book 2 criminal law

Notes in Criminal Law Book II

is betrayal of allegiance to one’s country in time of war. Treason is a war time offense. It can be committed only in time of war. It cannot be committed in time of peace because during peace time there are no traitors. The provides that to attain conviction in Treason, two witnesses must testify on the act of Treason committed by the accused and if the act is separable, two witnesses must testify on each separate act. Adherence need not to be proved by the oaths of two witnesses. Criminal intent and knowledge may be gathered from the testimony of one witness or from the nature of the act itself, or from the circumstances surrounding the act. However, the act of giving aid or comfort must be established by the deposition of two witnesses. Each of the witnesses must testify to the whole overt act, or if separable, there must be two witnesses to each part of the overt act. Treason is a continuing crime. Even if the offender commits several acts of Treason he can only be charged with one count of Treason. All such acts constitute a single offense. Treason cannot be complexed with common crimes. Treason is an umbrella crime or a component crime under which common crimes committed on the occasion or in furtherance thereof are deemed absorbed. Extrajudicial confession of a person is not the confession of guilt that is contemplated by law.

is punishable only when the law specially provides a penalty therefore. - there is proposal to commit treason when a person who had decided to commit treason proposes its execution to some other person of persons. - there is conspiracy to commit treason when two or more persons come to an agreement concerning the commission of treason and decide to commit it.

It is a felony by omission. It is committed by failure to do an act required by law. However, it is committed by means of dolo or intent. When there is conspiracy to overthrow the government, the crime committed is conspiracy to commit rebellion. This is so because there is no war. If a person who knows the conspiracy to commit rebellion does not report it to the authorities he is not liable for misprision of rebellion because there is no such crime. The offender shall be punished as an accessory to the crime of treason. In treason, even aliens can commit said crime. However, misprision of treason can be committed only by citizens of the Philippines. The obligation does not include aliens even if they permanently reside in the Philippines. Even if the conspirators in treason are parents, children or relatives, the one who comes to know about the consp iracy is still manda ted by law to report it. Love of country is superior to blood relationship. This exempting circumstance under Art 20 of the RPC does not apply to Misprision of Treason because this law applies only to accessories. The accused in Misprision of Treason are considred principals not accessories.

Notes in Criminal Law Book II

Without authority therefor, warship, fort, or naval or military establishments or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines. Espionage in the first mode is consummated by entering any of the enumerated establishment as long as the purpose of the offender is to obtain any of those materials which are vital to the defense of the Philippines. The offender does not have actually obtain any material such materials. What is required is that he enters any of the establishments mentioned without authority for the purpose of getting hold of any such materials. Mere entering will bring about consummated espionage. Being on possession by reason of the public office he holds, of the articles, data or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation. The offender here must be public officers who have custody of the articles, date or information. Not all public officers or employees can commit the crime. If the offender is not the custodian of the said documents, he is not liable for Espionage but for Violation of Commonwealth No. 616 if he discloses information relative to the defense of the Philippines. If the information disclosed to a representative of a foreign nation does not relate to the defense of the Philippines and the offender is the custodian thereof, he is liable for Infidelity in the Custody of Public Records.

The person could be any person. It is committed during a war in which the Philippines is not involved. To commit the crime, there must be a regulation for the observance of neutrality. The motivating rationale here is that the Philippines does not have any intention to side with or be against any of the warring countries

This crime can be committed in time of war in which the Philippines is involved. The offender in this case is a person who owes allegiance to the Philippines. It is committed when a citizen of the Philippines or a person owing allegiance to the Philippine Government attempts to go to an enemy country. This is aimed at prevent ing the flight to an enemy country of a person who owes allegiance to the Philippines because of the possibility that he might furnish the enemy vital infor mation that may be useful to said enemy to the detriment of the Philippines.

a. b. c.

By detaining a person without legal ground (Art 124) Delay in the delivery of detained persons to the proper judicial authorities (125) Delaying release (Art 126)

The principal offender must be a public office r. Civilians cannot comm it the crime of arbitrary detention except when they conspire with a public officer committing this crime, or become an accomplice or accessory to the crime committed by the public officer; and The offender who is a public officer has a duty which carries with it the authority to detain a person.

Notes in Criminal Law Book II

The principal offender is a private person. But a public office r can commit the crime of illegal detention when he is acting in a private capacity or beyond the scope of his official duty, or when he becomes an accomplice or accessory to the crime committed by a private person. The offender, even if he is a public officer, does not include as his function the power to arrest and detain a person, unless he conspires with a public officer committing arbitrary detention.

(1) In arbitrary detention, the offender is a public officer possessed with authority to make arrests. In unlawful arrest, the offender may be any person. (2) In arbitrary detention, the main reason for detaining the offended party is to deny him of his liberty. In unlawful arrest, the purpose is 1) to accuse the offended party of a crime he did not commit; 2) to deliver the person to the proper authority; and 3) to file the necessary charges in a way trying to incriminate him. When a person is unlawfully arrested, his subsequent detention is without legal grounds.

This is a felony by omission. It committed by the failure to perform a duty required by law. The detention here must be for legal grounds. The term legally arrested does not mean that a person by virtue of a warrant of arrest. A person is arrested without warrant but the arrest was lawful.

1. Delaying the performance of a judicial or executive order for the release of a prisoner. 2. Unduly delaying the service of such order to said prisoner 3. Unduly delaying the proceeding for the liberation of such person. Public officers or employees like court personnel, wardens, jail guards and peace officers

Expulsion from the Philippines can only be through deportation proceedings. Only aliens can be deported. If expulsion is done by a public officer, the crime is EXPULSION. If committed by private person, by threats or intimidation, the crime is Grave Coercion.

Entering any dwelling against the will of the owner thereof Searching papers or other effects found therein without the previous consent of such owner Refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same The public officer or employee does not have a judicially issued searched warrant. If he enters a dwelling against the will of the owner, searches of papers or other effects found therein or having surreptitiously entered the dwelling refuses to leave when required by the owner, he is liable for the crime of Violation of Domicile. Even if the acts above mentioned are committed if the police officer has a search warrant, this crime is not committed.

Notes in Criminal Law Book II

2.

Procuring a search warrant without just cause Abuse in the service of search warrant legally obtained

a. Homeowner b. Members of the family of sufficient age and discretion c. In the absence of the two, at least two witnesses residing in the same community

The public officer should not be a participant in the meeting. If he is a participant and he prohibits, interrupts or dissolves the meeti ngs he does not violate this article. The crime can be committed by a public officer who is a stranger to the meeting. But he may be liable for unjust vexation under paragraph 2 of Article 287 of the RPC.

(1) In Article 131, the public offi cer is not a participant. As far as the gathering is concerned, the public officer is a third party. If the public officer is a participant of the assembly and he prohibits, interrupts, or dissolves the same, Article 153 is violated if the same is conducted in a public place. (2) In Article 131, the offender must be a public officer and, without any legal ground, he prohibits, interrupts, or dissolves a peaceful meeting or assembly to prevent the offended party from exercising his freedom of speech and that of the assembly to petition a grievance against the government. In Article 153, the off ender need not be a public off icer. The essence of the crime is that of creating a serious disturbance of any sort in a public office, public building or even a private place where a public function is being held.

Only public officers or employees can commit this crime. Hence a private person cannot commit this crime. It is qualified if it is committed by threats or violence. When a public officer or employee prevents or disturbs the ceremonies or the manifestations of any religion.

Public officer or a private person may commit this crime. Whether it be person who commits the crime, the effect would be the same.

a public officer or a private

The acts must be notoriously offensive to the feelings must be directed against a religious ritual, practice and the like for the purpose of mockery and ridicule.

The essence of rebellion is public uprising and taking arms against the government. Rebellion is a mass movement. It must be committed by a multitude. Therefore it cannot be committed by a handful of men.

(1) In rebellion, there must be taking up or arms against the governmen t while in sedition, it is sufficient that the public uprising be tumultuous. (2)

Notes in Criminal Law Book II

In rebellion, the purpose is always political while in sedition, the purpose may be political or social.

1. Both are committed in the same manner. 2. Rebellion is larger in scope. Insurrection has a limited scope. 3. The object of rebellion is to overthrow the existing government while insurrection seeks to effect some political and social changes.

It is committed by rising publicly and taking arms against the government

to remove from the allegiance to said government or its laws the territory of the Philippines or any part thereof, or any body of land, naval or other armed forces, or To deprive the chief executive or congress, wholly or partially, of any of their powers or prerogatives. It can be committed by a multitude

The essence of the crime is a swift attack upon the facilities of the Philippine Government accompanied by violence, intimidation, threat, strategy and stealth May be committed singly or collectively and does not require a multitude of people To seize or diminish state power through the seizure of utilities and facilities

Member of the AFP or of the PNP organization or a public with or without civilian support

It is committed by rising publicly and tumultuously

to effect social or polierstical changes or to prevent the exercise of governmental authority with respect to particular mat

there is also public uprising. It can be committed by a multitude.

In this crime, there must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition. There is no proposal to commit sedition. It is not punished by law.

The crime is against popular representation because it is directed against officers whose primary function is to meet and enact laws. When these legislative bodies are prevented from meeting and performing their duties, the system of government is disturbed. The three branches of government must continue to exist and perform their duties.

Notes in Criminal Law Book II

The offender doesn’t have to actually prevent the meeting. If his act tends to prevent the meeting, the crime is consummated.

Meeting attended by armed persons for the purpose of committing any crimes under the RPC. If a group of armed men gathered and conspired for the purpose of committing kidnapping, illegal assembly is committed not because of the conspiracy but because of the gathering of armed men. Kidnapping is punished under the RPC. A meeting which the audience is incited to commit the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agent.

a. the organizers or leaders of the meeting b. persons merely present at the meeting (except when presence is out of curiosity – not liable)

a. purpose of the meeting is to commit acts punishable under the RPC b. considered as leader or organizer of the meeting

In illegal assembly, the basis of liability is the gathering for an illegal purpose which constitutes a crime under the Revised Penal Code. In illegal association, the basis is the formation of or organization of an association to engage in an unlawful purpose which is not limited to a violation of the Revised Penal Code. It includes a violation of a special law or those against public morals. Meaning of public morals: inimical to public welfare; it has nothing to do with decency, not acts of obscenity.

a. founders, directors and president of the association b. mere members of the association

Must be an actual meeting of armed persons to commit any of the crimes punishable under the RPC, or of individuals who, although not armed, are incited to the commission of treason, rebellion, sedition or assault upon a person in authority of his agent. It is the meeting and the attendance at such

No need for such

that are liable: punished Persons leaders and those present

membership in the association Founders, directors, president and members

1.

Act

of

forming

or

organizing

and

Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition Attacking, employing force or seriously intimidating or resisting any person in authority or any of his agent s while engaged in the perfo rmance of their duties or on the occas ion of such performance.

1. Use a weapon 2. Is a public officer or employee or 3. Lays hands upon a person in authority

Notes in Criminal Law Book II

A private person who comes to the aid of a person in authority automatically becomes an agent of a person in authority. If such person is also assaulted, the crime committed is Direct Assault upon an agent of a person in authority. In the crime of Direct Assault, a slight physical injury is absorbed. Besides, under Article 48, a grave or less grave felony cannot be complexed with a light felony.

The offended here is a private person who comes to an aid of an agent of a person in authority. The agent of a person in authority is assaulted and the private person goes to his aid. There is no direct assault if there is no direct assault upon an agent of a person in authority.

refusing without legal excuse to obey summons refusing to be sworn or placed under affirmation refusing to answer any legal inquiry to produce books, records etc restraining another from attending as witness in such body inducing disobedience to a summons or refusal to be sworn

PIA or his agent must be engaged in the performance of official duties or that he is assaulted

PIA or his agent must be in the actual performance of his duties.

