemical in accordance with Section 40 of
this Act.

1. Unnecessary Prescription of Dangerous Drugs (Sec. 18)

Q: Who are liable?

A: Any practitioner, who shall prescribe any dangerous drug to any person whose physical or
physiological condition does not require the use or in the dosage prescribed therein, as determined by
the Board in consultation with recognized competent experts who are authorized representatives of
professional organizations of practitioners, particularly those who are involved in the care of persons
with severe pain.

1. Unlawful Prescription of Dangerous Drugs (Sec. 19)

Q: Who are liable?

A: Any person, who, unless authorized by law, shall make or issue a prescription or any other writing
purporting to be a prescription for any dangerous drug.

Q: What is the effect of attempt or conspiracy on the criminal liability?

A: The accused shall be penalized by the same penalty prescribed for the commission of the same as
provided under:

1. Importation of any dangerous drug and/or controlled precursor and essential chemical
2. Sale, trading, administration, dispensation, delivery, distribution and transportation of any
dangerous drug and/or controlled precursor and essential chemical
3. Maintenance of a den, dive or resort where any dangerous drug is used in any form
4. Manufacture of any dangerous drug and/or controlled precursor and essential chemical
5. Cultivation or culture of plants which are sources of dangerous drugs.

WHAT IS A COMPLEX CRIME? (I think ang question no. 3 na ni…)

1. When a single act produces two or more grave or less grave felonies
2. When an offense is necessary for committing the other

WHAT IS A COMPOUND CRIME?

When a single act constitutes 2 or more grave or less grave felonies

WHAT IS A COMPLEX CRIME PROPER?

When an offense is necessary for committing the other