Direct assault is committed in 4 ways – by attacking, employing force, and seriously resisting a PIA or his agent. Use of force against an agent of PIA must be serious and deliberate.

Committed by resisting or seriously disobeying a PIA or his agent. Use of force against an agent of a PIA is not so serious; no manifest intention to defy the law and the officers enforcing it.

)

a. b. c. d. e. f.

– any person directly vested with jurisdiction to govern and execute law : Barangay c aptain Barangay chairman Municipal mayor Provincial fiscal Justice of the peace Municipal councilor

g. Teachers h. Professors i. Persons ch arged wi th th e supervision of public or duly re cognized pr ivate schools, colleges and universities j. Lawyers in the actual performance of their professional duties or on the occasion of such performance – any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property.

a. b. c. d.

: Barrio councilman Barrio policeman Barangay leader Any person who comes to the aid of persons in authority

Notes in Criminal Law Book II

The crime of disturbance of public order may be committed by creating serious disturbance in public places or even in private places where public functions are being held. If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers, or if committed by public officers who are not participants therein, this article applies. Art 131 and 132 punishes the same acts if committed by public officers who are NOT participants in the meeting – if caused by more than 3 persons who are armed or provid ed with means of violence (circumstance qualifying the disturbance/interruption) – “tumultuous in character”

Publishing or causing to be published, by means of printing, lithography or any other means of publication as news any false news which may endanger the public order, or cause damage to the interest or credit of the State. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches Maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially d. Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or

leaflets which do not bear the real printer’s name or which are classified as anonymous

, the act may constitute any of the possible crimes under the Revised Penal Code: (1)

if the firearm when discharged was not directed to any particular person;

(2)

under Article 254 if the firearm is directed or pointed to a particular person when discharged but intent to kill is absent;

(3)

if the firearm when discharged is directed against a person and intent to kill is present. )

1. If the off ender is the jail guar d or jai l warden who has custody of the person, he comm its Infidelity in the Custody of Prisoners 2. If the person who removed the person confined in jail is not the custodian, he commits the crime of Delivery of Prisoner from Jail.

1.

By simply leaving or escaping from the penal establishment under Article 157; Failure to return within 48 hours after having left the penal establishment because of a calamity, conflagration or mutiny and such calamity, conflagration or mutiny has been announced as already passed under Article 158; 3. Violating the condition of conditional pardon under Article 159. 2.

1. By means of unlawful entry (by “scaling”) 2. By breaking doors, windows, gates, walls, roofs or floors

Notes in Criminal Law Book II

3. By using picklocks, false keys, disguise, deceit, violence or intimidation 4. Through connivance with other convicts or employees of the penal institution

He will be rewarded. He will be given a penalty deduction equivalent to 1/5 of the srcinal sentence.

a person after having been convicted by final judgment shall commit a new felony before beginning to serve such sentence, or while serving the same. Quasi recidivism is an aggravating circumstance. If the accused is convicted of the new felony, the maximum period prescribed for the new felony shall be imposed.

Forging the great seal of the Government Forging the signature of the President The acts of falsification are the following: 1. refers to money or currency 2. refers to instruments of credit and obligations and securities issued by the Philippine Government or any banking authorized by the Philippine government to issue the same. 3. can only be committed by documents. However, an authorized use of the genuine seal of the government or the genuine signature of the President to prejudice of another person is Estafa under Art 315(2) of the RPC.

This felony is committed by the use of the forged signature or counterfeit seal or stamp. The crime cannot be committed by the forger.

The persons liable are persons who make, import or utter false coins, in connivance with counterfeiters or importers.

1. Silver coins of the Philippines or coins of the Central Bank of the Philippines; 2. Coins of the minor coinage of the Philippines or of the Central Bank of the Philippines; 3. Coin of the currency of a foreign country. Mere possession of counterfeit coin is not a crime. To constitute a crime, the possession must be coupled with intent to use any of such counterfeit coin.

It refers to the deliberate act of diminishing the proper metal content s of the coin either by scrapping , scratching or filing the edges of coin and the offender gathers the metal dust that has been scraped from the coin. Mutilation of coin is punished because the coin being a legal tender is still in circulation. Mere possession of a mutilated coin is not a crime. There must be intent to utter or disturbed it in circulation to make it a crime.

Notes in Criminal Law Book II

a.

Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated.

Forging or falsity of treasury/bank notes or documents payable to bearer Importing of such notes Uttering of such false or forged oblig ations and notes in connivance with forgers and importers The forgery contemplated by law here is that one perpetrated to deceive the public. The treasury, bank notes, or other currency note must have the appearance of a genuine document. If the alteration is too obvious that a person cannot be deceived at all, there is no forgery.

Knowingly possessing with intent to use any of such forged treasury or bank notes

by giving to a treasury or bank note or any instrument payable to bearer or to order, the appearance of a true and genuine document b. by erasing, substituting, counterfeiting, altering by any means the figures, letters or words, or signs contained therein Not any alteration of a letter, number, figure or design would amount to forgery. The essence of forgery is giving a document the appearance of a true or genuine document. Thus, when the discrepancy is very obvious to the naked eye, there is no forgery. However, the offender may be charged with frustrated counterfeiting or frustrated forgery. Although he has done all the acts of execution, the crime was nevertheless committed for reasons independent of the will of the perpetrator.

1. 2. 3. 4. 5.

Falsification of legislative documents; Falsification of a document by a public officer, employee or notary public; Falsification of a public or official, or commercial documents by a private individual; Falsification of a private document by any person; Falsification of wireless, telegraph and telephone messages.

The crime of falsification must involve a writing that is a document in the legal sense. The writing must be complete in itself and capable of extinguishing an obligation or creating rights or capable of becoming evidence of the facts stated therein. Until and unless the writing has attained this quality, it will not be considered as document in the legal sense and, therefore, the crime of falsification cannot be committed in respect thereto.

Notes in Criminal Law Book II

Accused must not be a public official entrusted with the custody or possession of such document otherwise Art 171 applies. The falsification must be committed on a genuine, true and authentic legislative document. If committed on a simulated, spurious or fabricated legislative document, the crime is not punished under this article but under Article 171 or 172.

Counterfeiting or imitating any handwriting, signature or rubric. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. Making untruthful statements in a narration of facts; Altering true dates. Making any alteration or intercalation in a genuine document which changes its meaning. Issuing in an authenticated form a document purporting to be a copy of an srcinal document when no such srcinal exists, or including in such copy a statement contrary to, or different from, that of the genuine srcinal; 8. Intercalating any instrument or note relative to the issuance thereof in a protocol,

registry, or official book. In falsification of public document, damage or intent to cause damage to another party is not necessary. It is not an element. What is violated is public faith. In contrast, in falsification of private document, what is punished is damage to a third party or at least intent to cause damage.

Falsification of public, official or commercial document committed by a private person Falsification of a private document committed by a private person Use of falsified document.

1. To determine whether the crime of falsification is committed or not 2. To determine whether the falsification may be complexed with other crimes. Mere falsification of a public, official or commercial document constitutes a crime. Damage or intent to cause damage is not necessary. Mere falsification of a private document is not a crime. Damage or at least intent to cause damage is an essential element. Thus, it is necessary to determine what kind of document is falsified. When the document falsified is a public, official or commercial document, the falsification may be complexed with a felony of estafa or some felonies. Thus there can be estafa thru falsification of commercial document. The crime of use of falsified document is committed if another person uses it knowing that it is falsified. If the person made the falsification uses it to damage of another, he cannot be charged with 2 crimes of falsification and use of falsified document. He will be liable only for falsification. If the offender is charged

Notes in Criminal Law Book II

with falsification wand was acquitted it is submitted that he can be prosecuted for the use of falsified documents. The two crimes has different elements. Double jeopardy cannot be invoked. A person in possession of a falsified document and who made use of the same is presumed to be the falsifier.

Uttering fictitious, wireless, telegraph or telephone message Falsifying wireless, telegraph or telephone message Using such falsified message The public officer, to be liable must be engaged in the service of sending or receiving wireless, cable and telegraph or telephone message

1. Physician or surgeon who, in connection with the practice of his profession, issued a false certificate (note: such certificate must refer to the illness or injury of a person) 2. Public officer who issued a false certificate of merit of service, good conduct or similar circumstances 3. Private individual who falsified a certificate under (1) and (2)

That a physician or surgeon has issued a false medical certificate, or a public officer has issued a false certificate of merit or service, good conduct, or similar circumstances, or a private person had falsified any of said certificates. That the offender knew that the certificate was false. That he used the same.

)

Making or introducing into the Philippines any stamps, dies or marks or other instruments or implements for counterfeiting or falsification Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person Mere possession of instruments or implements for counterfeiting or falsification is not a crime. The possession must be coupled with intent of using them.

a.

By knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of the Philippine gov’t or any foreign gov’t. In usurpation of authority, the mere act of knowingly and falsely representing oneself to be an officer is sufficient. It is not necessary that he performs an act pertaining to public officers. b.

By performing an act pertaining to any person in authority or public officer of the Phil gov’t or foreign gov’t under the pretense of such official position, and without being lawfully entitled to do so. In usurpation of official functions, it is essential that the offender should have performed an act pertaining to a person in authority or public officer. But it is necessary that he represents himself

Notes in Criminal Law Book II

to be an officer, agent or representative of any department or agency of the government. There must be false pretense of official position. (

To conceal a crime, To evade the execution of a judgment, or To cause damage to public interest. (ex. Signing fictitious name for a passport)

The purpose of the offender is to conceals his true name and other personal circumstances.

Publicuseisanelement Publicitynotnecessary Purpose is to conceal a crime, to evade the Purpose is to conceal identity execution of a judgement, or to cause damage

No person shall use any name different from the one with which he was registered at birth in the office of the local civil registry, or with which he was registered in the bureau of immigration upon entry; or such substitute name as may have been authorized by a competent court. Pseudonym solely for literary, cinema, television, radio, or other entertainment and in athletic events where the use of pseudonym is a normally accepted practice.

The wearing of a uniform or insignia of a non-existing office or establishment is not a crime. It is necessary that the uniform or insignia represents an office which carries authority, respect, dignity, or influence which the public looks up to. The insignia, uniforms or dress pertains to an office not held by such person or a class of persons of which he is not a member. The said insignia, uniform or dress is used publicly and improperly.

1. False testimony in criminal cases under Article 180 and 181; 2. False testimony in civil case under Article 182; 3. False testimony in other cases under Article 183.

It is the declaration under oath of a witness in a judicial proceeding which is contrary to what is true, or to deny the same, or to alter essentially the truth.

1. It cannot be committed through reckless imprudence because false testimony requires criminal intent or intent to violate the law is an essential element of the crime. 2. If the false testi mony is due to honest mistake or error or there was good fai th in making the false testimony, no crime is committed.

The crime is committed by testifying falsely against the accused. It is committed by a person who is under oath and who shall testify in a criminal case by denying the truth or perverting the truth. The witness who testified falsely against the accused is liable even if his testimony was not considered by the court.

Notes in Criminal Law Book II

The crime is committed when a witness testifies falsely in favor of the accused in a criminal case.

This article applies only to ordinary civil cases. It does not apply to special civil actions. This article makes criminal offense giving a false testimony in civil cases for or against any of the litigants. Distinctions between perjury and false testimony:

1. Non-judicial proceedings. 2. Statement or testimony is required by law. 3. Amount involved is not material. 4. immaterial whether statement or testimony is favorable or not to the accused.

1. Given in a judicial proceeding. 2. Testimony need not be required by law. 3. Amount involved in civil cases is material. 4. It is always material in criminal cases.

a. by falsely testifying under oath b. by making a false affidavit False testimony in other cases applies to cases not covered by Articles 180, 181, 182 and 183. It applies to cases like special proceedings and special civil actions. - is a willful and deliberate assertion of falsehood in writing and under oath mad upon a material matter before a competent officer authorized to administer oaths. False affidavit or sworn statement is the basis of Perjury.

When a person knowingly offers in evidence a false witness, the crime committed is FALSE TESTIMONY.

It is committed by a person who deliberately procures another to testify falsely and the person procured actually testifies as told. The procurer is called the suborner and the procured is called the suborned.

1.

Soliciting any gift or promises as a consideration for restraining from taking part in any public auction 2. Attempting to cause bidders to stay away from an auction by threats, gifts, promises or any other artifices.

a.

Combination to prevent free competition in the market- By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or prevent by artificial means free competition in the market (It is enough that initial steps are taken. It is not necessary that there be actual restraint of trade) Monopoly to restrain free competition in the market Manufacturer, producer or processor or importer combining, conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of the merchandise.

a. b. c. d.

manufacturer producer processor importer

a. combining

Notes in Criminal Law Book II

b. conspiring c. agreeing with another person a. to make transactions prejudicial to lawful commerce b. to increase the market price of any merchandise or object of commerce manufactured, produced, processed, assembled or imported into the Phil

a. corporation/association b. agent/representative c. director/manager – who willingly permitted or failed to prevent commission of above offense

a. food substance b. motor fuel or lubricants c. goods of prime necessity

To be criminally liable, it is important to establish that the offender knows the fact that the imported merchandise fails to indicate the actual fineness or quality of the precious metal. If the importer has no expertise on the matter such that he has no way of knowing how the fraud was committed, the existence of such fact may be seriously considered as a defense. What the law punishes herein is the selling of misbranded goods made of gold, silver and other precious metals. Therefore, it must be shown that the seller knows that the merchandise is misbranded. Hence, dishonesty is an essential element of the crime.

By (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer or dealer or a colorable imitation thereof, for the t/n or t/m of the real manufacturer or dealer upon any article of commerce and (b) selling the same. By selling or by offering for sale such article of commerce, knowing that the t/n or t/m has been fraudulently used By using or substituting the service mark of some other person, or a colorable imitation of such marks, in the sale or advertising of services By printing, lithographing or reproducing t/n, t/m or service mark of one person, or a colorable limitation thereof, to enable another person to fraudulently use the same, knowing the fraudulent purpose for which it is to be used. Mere substitution or alteration of trademark is not a crime per se. It becomes a crime when the tr De name or trade mark is substituted or altered or offered for sale to the public.

) a

by selling his goods, giving them the general appearance of the goods of another manufacturer or dealer

b

by (a) affixing to his goods or using in connection with his services a false designation of origin; or any false description or representation, and (b) selling such goods or services

c

by procuring fraudulently from the patent office the registration of t/m, t/m or service mark.

1. Taking part directly or indirectly in –

Notes in Criminal Law Book II

a. any game of monte, jueteng, or any other form of lott ery, policy, banking, or perce ntage game, dog races, or any other game or scheme the results of which depend wholly or chiefly upon chance or hazard; or wherein wagers consisting of money, articles of value, or representative of value are made; or b. the exploitation or use of any other mechanical invention or contr ivance to deter mine by chance the loser or winner of money or any object or representative of value; 2. Knowingly permitting any form of gambling to be carried on in any pl ace owned or controlled by the offender; 3. Being maintainer, conductor, or banker in a game of jueteng or similar game; 4. Knowingly and without lawful purpose possessing lottery list, paper, or other matter containing letters, figures, signs or symbol which pertain to or are in any manner used in the game of jueteng or any similar game.

Importing into the Philippines from any foreign place or port any lottery ticket or advertisement; or Selling or distributing the same in connivance with the importer; Possessing, knowingly and with intent to use them, lottery tickets or advertisements; or Selling or distributing the same without connivance with the importer of the same. Note that possession of any lottery ticket or advertisement is prima facie evidence of an intent to sell, distribute or use the same in the Philippines.

This article has been repealed by

a.

Betting money or any object or article of value of representative value upon the result of any game, races and other sports contests. b.

any arrangement, combination, scheme or agreement by which the result of any game, races, or sports contests shall be predicated and/or known other than on the basis of the honest playing skill or ability of the players or participants. c.

any such arrangement combination, scheme or agreement by which the skill or ability of any player or participant in a fame, races, or sports contests to make points of scores shall be limited deliberately in order to influence the result thereof in favor of one or other team, player or participant. d.

any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the purpose of influencing the result of any game, races or sports contest.

Betting on horse races during periods not allowed by law; Maintaining or employing a totalizer or other device or scheme for betting on races or realizing profit therefrom during the periods not allowed by law.

This article has been modified or repealed by

Notes in Criminal Law Book II

A. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own, manage and operated cockpits. B. Only one cockpit shall be allowed in each city or municipality with a population of 100,000 or less. C. Cockpits shall be constructed and operated within the appropriate areas as prescribed in the Zoning Law or ordinance.

1. Cockfighting shall be al lowed only in li censed cockpits during Sundays and l egal holidays and during local fiestas for not more than 3 days; or 2. During provincial, cit y or mun icipal, agricultural, com mercial or indu strial fair, carnival or exposition for a similar period of 3 days upon resolution of the province, city or municipality where such fair, carnival or exposition is to be held, subject to the approval of the Chief of Constabulary or his authorized representative.

a) No cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the month of the local fiesta or for more than 2 occasions a year in the same city of municipality. b) No co ckfighting sh all be hel d on Dec ember 30, Ju ne 12 ,November 30, Ho ly Thursday, Good Friday, Election Day and during registration days for such election/referendum. 3. If the pu rpose is fo r the e ntertainment of f oreign di gnitaries or fo r tourists, or fo r returning balikbayans, or for the support of national fund-raising campaigns for charitable purposes as may be authorized by the Office of the President upon resolution of a provincial board, city or municipal council, in licensed cockpits or in playgrounds or parks. This privilege shall be extended for only one time, for a period not exceeding 3 days, within a year to a province, city or municipality. No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during cockfights. City or municipal mayors are authorized to issue licenses for the operation and maintenance of cockpits.

consists of acts which are offen sive to decency and good customs. They are committed publicly and thus, give rise to public scandal to persons who have accidentally witnessed the acts The crime of grave scandal is a crime against public morals. Necessarily, the offender must commit the crime in a public place or within the view of the public. , the scandal involved refer s to moral scandal offensive to decency, although it does not disturb public peace. But such conduct or act must be open to the public view. , the scandal involved refers to disturbances of the public tranquility and not to acts offensive to decency.

To constitute grave scandal, the highly scandalous conduct which is offensive to decency and good customs must be committed in a public place. But even if highly scandalous act is committed in a private place, if that place is open to public view, the crime is still committed. And even if the highly scandalous act is committed in a pale hidden to public view but the place is public, the crime is also committed.

Notes in Criminal Law Book II

implies conformity to generally accepted standards of goodness or rightness in conduct or character whether the matter has a tendency to deprave or corrupt the minds of those who are open to, or into whose hands such material may come. If the material has the tendency to deprave and corrupt the mind of the viewer then the material is obscene. If it is made public, then the crime of obscene exhibition is committed. The test is therefore objective. If the exhibition is made privately, there is no crime committed. ) Vagrant is commonly defined as a person who loiters in public places without any visible means to support himself and without any lawful purpose. Prostitution can only be committed by women. Call boys are therefore not liable under this article.

Takes part in the performance of public functions in the Government, or Performs public duties as an employee, agent or subordinate official in the gov’t or any of its branches

1. direct provision of law 2. popular election 3. appointment by competent authority

means performance of an act which ought not to be done Bribery, malversation, corruption of public officials, abandonment of office means improper performance of an act which might be properly be performed Illegal use of public funds, unjust interluctory orrder means omission of an act which ought to be done Refusal of assistance, failure of an accountable officer to render accounts, refusal to discharge elective office

1. Knowingly rendering unjust judgment (Art 204) 2. Judgment rendered through negligence (Art 205) 3. Unjust Interluctory Order (Art 206) 4. Malicious Delay in administration of justice (Art 207) 5. Maliciously refraining from institution or prosecution of offenses and toleration of commission of offenses (Art 208) 6. Betrayal of trust by an attorney. Revelation of secrets (Art 209)

This provision does not apply to Labor Arbiters, Justices of Court of Appeals and Justices of Supreme Court.

Manifestly unjust judgment is determined by the facts and circumstances of a given case. The gravamen of the offense is the rendition of judgment through inexcusable negligence. Simple negligence is not

Notes in Criminal Law Book II

enough. It must be inexcusable. The judge with the use of reasonable care and prudence should have known that his decision is unjust.

The unjust interluctory order must be rendered knowingly. But if the order is manifestly unjust under any standard, ignorance of the law is not a defense. Thus offense can only be committed by a judge of a trial court. It cannot be committed by Labor Arbiters, Justices of the CA and SC.

Malice implies deliberate intent to inflict damage on either party in a case. Malice must be proven. Malice is present where delay is sought to favor one party to the prejudice of the other.

The offense of maliciously refraining from instituting prosecution of violators of the law can be committed by a public official whose duty is to prosecute violators of the law. Hence public officers who do not have this duty cannot commit this offense. Obviously, a prosecutor may commit this offense. It may also be committed by law enforcers who maliciously refrain form instituting cases that were filed before their offices. If the police officers maliciously allows or tolerates the commission of the crime, he is liable for dereliction of duty. But if the police officer harbors, conceals or assists in the escape of the principal, he becomes an accessory to the crime if he acted with abuse of his publi c functions under the contemplation of paragraph 3, Art 19 of the RPC.

(NOT NECESSARILY A PUBLIC OFFICER ALTHOUGH ALL LAWYERS ARE OFFICERS OF THE COURT)

a.

prejudice is essential

b.

damage not necessary c.

damage not necessary

1. Agreeing to perform an act constituting a crime in connection with the performance of his official duties in consideration of any offer, promises, gift or present; 2. Accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty; 3. Refraining from doing some thing whi ch is his official duty to do, in consideration of a gift received or promise.

The gravamen of the crime is receiving or accepting gifts because of one’s public office or position. But there must be a clear intention on the part of the public officer to take or accept gift. The public officer must perform an act of acceptance or appropriation of the gift for himself, his family or any other person.

Public officer entrusted with law enforcement

Notes in Criminal Law Book II

b. Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua

and/or death if lower penalty than stated above, the crime is direct bribery In consideration of any offer, promise or gift The penalty is DEATH if the public officer is the one who asks or demands such present. He need not receive the gift or present because a mere offer or promise is sufficient.

The offender is the giver of the gift or the offeror of the promise. The act may or may not be accomplished

1. Entering in his pers onal capacity into an agreement with any inte rested party or spectator or making use of any other scheme, to defraud the government, in dealing with any person with regard to: a. Furnishing of supplies b. Making of contracts c. the adjustment or settlement of accounts relating to public property or funds. 2. Illegal exaction committed by a public off icer entrusted with the collection of taxes, lic enses and other imposts by: a. Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law. b. Failing voluntarily to issue a receipt, as provided by law, any sum of money collected by him officially; c. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or object of a nature different from that provided by law.

The offender commits the crime known as “other frauds.” It is necessary that the public officer takes advantage of his public position in committing the crime.

Not all public officers or employees may commit the crime of malversation. It can only be committed by a public officer or employee directly accountable for the public funds or property that is misappropriated. If he is not the one accountable to the said public funds or property, he is not liable for malversation. Accountable officer does not refer only to the cashier, disbursing officer, or property custodian. He should be a person who has custody of public funds or property and who is accountable thereof. If he misappropriates the said public funds or property or allows others to do so, he commits the crime.

1. Appropriating funds or property 2. Taking or misappropriating the same 3. Consenting or through abandonment or negligence, permit any other person to take such public funds or property or 4. Being otherwise guilty of misappropriation or malverstaion of such funds or p roperty.

Notes in Criminal Law Book II

Malversation may be committed intentionally or by negligence. Dolo or culpa is the modality in the commission of the crime. Whether the crime is committed by dolor or culpa, the crime is still called malversation

1. When he conspires with a public officer in committing malversation 2. When he becomes an accomplice or accessory to a public officer in committing malversation 3. When he is made custodian of public funds or property and he misappropriates the same.

This is a felony by omission. There is a duty of an accountable public officer to render accounts of public funds or property. He fails to do so.

Responsible public officers who leave or have left the country without rendering an accounts may commit the crime. They need not be accountable public officers. Before leaving the country, they must secure a clearance from the Commission on Audit. The failure to secure such clearance makes them liable. This is true even if no public funds or property was misappropriated.

This provision provides for the crime of Technical Malversation. From the language of the law, there is misappropriation of public funds because the funds or property was not used for the very public purpose for which it was appr opriated. In illeg al use of public funds , a public fund or prope rty has been earmarked for a particular public use. A public officer applies the said public fund or property to some other public purpose or public use other than that for which it has been appropriated.

1. Failure to make payment by a public officer who is under obligation to make such pa yment from government funds under his possession; 2. Refusal to make delivery by a public officer who has been orde red by comp etent authority to deliver any property in his custody or under his administration.

when he conspires with a public officer in committing malversation when he is an accomplice or accessory to Malversation committed by a public officer when he is constituted as custodian of national, provincial, or municipal funds, property or revenue

1. Conniving with or consenting to evasion (Art 223) 2. Evasion through Negligence (Art 224) 3. Escape of prisoner under the custody of a person not public officer

The crime of Infidelity in the custody of prisoners is committed by the custodian of the prisoner. If another person cause the escape of the prisoner by means of violence, intimidation or bribery or by any other means, such person is laible for the crime of Delivering Prisoner from Jail under Art 156 of the RPC. If the jail guard connives with, allows or consents to the escape., he is liable for Infidelity in the Custody of Prisoner.

Notes in Criminal Law Book II

A private person may commit the crime of Infidelity in the custody of prisoners. He may commit the crime in the same manner that a public officer charged with the custody of prisoner commits the crime by conniving with or consenting to prisoner’s escape or evasion of sentence

1. Removal 2. Destruction 3. Concealment Not all public officers or employee s may commit the crime. Only a public officer or employee who is in charge with the custody of papers or documents may commit the crime.

Mere breaking of the seal or mere opening of the document constitutes the crime of Infidelity in custody of documents by breaking the seal or opening of the document. Damage is not an element. Mere attempt to know or determine the content of the sealed documents consummate the crime. It must be remembered that the officer holds the document because he is the custodian thereof. Public trust is violated if he attempts to look what the document is all about.

Damage also not necessary In

, the mere breaking of the seal is what is made punishable while in

, the

mere opening of closed documents is enough to hold the offender criminally liable. The breaking of the seal or the opening of the closed document must be done without lawful authority or order from competent authority. In both offenses, damage to the public interest is not required.

)

REVELATION OF SECRETS KNOWN TO THE OFFENDING PUBLIC OFFICER BY REASON OF HIS OFFCIAL CAPACITY DELIVERING WRONGFULLY DELIVERY OF PAPERS OR COPIES OF PAPERS OF WHICH HE MAY HAVE CHARGE

If the public officer came to know the secret of a private person from rumors or gossips, this crime is not committed.

The gravamen of the offense is the open refusal of the offender to execute the order without justifiable reason.

A public officer is not liable if the order of the superior is illegal What is contemplated here is a situation where the subordinate has some doubts regarding the legality of the order. Hence, he is afforded an opportunity to suspend the execution of the order, so as to give him time to further study the same. He commits no crime for doing this act. However, if he continues to suspend the execution of the order notwithstanding the disapproval by his superior of the stay of the execution, such refusal on his part already constitutes a crime punishable under this article.

Notes in Criminal Law Book II

Involves a request from one public officer to another Damage to the public interest or third party is essential Damage is essential whether great or small. But the penalty is affected by the seriousness of the damage. Note that the refusal must be done with malice. Demand is necessary The situation contemplated herein may refer to the administration of justice before the case is filed in court. Competent authority may refer to persons in authority who are charged by the law to help in the administration of justice. The term may refer to police authorities. However, when a case under investigation reaches the court, the remedy may not be limited to incurring criminal liabili ty under this article because the refusal may already be punished as direct or indirect contempt of court. This is a crime, which a policeman may commit when, being subpoenaed to appear in court in connection with a crime investigated by him but because of some arrangement with the offenders, the policeman does not appear in court anymore to testify against the offe nders. He tried to assail the subp oena so that ultimately the case would be dismissed. It was already held that the policeman could be prosecuted under this crime of refusal of assistance and not that of dereliction of duty.

After proclamation of a candidate to a public office, it becomes his duty to render public service. Since it is his duty, then his refusal to perform such duty is punishable under the law.

Not all public officers may commit this crime. The crime can be committed only by public officers charged with custody of prisoner. If the public officer is nor the custodian of the prisoner he commits physical injuries. Maltreatment of prisoners does not only entail infliction of physical injuries. Any kind of punishment that is not authorized or any punishment although authorized but executed in excess is covered.

A two tiered penalty is that which occurs when the law provides that a penalty to a particular crime is in addition to the penalty imposable for another crime committed which results from the commission of such particular crime.

The crime may be committed by an elective or appointive official. It is committed when the public official assumes the duties of a public office without taking the oath or without giving a bond where a bond is required for his position.

In this crime, the public officer has lost the right to discharge the duties of his office, employment or commission. He holds on and continues to perform the duties of his office.

It is committed if a public officer has filed an application for resignation but his application has not yet been accepted and abandons his office to the detriment of the public service.

Legislative officers are not liable for usurpation of executive functions

Notes in Criminal Law Book II

Even if the jurisdiction of the offender is later upheld or sustained, he is still liable because what is in issue is not the legality of his jurisdiction, but whether he obeyed or disobeyed the temporary restraining order issued by the higher authority.

Legislative or judicial officers are not liable under this article

The crime is committed by nominating a person to a public office despite knowing that the nominee lacks the qualification at the time the nomination was made. The word “nominate” is not the same as “reco mmend.” To nominate is to guarantee to the appointing power that the person nominated has all the qualifications to the office. Recommendation on the other hand does not make any guarantee as to the legal fitness of the candidate to public office. There must be a law providing for the qualifications of a person to be nominated or appointed to a public office

The gravamen of the crime is making immoral or indecent solicitation or advances. But the name of the crime is abuse against chastity. The crime is committed even if the woman victim does not agree to the proposal or solicitation. Mere solicitation or making immoral or indecent advances consummates the crime. The persons liable for Abuse against Chastity are the following: 1. Public officer before whom a matter of interest to a woman is pending 2. Warden or any public officer who has custody of prisoners.

1. The offender must be related to the victim by blood, except husband. 2. The relationship between the offender and the offended party must be in the di rect descending or ascending line and not in collateral line except the husband and wife 3. Between parents and the child, the relationship may be legitimate or illegitimate. 4. All other ascendants and descendants must be legitimate.

There is no crime as Death or Physical Injuries under exceptional circumstances. But a person who acts under the circumstances et forth in Article 247 can invoke them as a defense. His act is in accordance with law. Art. 247 are exculpatory circumstances which may amoun t to exemption from criminal punishment. But just the same, the accused may be charged with Parricide for the Death of the spouse and Homicide or Murder as the case may be for the death of the paramour or mistress. The accused may avail of the beneficial provision as a matter of defense.

1.

A legally married person who surprises his/her spouse in the act of committing sexual intercourse with another person and kills both or any of them in the act or immediately thereafter. Parents with respect to their daughters under 18 years of age and their seducers, while the daughters are living with their parents.

Plain and simple killing is Homicide. The moment the killing is attended by any qualifying aggravating circumstance, the killing is catapulted to the crime of Murder.

Notes in Criminal Law Book II

: treachery, taking advantage of superior strength, with the aid or armed men, employing means to weaken the defense employing means or persons to insure or afford impunity in consideration of price, reward or promise by means of inundation, by means of fire, by means of poison, by means of explosion ( This is repealed by RA 8244, the law on illegal possession of firearms. Killing by the use of explosion is now homicide) by shipwreck, by stranding of vessel, by derailment or assault upon a street car or locomotive, fall of airship, by means of motor vehicles With the use of any other means involving great waste or ruin on occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public calamity with evident premeditation with cruelty, by deliberately and inhumanely augmenting the suffering of the victim outraging or scoffing at his person or corpse

Homicide is the unlawful killin g of a person not constituting murder, parri cide or infanticide. It is a plain and simple killing. It is not attended by any qualifying aggravating circumstance under Article 248 of the RPC.

TUMULTUOUS AFFRAY simply means confused and confusing fight between several persons not composing groups in the course of which a person is killed or wounded and the person responsible cannot be ascertained.

a. person/s who inflicted serious physical injuries b. if it is not known who inflicted serious physical injuries on the deceased, all persons who used violence upon the person of the victim If those who actually killed the victim can be determined, they will be the ones to be held liable, and those who inflicted serious or less serious or slight physic al injuries shall be punished for said corresponding offenses provided no conspiracy is established with the killers.

Unlike in Article 251, where the victim need not be one of the participants, the injured party in the crime of physical injuries inflicted in tumultuous affray must be one or some of those involved in the quarrel. In physical injuries caused in a tumultuous affray, the conditions are also the same. But you do not have a crime of physica l injuries resulting from a tumultuous affray if the physical injury is only slight. The physical injury should be serious or less serious and resulting from a tumultuous affray. So anyone who may have employed violence will answer for such serious or less serious physical injury. If the physical injury sustained is only slight, this is considered as inherent in a tumultuous affray. The offended party cannot complain if he cannot identify who inflicted the slight physical injuries on him. Note that in slight physical injuries is inflicted in the tumultuous affray and the identity of the offender is established, the provisions of this article will not be observed. Instead, the offender shall be prosecuted in the ordinary course of law.

Notes in Criminal Law Book II

Giving assistance to suicide means giving means (arms, poison, etc.) or whatever manner of positive and direct cooperation (intellectual aid, suggestions regarding the mode of committing suicide, etc.). A person who attempts to commit suicide is not criminally liable In this crime, the intention must be for the person who is asking the assistance of another to commit suicide. If the intention is not to commit suicide, as when he just wanted to have a picture taken of him to impress upon the world that he is committing suicide because he is not satisfied with the government, the crime is held to be inciting to sedition. He becomes a co-conspirator in the crime of inciting to sedition, but not of giving assistance to suicide because the assistance must be given to one who is really determined to commit suicide. A pregnant woman who tried to commit suicide by means of poison but instead of dying, the fetus in her womb was expelled, is not liable for abortion Assistance to suicide is different from mercy-killing. Euthanasia/mercy-killing is the practice of painlessly putting to death a person suffering from some incurable disease. In this case, the person does not want to die. A doctor who resorts to euthanasia may be held liable for murder If the person does the killing himself, the penalty is similar to that of homicide, which is reclusion temporal. There can be no qualifying circumstance because the determ ination to die must come from the victim. This does not contemplate euthanasia or mercy killing where the crime is murder, if without consent; if with consent, covered by Article 253. In , the victim is not in a position to commit suicide. Whoever would heed his advice is not really giving assistance to suicide but doing the killing himse lf. In giving assistance to suicide, the principal actor is the person committing the suicide. Both in euthanasia and suicide, the intention to the end life comes from the victim himself; otherwise the article does not apply. The victim must persistently induce the offender to end his life. Penalty is mitigated if suicide is not successful Even if the suicide did not materialize, the person giving assistance to suicide is also liable but the penalty shall be one or two degrees lower depending on whether it is frustrated or attempted suicide.

Considering that there is no intent to kill on the part of the person discharging his firearm at another person, the likely purpose is to intimidate the victim. Firing of a gun is illegal discharge of firearm if a person fires his gun at another without intent to kill. It is attempted homicide if a person fires his gun at another person with intent to kill but does not inflict a mortal or serious wound. It is alarm and scandal if a person fires his gun in a public place causing alrm or danger.

Infanticide is the killing of any child less than three days of age, whether the killer is the parent or grandparents or any other relative of the child or a stranger. The crime is based on the age of the child. The child should be less than 3 days old. If the child is exactly 3 days old, the crime is Murder with qualifying aggravating circumstance of treachery. The child is not in a position to defend himself.

1.

In Parricide the age of the child should be 3 days and above. In Infanticide, the age of the child is less than 3 days. 2. Parricide can be comm itted if the crime victim and the offender are rela ted by bloo d. In infanticide, the offender may or may not be related to the child. 3. Concealment of dishonor is mitigating in Infanticide. It is not mitigating in parricide.

Notes in Criminal Law Book II

1. Using any violence upon the person of the pregnant woman; 2. Acting, but without using violence, without the consent of the woman. (By administering drugs or beverages upon such pregnant woman without her consent.) 3. Acting (by administering drugs or beverages), with the consent of the pregnant woman. In intentional abortion, the offender should know that the woman is pregnant because the very intention is to cause an abortion.

Unintentional abortion requires that physical violence must be inflicted deliberately upon the pregnant woman. It is not material that the offender knows that the woman is pregnant or not. Unintentional abortion can be committed through negligence . Unintentional abortion is a felony committed by culpa. However, the culpa lies not in the aspect of abortion but on the violence inflicted on the pregnant woman. Thus there can be a crime of Reckless Imprudence Resulting in Unintentional Abortion.

Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However, there is no Mitigation for the parents of the pregnant women even if their purpose is to conceal their daughter’s dishonor In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor of their daughter. This is not so for art 258

It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. What is punished is the act of dispensing an abortive without the proper prescription. It is not necessary that the abortive be actually used If the pharmacist knew that the abortive would be used to cause abortion and abortion results, he is liable as an accomplice

It is abortion caused by a physician to save the life of a mother. The physician is not criminally liable. This is a justifying circumstance.

This is a dead law. Duel is no longer being practiced today.

In the advent of time, the world has lived out this crime.

is the lopping or clipping off of some part of the body.

1. Intentionally mutilating another by d epriving him, totally or pa rtially, of so me essential organ for reproduction 2. Intentionally making another mutilation, i.e. lopping, clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of the body There is a misconception that mutilation pertains to lopping or clipping of reproductive organ only. This is not correct because the second paragraph of this article punishes intentional mutilation of The difference lies in the penalty imposable. If what was severed was a reproductive organ the penalty is reclusion perpetua, even higher than the penalty for homicide which is reclusion temporal. The reason is obvious. Without a reproductive organ life will be in perpetual agony. It’s like a living dead.

Notes in Criminal Law Book II

In each case, the mutilation is deliberate or intentional. If the mutilation was not intentional the crime committed is Serious Physical Injuries under Article 263

In Serious Physical injuries, less serious physical injuries and slight physical injuries, the offender beats, wounds, assaults or administers serious substances upon the victim without intent to kill. In serious physical injuries and less serious physical injuries, you do not consider the period of medical treatment. You consider only the period during which the victim is incapacitated for labor. Thus, if the victim is incapacitated for labor for more than 30 days, the injury is considered serious. If the offended party is incapacitated for work for less than 30 days but the medical treatment continued for more than a year, the physical injuries are considered only as less serious physical injuries because the purposes of classifying the injury as serious consider only the period of incapacity for work and not the period of treatment.

The article under consideration does not deal with a crime. It refers to means of committing serious physical injuries. It is frustrated murder when there is intent to kill means introducing into the body the substance, thus throwing of the acid in the face is not contemplated

1. A fine not excee ding P500.0 0, in addition to arresto mayor, shall be impos ed for less seri ous physical injuries when: a. There is manifest intent to insult or offend the injured person b. There are circumstances adding ignominy to the offense. 2. A higher penalty is imposed when the victim is either: a. The offender’s parents, ascendants, descendants, guardians, curators or teachers; or b. Person of rank or person in authority provided the crime is not direct assault What if the injuries does not require medical attendance nor incapacitate the offended party what crime is committed? Only slight physical injuries is committed.

1.

Incapacity for labor from 1 to 9 days or medical attendance from 1 to 9 days—

2.

Incapacity for labor for 10 to 30 days or medical attendance for 10 to 30 days—

3.

Incapacity for Labor for more than 30 days—

The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances: 1. When the victim is under 18 years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. 2. When the victim is under the custody of the police or military authorities or any law enforcement or penal institution 3. When rape is committed in full view of the spouse, parent, any of the children or other relatives within the 3rd civil degree of consanguinity 4. When the victim is a religious engage in a legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime 5. When the victim is below 7 years old

Notes in Criminal Law Book II

6. When the offender knows that he is afflicted with HIV-AIDS or any other sexually transmitted disease and the virus or disease is transmitted to the victim 7. When com mitted by any member of the AFP or par amilitary units of the PNP or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime 8. When by reason or on the occasion of rape, the victim has suffered perm anent physical mutilation or disability 9. When the offender knew the pregnancy of the offended party at the time of the commission of the crime 10. When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime. Rape under paragraph 2 shall be punished by prision mayor Whenever rape is committed with the use of deadly weapon or by two or more persons, the penalty shall be reclusion temporal to reclusion perpetua. When by reason on the occasion of rape, homicide is committed, the penalty is reclusion perpetua. Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/qualifying circumstances mentioned in this article.

1. 2.

3.

4. 5. 6. 7.

Rape under the RPC, is a crime against chastity--- RA 8253 reclassified rape as a crime against person. Being now a crime against persons, the offense need not to be filed and prosecuted solely upon the complaint of the offended party or by her parents, grandparents, or guardian, in the order of preference aforestated the complaint can now be filed by any person other than the offended party and is no longer exclusive. RA 8353 has been crafted to degenderize the crime of rape. It is a gender free rape law. Any person, regardless of sex, can now commit the crime of rape and be charged under this law. In the same manner the victim could be either sex. Under the new law , the mere touc hing of the fem ale sex org an with tha t of the male genitalia (Skin to skin contact) is now consummated rape. Under RA 8353, rape includes insertion of the penis int o another person’s mouth or anal or ifice or any instrument or object, into the genitalia or anal orifice of another person. Under the new law, marital rape can now be committed. This is to say, husband can now commit rape against his wife. In marital rape, the criminal action or penalty is extinguished by a subsequent forgiveness by the wife.

A pardon by the offended party does not extinguish criminal action. Reason: a crime committed is an offense against the state. Except as provided in Art 344 of the RPC (In crime of rape, there shall be no criminal prosecution if the offender has expressly pardoned by the offended party or her parents, grandparents or guardians as the case maybe. The pardon here must be express. Pardon under Art 344 of the RPC only bars criminal prosecution. It does not extinguished criminal liability. Pardon under the RPC must be given before the institution of criminal action. In both Article 344 of the RPC and Article 266-C of RA 8353, the subsequent valid marriage between the offender and the offended party extinguishes the criminal action or the penalty imposed.

A private person may commit the crime. If a public officer conspires with a private person in committing the crime, the said public officer also commits illegal detention and not arbitrary detention. The gravamen of the crime of kidnapping is the taking and transporting of a person against his will from one place to another. The crime of kidnapping is committed if the purpose is to extort ransom.

Notes in Criminal Law Book II

The gravamen of illegal detention is restraining of a person his freedom or liberty. There need not to be actual lockout. It is enough that a person’s freedom of movement or locomotion is restrained. One can be illegally detained without necessarily transporting him from one place to another. In kidnapping though the motive of the accused must be ascertain for the correct designation of the crime. Motive is not an essential element of a crime but is important on certain instances to determine what crime is committed. Thus when the act brings about variant crimes, motive is important. is committed if a woman is taken against her will with lewd designs and is transported from one place to another. is committed if a woman is dragged to a distance of 5 meters against her will. is committed if a woman is taken against her will without lewd designs and is transported from place to another. Although 2 or more crimes are committed, in the eyes of the law, there is only one criminal liability. It is also known as component crime or single indivisible offense.

Where the person kidnapped is killed in the course of detention, regardless of whether the killing was purposely sought or was merely afterthought, the kidnapping and murder or homicide can no longer be complexed under Article 48, nor be treated as separate crimes but shall be punished as a special complex crime of Kidnapping with Homicide. Regardless of the number of persons killed (who must be the kidnap victims) there is one crime only of kidnapping with homicide. The killing or death here is with reference only to the victim; if another person is killed, killing is a separate crime.

If the victim was raped, the crime committed is the composite crime or single indivisible offense of Kidnapping with Rape. If the victim was raped several times, there is only one crime of kidnapping with rape that is committed. Bear in mind however that in kidnapping with rape, the taking of the kidnap victim should not be with lewd designs because if it is and the victim was raped, the crime committed is Forcible Abduction with Rape. If the victim was raped several times there is still a single offense of Forcible Abduction with Rape. Each of the other rapes would be separate and distinct counts of rape.

The main distinction between kidnapping and forcible abduction is the presence or absence of lewd designs. If the taking of the victim is coupled with lewd designs, it is forcible abduction. If the intention is only to detain, the crime is kidnapping.

If the evidence does not adequately prove this element, the accused cannot be held liable for kidnapping. In the present case, the prosecution merely proved that appellant forcible dragged the victim toward a place he only knew. There being no actual detention or confinement, the appellant may only be convicted of grave coercion. Grave coercion not kidnapping if there was no confinement, detention or lock up.

Slight illegal detention is committed if any of the circumstances in the commission of kidnapping or detention enumerated in Article 267 is not present. 1. the offended party is voluntary released within 3 days from the start of illegal detention 2. without attaining the purpose 3. before the institution of the criminal action.

Offender is any person, so either a public officer or private individual

Notes in Criminal Law Book II

The offen der in this article can be a private individual or public offic er. In the latte r case, the offender, being a public officer, has the authority to arrest and detain a person, but the arrest is made without legal grounds. For him to be punished under this article, the public officer must make the arrest and detention without authority to do so; or without acting in his official capacity. This felony consists in making an arrest or detention without legal or reasonable ground for the purpose of delivering the offended party to the proper authorities. The offended party may also be detained but the crime is not illegal detention because the purpose is to prosecute the person arrested. The detention is only incidental; the primary criminal intention of the offender is to charge the offended party for a crime he did not actually commit. Generally, this crime is committed by incriminating innocent persons by the offender’s planting evidence to justify the arrest – a complex crime results, that is, unlawful arrest through incriminatory machinations under Article 363. Refers to warrantless arrests If the arrest is made without a warrant and under circumstances not allowing a warrantless arrest, the crime would be unlawful arrest. If the person arrested is not delivered to the authorities, the private individual making the arrest incurs criminal liability for illegal detention under Article 267 or 268. If the offender is a public officer, the crime is arbitrary detention under Article 124. If the detention or arrest is for a legal ground, but the public officer delays delivery of the person arrested to the proper judicial authorities, then Article 125 will apply. Note that this felony may also be committed by public officers. In art 125, the detention is for some legal ground while here, the detention is not authorized by law In art 125, the crime pertains to failure to deliver the person to the proper judicial authori ty within the prescribed period while here, the arrest is not authorized by law

Only persons who are entrusted with custody of the child may commit this crime. It may be committed by the father and mother of the minor.

Mere inducement consummates the crime. It is not necessary that the minor abandons his/her home as a result of the inducement. The father or mother of the minor may also commit this crime.

The purpose is to enslave the victim or to assign him to immoral traffic. The penalty is made higher if the purpose is to assign the victim to some immoral activities. This is distinguished from illegal detention by the purpose. If the purpose of the private person who kidnaps or detains another is to deprive a person of his liberty, the crime is Kidnapping and Illegal Detention. If the purpose of the kidnapping or detention is to enslave the offended part y, the crime of slavery is committed.

If the minor agrees to serve the accused, no crime is committ ed, even if the service is rendered to pay an ascendant’s alleged debt.

Notes in Criminal Law Book II

This is a felony by omission. The law requires a positive act to be done when one finds a person in danger in an uninhabited place. He must render assistance to the person in need provided he can render assistance without detriment to himself. But the person in need of help must be found in an uninhabited place. An uninhabited place must be determined by the possibility or impossibility of a person in danger of receiving assistance.

1. when the death of the minor resulted from such abandonment; or 2. if the life of the minor was in danger because of the abandonment.

If the child is 16 years old and above, Article 278 does not apply. RA 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act) applies.

1.

This may be committed by any private person who shall enter the dwelling of another against the latter’s will be means of violence or intimidation.

2.

The offender enters the closed premises or fenced estate of another that is uninhabited when there is a manifest prohibition against entering such closed premises or fenced estate and the trespasser has not secured the permission of the owner or caretaker thereof. (Art 281)

Dwelling refers to the place where a person resides. It includes dependencies of the house. It is not necessary that it be the permanent place of a person. Dwelling includes the room where a boarder, transient or bed spacer. Against the will of the owner means that entrance is prohibited expressly or impliedly.

1. When a person enters the dwelling of another for the purpose of preventing some serious harm to himself, the occupants of the building or a third person 2. When the purpose of the offender is to render service to humanity or justice 3. When a person enters cafes, taverns, inns or other public houses while they are open 4. Hot pursuit of a person who has committed a crime.

is an oral or physical declaration of an intention to harm or injure another. The threat could be directed upon the person, honor or property of another.

In order to convict a person of the crime of light threats, the harm threatened must not be in the nature of crime and there is a demand for money or any other condition is imposed, even though lawful.

It is a crime of light threat under Article 283 if there is no threat to publish any libelous or slanderous matter against the offended party. If there is such a threat to make a slanderous or libelous publication

Notes in Criminal Law Book II

against the offended party, the crim e will be one of libel, which is penaliz ed under Articl e 356. For example, a person threatens to expose the affairs of married man if the latter does not give him money. There is intimidation done under a demand.

This is applicable in the crimes of Grave Coercion and Light Threats. During the proceedings in the criminal case, the complainant through his lawyer may file a motion in court praying that the accused be required to post a bond to ensure that the accused will not commit he threatened act. This is the reason why it is called bond to keep peace or bond for good behavior. If despite the court order the accused fails to post the bond, he shall be sentenced to destierro, which means he shall be banished to a distance of not more than 250 kilometers but not less tna 25 kilometers radius. means the posting of bond on the part of the accused in order to guarantee that he will not molest the offended party. It is in the nature of an additional penalty. under Article 35 is applicable to all cases and is treated as a distinct penalty. If the sentenced prisoner fails to give the bond, he shall be detained for a period not exceeding six months if the crime for which he was convicted is classified as grave felony or for a period not exceeding thirty days if convicted for a light felony.

1. Preventing another, by means of violence, thre ats or intimidation, from doing somet hing not prohibited by law; 2. Compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be right or wrong.

Only the creditor may commit the crime. The creditor uses or employs violence in seizing a property belonging to the debtor for the purpose of applying to the payment of his loan. If the purpose is not to apply to the payment of the loan of the debtor, the crime can be Robbery with violence. The element of intent to gain is present.

The second paragraph provides for other coercions or unjust vexation. Anything that annoys or vexes a person without violence is unjust vexation.

The Constitution guarantees the right of the people to be secure in their persons, papers, houses and effects against unreasonable searches and seizure. This article penalizes violations thereof. However, it is necessary that the purpose of the seizure of the correspondence must be to discover the secret of another. It is submitted that it is not necessary that the offender actually discovers the secret if another as contained in the letter. Mere seizure of correspondence for the purpose of discovering the secret of another consummates the crime. This article does not apply if the persons who make the seizure of correspondence are the parents, guardians or persons entrusted with the custody of minors with respect to the papers or letters of the children or minors placed under their care or custody or to spouses with respect to the papers or letters of either of them.

Notes in Criminal Law Book II

An employee, manager, or servant who came to know of the secret of his master or principal in such capacity and reveals the same shall also be liable regardless of whether or not the principal or master suffered damages. The essence of this crime is that the offender learned of the secret in the course of his employment. He is enjoying a confidential relation with the employer or master so he should respect the privacy of matters personal to the latter. If the matter pertains to the business of the employer or master, damage is necessary and the agent, employee or servant sha ll always be liabl e. Reason: no one has a right to the personal priv acy of another.

A business secret must not be known to other business entities or persons. It is a matter to be discovered, known and used by and must belong to one person or entity exclus ively. One who merely copies their machines from those already existing and functioning cannot claim to have a business secret, much less, a discovery within the contemplation of Article 292.

– This is the taking or personal property belonging to another, with intent to gain, by means of violence against, or intimidation of any person, or using force upon anything. The object of robbery is a movable property—personal property. Real property or immovable property cannot be object of robbery. The crime of robbery or theft cannot be committed if the property is without an owner for the simple reason that no one can be prejudiced by the taking of the personal property, even though the intent to gain is present in the taking. Unlawful taking is an essential element of robbery. The taking must be against the will of the owner or lawful possessor of a personal property. As an element of robbery taking must have the character of permanency. If the dispossession of a personal property is only temporary and there is no intention on the part of the offen der to deprive the owner or lawful posse ssor of a thing permanently of his possession, robbery is not committed. Intent to gain is presumed from taking of a personal property belonging to another. Mere intent to gain is enough. Actual gain is not an element.

1.

Both robbery and theft involve unlawful taking or asportation as an element; Both involve personal property belonging to another; 3. In both crimes, the taking is done with intent to gain; 2.

1.

In robbery, the taking is done either with the use of violence or intimidation of person or the employment of force upon things. 2. In theft, the taking is done simply without the knowledge and consent of the owner.

The crime is Robbery with Homicide when by reason or on the occasion of the robbery the crime of homicide is committed. Provided, however that robbery is consummated. This is a special complex crime or single indivisible offense or a composite crime. There is no such crime as Robbery with Double Homicide or Robbery with Multiple Homicide or Robbery with Multiple Murder. The term homicide is used in its generic sense to include double or multiple homicide or murder. As long as there is only one robbery regardless of the number of persons killed the crime is still called Robbery with Homicide. The aggravating circumstance of treachery can be appreciated only in crimes against persons. It cannot be appreciated in Robbery with Homicide because it is classified as a crime against property.

Notes in Criminal Law Book II

But if the main intention of the offender is ti kill but after the killing of the victim robbery or theft is committed, the offender is liable for two separate crimes. If the robbery is consummated but the homicide is attempted or frustrated there will be 2 separate crimes. There is no such crime as Robbery with Attempted Homicide or Robbery with Frustrated Homicide. The crimes are robbery and attempted homicide or frustrated homicide as the case may be. There are only two stages of Robbery and theft, the attempted and consummated stages. Robbery is consummated upon possession of the property. The moment the accused comes in possession of the property even if it were or less momentarily, taking is complete. The property doesn’t have to be taken from the hands of the offender.

When in the course of the robbery someone is killed but rape and arson are also committed the crime still is Robbery with Homicide. The rape and arson can be appreciated as aggravating circumstances.

When the main purpose is to commit robbery and rape is also committed, the crime is Robbery with Rape. When the purpose is to commit rape but robbery is also committed there are two separate crimes of Rape and Robbery or theft as the case may be.

When by reason or on the occasion of robbery, arson is committed the crime committed is Robbery with Arson

When by reason or on occasion of robbery, intentional mutilation is committed the crime committed is Robbery with Intentional Mutilation

When by reason or on the occasion of robbery, serious physical injuries is committed, the crime committed is Robbery with Serious Physical Injuries.

IF ANY OF THE OFFENSES PROVIDED FOR IN SUBDIVISIONS 3, 4 OR 5 OF Art 294 is committed: in an uninhabited place or by a band or by attacking a moving train, street car, motor vehicle or airship, or by entering the passenger’s compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances, or on a street, road, highway or alley and the intimidation is made with the use of firearms, the offender shall be punished by the max period of the proper penalties prescribed in art 294

Under Art. 48 of the RPC, particularly on compound crime, only grave and less grave felonies can be complexed. A grave or less grave felony cannot be complexed with a light felony. Thus, if on the occasion of robbery, serious physical injury is also inflicted, the crome committed is Robbery with Serious Physical Injuries, a complex crime. Along the same vein, if only slight physical injury is inflicted on the occasion of robbery, two crime are committed, Robbery and Slight Physical Injuries.

is defined as consisting of at least four armed malefactors organized with the intention of carrying out any unlawful design. Their participation in the commission of the crime must be actual. The offender must be principal by direct participation, so that, a principal by inducement cannot be convicted of this crime where the aggravating circumstance of band shall be appreciated against him, since the law requires as a condition to its commission the actual participation of the offender in the execution of the

Notes in Criminal Law Book II

crime. In such a case, the conviction of a principal by inducement will only be limited to his criminal liability as a co-conspirator.

a. he was a member of the band b. he was present at the commission of a robbery by that band c.

other members of the band committed an assault

d. he did not attempt to prevent the assault

Whether robbery is attempted or frustrated, penalty is the same When the robbery is attempted or frustrat ed, Art. 294 has no application because the robbery and the homicide must be both consummated. Where the homicide is only attempted or frustrated, Article 297 does not apply. In the same manner, where the attempted or frustrated robbery results in the commission of serious physical injuries, Article 297 has no application. In such a case, the crime shall be treated under the provisions of Article 48 on ordinary complex crimes. Consequently, the penalty prescribed by Article 48 shall be observed.

The element of intent to gain or fraudulent intent is what distinguishes this felony from grave coercion. Although both crimes share a common element which is the compelling of any person to do something against his will, nonetheless, in coercion, the fear created in the mind of the offended party is not immediate but remote. In this type of robbery, the fear is immediate and not remote. In coercion, there is no intent to gain whereas in this form of robbery, intent to gain is an indispensable element.

When the robbery with force upon things is committed in an uninhabited place and by a band, the robbery becomes qualified. In the same manner, where robbery with violence against or intimidation of persons is committed by a band or in an uninhabited place, the crime becomes qualified. The place considered uninhabited when it is not used as a dwelling. It may refer to a building or a house which is not used as a dwelling. If a house is inhabited and its owners or occupants temporarily left the place to take a short vacation in another place, their casual absence will not make the place or house uninhabited.

– Any shelter, ship, or vessel constituting the dwelling of one or more persons, even though the inhabitants thereof shall temporarily be absent therefrom when the robbery is committed. – Includes every building owned by the government or belonging to a private person but used or rented by the government, although temporarily unoccupied by the same. of an inhabited house or public building or a place dedicated to religious worship includes interior courts, corrals, warehouses, granaries or enclosed places: a. contiguous to the building b. having an interior entrance connected therewith c. which form part of the whole But orchards and other lands used for cultivation or production are not included even if they are closed or contiguous to the building and has direct connection therewith.

Notes in Criminal Law Book II

Second kind of robbery with force upon things It must be taken note of, that the entrance by using any fictitious name or pretending the exercise of public authority is not among those mentioned in Article 302 because the place is Uninhabited and therefore without person present. Likewise, in this class of Robbery, the penalty depends on the amount taken disregarding the circumstances of whether the robbers are armed or not as in the case in Robbery in Inhabited Place.

When a person has in possession picklocks or similar tools without lawful reason commit s the crime of Illegal Possession of Picklocks.

Picklocks, etc. Genuine key stolen from owner. Any key other than those intended by owner for use in the lock forcibly opened by the offender

The numbers of perpetrators is no longer an essential element of Highway Robbery or Brigandage under PD 532. The decree does not require that there be at least 4 armed persons forming a band of robbers and the presumption in the RPC that the said accused are brigands if they used unlicensed firearms no longer obtains under the decree.

1. In the former, it is committed indiscriminately against persons while the latter is committed on predetermined victims 2. In the former, the offender is a brigand who roams in publ ic high ways and carries out his robbery in public highways while the latter, the commission of the robbery is incidental and the offender is not brigand.

Those who with intent to gain, but without violence against or intimidation of persons nor force upon things, take personal property of another without the latter’s consent. Those who after having found lost property, fail to deliver the same to local authorities or its owner. Those who after having maliciously damaged the property of another, remove or make use of the fruits or object of the damage caused by them Those who enter an enclosed estate or a field where a trespass is forbidden or which belongs to another and, without the consent of its owner hunts or fish upon the same or gather fruits, cereals or other forest or farm products. In theft or robbery, taking is complete the moment the offender takes possessions of the property even if it’s were more or less momentarily. The offender doesn’t have to derive gain or benefit from the property; it is not an element of theft or robbery for that matter.

A person who finds lost item is called finder of fact. The case of the finder of a lost property affirms the fact that the offender obtains only in physical possession of the thing. The finder in fact has an obligation to deliver the property to the owner if known, otherwise, surrender the property to the authorities. If he does not, he is liable for theft.

A finder in law is an officer of the law to whom a lost item is surrendered or turned over.

Notes in Criminal Law Book II

Taking possession of any real property belonging to another by means of violence against or intimidation of persons; Usurping any real rights in property belonging to another by means of violence against or intimidation of persons. Usurpation of real property or real rights is committed in the same way as robbery with violence or intimidation. The main difference is that in robbery, personal property is involved. In usurpation of real rights real property is involved. Since this is a crime against property, there must be intent to gain. In the absence of the intent to gain, the act may constitute Coercion. The possession of the land or real rights must be done by means of violence or intimidation. So, if the evidence of the prosecution shows that the accused entered the premises by means of strategy, stealth or methods other than the employment of violence, no crime was committed by the offender. Usurpation of real rights and property should not be complexed using Article 48 when violence or intimidation is committed. There is only a single crime, but a two-tier ed penalty is prescribed to be determined on whether the acts of violence used is akin to that in robbery in Article 294, grave threats or grave coercion and an incremental penalty of fine based on the value of the gain obtained by the offender. There is no crime of threat and usurpation of real property since threat is an indispensable element of usurpation of real rights. Hence, where threats are uttered to the owner of real property by one illegally occupying it, the crime committed is not the complex crime of usurpation of real property with grave threats because making a threat is an inherent element of usurpation of real property.

The complainant must be the person upon whom violence was employed. If a tenant was occupying the property and he was threatened by the offender, but it was the owner who was not in possession of the property who was named as the offended party, the same may be quashed as it does not charge an offense. The owner would, at most, be entitled to civil recourse only.

To be liable for fraudulent insolvency, the disposal of the merchandise must be done with malice. The mere circumstance that a person has disposed of his merchandise by removing them from the place where they were kept would necessarily imply fraud. What is required is actual prejudice to the creditor. The intention of the accused alone is not enough.

That the accused defrauded another by abuse of confidence, or by means of deceit and With unfaithfulness or abuse of confidence By means of false pretenses or fraudulent acts or Through fraudulent means That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person

With unfaithfulness or abuse of confidence

Notes in Criminal Law Book II

By means of false pretenses or fraudulent acts or Through fraudulent means

b.

By means of any of the following false pretenses of fraudulent acts executed prior to or simultaneously with commission of the fraud: a. By using fictitious name or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions; or by means of other similar deceits. By altering the quality, fineness, or weight of anything pertaining to his art or business. By pretending to have bribed any government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. d. By postdating a check, or issued a check in payment of an obligation when the offender had no

funds in the bank or his funds deposited therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within 3 days from receipt of notice from the bank and/or payee or holder that said check has been dishonored for lack or insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fradaulent act.

1. Offender postdated a check, issue d a check in payme nt of an obligation contracted at the time the check was issued. 2. The offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. 3. The payee sustained damage. To constitute Estafa, the check must be simultaneous to the receipt of the goods or anything of value. The check should not be in payment of a pre-existing obligation. The law penalizes the

Notes in Criminal Law Book II

issuance of checks with no funds or insufficient funds only if it were the immediate consideration of the release of the goods. The check must be issued concurrently with or in exchange for a product or goods.

By inducing another by means of deceit, to sign any document By resorting to some fraudulent practice to insure success in a gambling game By removing, concealing or destroying, in whole or in part, any court record, office files, document or any other papers.

That personal property is already pledged under the terms of the chattel mortgage law. That the offender, who is the mortgagee of such property, sells or pledges the same or any part thereof. That there is no consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds.

that personal property is mortgaged under the chattel mortage law. That the offender knows that such property is so mortaged. That he removes such mortgaged personal to any province or city other than the one in which it was located at the time of the execution of the mortgage. that the removal is permanent. That there is no written consent of the mortgagee or his executors, administration or assigns to such removal.

– willful damaging of another’s property for the sake of causing damage due to hate, revenge or other evil motive

Spouse, ascendants and descendants or relatives by affinity in the same line The widowed spouse with respect to the property w/c belonged to the deceased spouse before the same passed into the possession of another Brothers and sisters and brothers-in-law and sisters-in-law, if living together Stepfather, adopted father, natural children, concubine, paramour included as ascendants by affinity Also applies to common law spouses No criminal liabil ity but only civil liability shall result from the commission of any of the said crime

Theft ( not robbery ) Swindling Malicious mischief

can be committed by a married woman sho shall have sexual intercourse with a man not her husband and the man having carnal knoweledge of her, knowing her to be married.

Notes in Criminal Law Book II

is an instantaneous crime which is consummated by sexual intercourse. Each sexual intercourse constitutes a crime of adultery. Adultery is not a continuing crime unlike Concubinage. Lack of knowledge that the woman is married is a valid defense for the man who has carnal knowledge of the woman but the woman would still be liable.

This is a crime committed by a married man, the husband. Similarly, it includes the woman eho had a relationship with the married man. Only the offended spouse can files the case, just like in adultery. Conjugal dwelling refers to the house of the husba nd and wife or even a place where they temporarily reside. To cohabit means to live together in the concept of a husband and wife for some period of time. Occassional meeting for unlawful sexual intercourse is not cohabitation. One night of stay in a hotel as transients is not also cohabitation. Unlike adultery, concubinage is a continuing crime.

a. persons in public authority b. guardian c. teacher d. person who, in any capacity, is entr usted with the edu cation or custo dy of the woman seduced

a. priest b. house servant c. domestic

a. brother who seduced his sister b. ascendant who seduced his descendant In case of a teacher, it is not necessary the girl be his student. It is enough that she is enrolled in the same school. Virginity does not refer to physical virginity. Virginity is presumed if the woman is unmarried and of good reputation. Virgin refers to a woman of chaste character. A domestic is different from house servant. It includes any person living in the same house as member of the same household. It includes boarders but does not include transients or visitors. Seduction of a sister or descendants is incest. Virginit y of the sister or descendant is not required and she may be over 18 years of age. Deceit is not necessa ry in qualified seduction. Qualified seduction is committed even thou gh no deceit intervened or even when such carnal knowledge was voluntary on the part of the virgin. This is because in such a case, the law takes for granted the existence of the deceit as an integral element of the crime and punishes it with greater severity than it does the simple seduction, taking into account the abuse of confidence on the part of the agent. Abuse of confidence here implies fraud. The fact that the offended party gave her consent to the sexual intercourse is not a defense. Lack of consent on the part of the complainant is not an element of the crime.

Notes in Criminal Law Book II

The offended party is a woman who is single or a widow, of good reputation, over 12 and under 18 years of age The offender resorts to deceit as a means to consummate the sexual intercourse. Unlike in qualified seduction, virginity is not rquired in this crime 4. The crime is usually commit with deceit which takes the form of breach of promise to marry

For this crime to be committed, it is necessary that the acts of lasciviousness with the consent of the offfended party us committed under circumstances that would make it qualified or simple seduction had there been sexual intercourse and not lascivious acts only. There must eb avuse of authority or deceit.

By promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another It is not required that the offender be the guardian or custodian of the minor.

A woman is carried against her will or brought from one place to another against her will is with lewd design If the element of lewd design is present, the carrying of the woman would result to abduction. If not, the crime is kidnapping. If a woman was only brought to a certain place in order to break her will nad make her agree to marry the offender, the crime is only grave coercion because the criminal intent of the oofender is to force his will upon the woman and not really to restrain the woman of her liberty. If the owman who was talen with lewd design was also raped, a complex crime of forcible abduction with rape is committed. If the victim was rape three times, the second and third rapes shall constitu te separate crimes of rape. Sexual intercourse is not necessary in forcible abduction.

To be effective, pardon must be given before the prosecution of the crime. Pardon by the offended party does not extingusih criminal action in public crimes like estafa. In private crimes which include seduction, abduction, act of lasciviousness, criminal action is barred: a. If pardon is made before the instiution of the criminal action b. In adultery and concubinage when pardon is given to both offenders which may be expressed or implied c. Pardon by the offended party who is a minor must have the concurrence of parents except when the offended party haas no parents.

Notes in Criminal Law Book II

d. Marriage between the offender and offended party extinguishes criminal liability. e. Marriage of the offender and offended party in seduction, abduction and acts of lasciviousness extinguishes criminal action or remits the penalty already imposed and shall benefit the coprincipals, accomplishes and accessories. In rape, extinction of criminal liability applies only to the principal, the accused himself.

1.

To idemnify the offended women To acknowledge the offspring except: a. In adultery and concubinage since only a natural child may be acknowledged b. Where either the offender or the offended party us married c. When paternity cannit be ascertained (multiple rape) In every case to support the offspring

Simulation of births Substitution of one child for another Concealing or abandoning any legitimate child with the intent to cause such child to lose its civil status takes place when a woman pretends to be pregnant when in fact she is not and on the day of the supposed delivery, she takes the child of another and declares the child to be her own. Simulation of birth must be made in the record of birth of a child. If the simulation is made in another document the crime is falsification of document under Art. 171 of the RPC. The woman who simulates birth and the one who furnishes the child are both liable as principals of the crime. In addition, the woman who simulates birth by executing an affidavit of late registration is also liable for perjury under Art. 183 of the RPC.

This crime is committed when the civil status of another or the parental ir conjugal rights of another are assumed by another to enjoy the righst arising therefrom.

That the offender has been legally married. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the civil code. That he contracts a second or subsequent marriage. That the second or subsequent marriage has all the essential requisites for validity. The crime of bigamy does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party. The offense is committed not only against the first and second wife but also against the state. It is a public crime, not a private crime. The failure of the offender to exercise due diligence to ascertain the whereabouts of the first wife and enters into a second marriage give rise to a crime of bigamy. The second marriage must have all the essentail requisites for validity were it not for the existence of the first marriage. Once convicted of bigamy may also be prosecuted for concubinage as both are distinct offenses. The first is an offense against the civil status which may prosecuted at the instance of the state. The second is an offense against chastity and may be prosecuted only at the instance of the offended party.

Notes in Criminal Law Book II

A marred person who contracts a marriage before his petition for the declaration of nullity of his/her marriage under Art. 36 of the FC is granted or before judgment thereof becomes final is liable for bigamy.

That the offender contracted marriage. That he knew at the time that the requirement of the law were not complied with, or The marriage was in disregard of a legal impediment.

A widow who within 301 days from death of husband, got married or before her delivery, if she was pregnant at the time of his death A woman whose marriage having been dissolved or annulled, married before her delivery or within 301 days after the legal separation The reson why premature marriages are made criminal is because of the probability of confusion in paternity and filiation of the child who would be born.

Performance of any illegal marriage ceremony by a priest or minister of any religious denomination or sect or by civil authorities. If he is not authorized, he is liable for Usurpation of Official Functions under Art. 177 of the RPC.

1. That there mu st be an imput ation of a crime, or of a vice or defec t, real or ima ginary, or any act, omission, condition, status, or circumstances. 2. That the imputation must be made publicly. 3. That it must be malicious. 4. That the imputation must be directed at a natural or juridical person, or one who is de ad. 5. That the imputation must tend to cause the dishonor, discredit or contempt of the person defamed. is a public and malicious imputation of a crime, or a vice or defect, real or imaginary or any act, commission, condition, status or circumstances tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead

It is what the article conveyed to a fair and reasonable man that should be considered, not the intent of the writer.

1. Crime allegedly committed by the offended party 2. Vice or defect, real or imaginary of the offended party 3. Any act, ommission, condition, status of, circusmatnces relating to the offended party. There is publication if the material is communicated to a third person. It is not necessary that the person defamed has read or heard about the libelous remark. What is material is that a thrid person has read or heard the libelous or defamatory imputations. The offended party must be identifiable as the object of the defamatory statement. It must be shown from the statement that the victim is identifiable by a third person or even a stranger.

Notes in Criminal Law Book II

– This is assumed and is inferred from the defamatory character of an imputation. The presumption of malice attaches to the defamatory statement especially if it appears to be insulting per se. The law presumes that the defamer made the imputation without good intention or justifiable motive. – This refers to malice as a fact. The presence and existence of personal ill-will or spite may still appear even if the statement is not defamatory. So, where the defamatory acts may be presumed from the publi cation of the defamatory acts imputed refer to the priva te life of the individual, malice may be presumed from the publication of the defamatory statement because no one has a right to invade another’s privacy.

1. Made of different occasion- there are as many crimes of libel as there are per sons directly addressed with such statements or directly referred to. 2. Made on a single occasion a. Directed to a class or gro up of nume rous pers ons in gene ral terms only without any particular person being directly addressed-no victim identified or identifiable-no actionable libel b. Sweeping or all embracing as to apply to eve ry ind ividual in that gro up so that each individual herein can prove that the defamatory statement specially pointed to him—he can bring his action separately. c. If several identifiable victims are libel in a single article there are as many crimes of libel as there are persons defamed.

Every Defamatory imputation is presumed to be malicious, even if it be true. The presumption of malice is rebutted if it be shown by the accused that: a. The defamatory imputation is true, in case the la w allows proof of the truth of the imputation b. It is published with good intention c. There is justifiable motive for making it. Malice is not presumed in the following cases involving qualifiedly privileged communication: a. Private communication made by any pe rson to another in the performance of any legal, moral or social duty. b. As fair and tr ue report made in good faith , without any comme nts or rema rks of any jud icial, legislative or other proceedings which are not confidential nature or any of statement, report or speech delivered in said proceedings or any other act performed by public officers in the exercise of their functions.

It is a rule which states that even if the defamatory statement is false, no liability can attach if it relates to official conduct, unless the public official concerned proves that the statement was made with actual malice—that is, with knowledge that it was false or with reckless disregard of whether it was false or not. is a communication made bona fide upon any subject matter in which the party communicating has an interest, or in reference to which he has duty and the person to whom the communication is given has a corresponding interest.

Require that the complainant must establish malice in fact. The offender is still liable if all the elements of qualified privileged communication are not present. Are not actionable whether or not criminally or civilly.

Private communication made by any person to another in the performance of any legal, moral or social duty. 1. That the person who made the communication had a legal, moral or social duty to make the communication or at least, he had an interest to be upheld.

Notes in Criminal Law Book II

2. The communication is addressed to an officer or a board or superior, having some interest or duty in the matter 3. That the statements in the communication are made in good faith.

1. The defendant acted with malice in fact or 2. There is no reasonable ground for believing the charge to be true. As fair and true report made in good faith , without any comments or remarks of any judicial, legislative or other proceedings which are not confidential nature or any of statement, report or speech delivered in said proceedings or any other act performed by public officers in the exercise of their functions. 1. That it is fair and true repo rt of a judicial, legislative or other proceedings which are not confidential nature or any of statement, report or speech delivered in said proceedings or any other act performed by public officers in the exercise of their functions 2. That it is made in good faith 3. That is without any comments or remarks

1. A qualified privileged communication must be made wit h malice and bad faith in orde r to be actionable 2. An absolutely privileged communication is not actionable even if made in bad faith.

1. Statements made by members of Congress in the discharge of their functions 2. Allegations or statements made by the parties of their counsel in their pleadings or motions or during the hearing of judicial proceedings 3. Answers given by witne sses in reply to quest ions propounded to them, in the course of said proceedings, provided that said allegations or statements are relevant to the issues and the answers are responsive or pertinent to the questions propounded to said witnesses.

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Writing; Printing; Lithography; Engraving; Radio; Photograph; Painting; Theatrical exhibition; Cinematographic exhibition; or Any similar means.

* In the enumeration above, television is not included, probably because at the time the Revised Penal Code was conceived, television had not yet been invented. However, the law provides, “or any similar means” which easily qualifies television is such species or category.

Administrative Circular No. 08-2008 laid down a rule of preference for the imposition of a fine only rather than imprisonment in libel cases. The Administrative circular provides that: It does not remove imprisonment as an alternative penalty for the crime libel under Article 355 of the Revised Penal Code; The Judges in the exercise of sound discretion, and taking into consideration the peculiar circumstances of each case, determine whether the imposition of a fine alone would best serve the interests of justice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense, work violence on the social order, or otherwise be contrary to the imperative of justice; Should only a fine be imposed and the accused be unable to pay the fine, there is no legal obstacle to the application of the Revised Penal Code provision on subsidiary imprisonment.

Notes in Criminal Law Book II

Threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his family; Offering to prevent the publication of such libel for compensation or money consideration. It involves the unlawful extortion of money by appealing to the fear of the victim, through threats of accusation or exposure. It contemplates of two offenses: a threat to establish a libel and an offer to prevent such publication. The gravamen of the crime is the intent to extort money or other things of value. – In any unlawful extortion of money by threats of accusation or exposure. (1) light threats under Article 283; and (2) threatening to publish, or offering to prevent the publication of, a libel for compensation, under Article 356.

That the offender is a reporter, editor or manager of a newspaper, daily or magazine. That he publishes facts connected with the private life of another. That such facts are offensive to the honor, virtue and reputation of said person. This article is referred to as the Gag Law because while a report of an official proceeding is allowed, it gags those who would publish therein facts which this article prohibits and punishes any violation thereof. The Gag Law prohibits the publication of cases relating to adultery, divorce, legitimacy of children, etc.

1. 2.

action of a serious and insulting nature light insult or defamation – not serious in nature

Grave oral defamation consists of defamation which is serious in nature and is penalized by arresto mayor in its maximum period to prision correccional in its maximum period.

1.

utterance expressions used by the offender 2. personal relations of the accused and the offended party 3. circumstances surrounding the case 4. office, business, means of livelihood or social standing and position of the offended party consists of defamation which is not serious in nature and penalized as a light felony by arresto menor or a fine not exceeding P200.00. made in the heat of anger is only light oral defamation. The slander need not to be heard by the offended party. The offended party can be defamed even he/she did not hear the defamatory imputations or utterances. It is sufficient that another person heard them.

That the offender performs any act not included in any other crime against honor. That such act is performed in the presence of other person or persons. That such act casts dishonor, discredit or contempt upon the offended party.

is a defamation committed by the offender against the complainant through the performance of any act which casts dishonor, discredit or contempt upon another person. Slander by deed refers to performance of an act, not use of words.

Notes in Criminal Law Book II

1. 2.

Simple slander by deed; and Grave slander by deed, that is, which is of a serious nature.

1.

The person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means(par.1) The author or editor of a book or pamphlet 3. The editor or business manager of a daily newspaper magazine or serial publication(par.2) The owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication

It shall be filed with the Regional Trial Court of the province or city where the libelous article is printed and first published or where any of the offended parties actually resides at the time of the commission of the offense.

Imputation against a public officer in relation to his public function Imputation of a crime against any person. Truth alone is not a defense. The accused must further prove that he acted out of good motives and justifiable end. The proof of truth of the accusation cannot be based upon mere hearsay rumors or suspicion. It must be positive direct evidence upon which a definite finding may be made by the court.

1. It appears that the matters charged as libelous is true 2. It was published with good motives 3. For a justifiable end

A person who makes libelous remarks or comments connected with the matter privileged under the provisions of Art 354, if made with malice shall no exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability.

That the offender performs an act. That by such act he directly incriminates or imputes to an innocent person the commission of a crime. That such act does not constitute perjury. This crime is called

The crime is committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person It differs from defamation in that it consists of machinations or designs and may be committed without using written which are defamatory. The offender without ascertaining the truth of a derogatory or defamatory news, remarks or utterances repeats the same and passed it on to another. The source of the derogatory or defamatory news is not known.

When the source of the defamatory utterance is unknown and the offender simply repeats or passes the same, the crime is intriguing against honor.

Notes in Criminal Law Book II

If the source of the defamatory utterance is known, and offender makes a republication thereof, even though he repeats the libelous stat ement as coming from anoth er, as long as the source is identified, the crime committed by that offender is oral defamtion.

In intriguing against honor, the offender resorts to an intrigue for the purpose of blemishing the honor or reputation of another person. In incriminating an innocent person, the offender performs an act by which he directly incriminates or imputes to an innocent person the commission of a crime.

That the offender does or fails to do an act. That the doing of or the failure to do that act is voluntary. That it be without malice. That material damage results. That there is inexcusable lack of precaution on the part of the offender, taking into consideration a. his employment or occupation b. degree of intelligence, physical condition, and c. other circumstances regarding persons, time and place.

1.

Committing through reckless imprudence any act which, had it been intentional, would constitute a grave or less grave felony or light felony; Committing through simple imprudence or ne gligence an a ct which would otherwise constitute a grave or a less serious felony;

2. 3.

Causing damage to t he property of another through reckless imprudence or si mple imprudence or negligence; Causing through simple imprudence or ne gligence some wrong which, if do ne maliciously, would have constituted a light felony.

4.

1. 2. 3. 4. 5.

That the offender does or fails to do an act. That the doing of or the failure to do that act is voluntary. That it be without malice. That material damage results. That there is inexcusable lack of precaution on the part of t he offender, taking into consideration a. his employment or occupation b. degree of intelligence, physical condition, and c. other circumstances regarding persons, time and place.

That there is lack of precaution on the part of the offender. That the damage impending to be caused in not immediate or the danger is not clearly manifest.

If the danger that may result from the criminal negligence is clearly perceivable, the imprudence is reckless. If it could hardly be perceived, the criminal negligence would only be simple. The mitigating or aggravating circumstances under Art 64 do not apply to crimes committed through negligence. The defense of contributory negligence is also unavailing and cannot be invoked by the offender because one cannot use the negligence of another person to evade the consequence of his own negligence.