Crim2 Notes

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

BOOK TWO REVISED PENAL CODE OF THE PHILIPPINES + atty. Salva Lecture Notes

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Title One Crimes Against National Security and Laws of the Nations National Security Section One: Treason and Espionage 114: Treason

Offender: Filipino Citizen or Resident alien

Alien residing here No formal declaration of war

Treason Treason

There is a war which the Philippines is involved.

Mere internal conflict/ causing disturbance in the country

Sedition Not in furtherance: separate

Offender either: 1) levies war against the govt 2) adheres to the enemies by giving them aid AND comfort

Committed during time of war Two or more persons Come to an agreement to levy war against the govt or to adhere to the enemies and to give them air or comfort and decide to commit it.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

I- treachery, abuse of superior strength evident premeditation; conspiracy/ proposal to commit treason A- ignominy, cruelty, amount of degree of aid, gravity of separate distinct acts or reason

Committed where: 1) FC: anywhere 2) RA: in the Phil only 115: Conspiracy to Commit Treason

Absorbs crimes committed in furtherance thereof

One only

Yung totoo! :D

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pahina. 1

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished 116: Proposal to Commit Treason

117: Misprision Treason

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Committed during time of war A person has decided to levy war against the govt or adhere to the enemies by giving them aid or comfort Proposes its execution to other person/s Other person does not accept Offender: citizen of the Philippines; AND NOT A FOREIGNER That he has knowledge of any conspiracy against the Treason already committed govt That the conspiracy is one to commit treason That he conceals or does not disclose and make known the same asap to the proper authority

Still Art 116 Treason

Section Two: Provoking War and Disloyalty 118: Espionage Two ways of committing: during time of peace/ war FIRST: Offender ( citizen or foreigner) enters a warship; fort; Foreigner a military; or naval establishment or reservation That he has no authority Purpose: to obtain information, plans, photo, other Not obtained data of a confidential nature relative to the defense of the Philippines SECOND Offender is a public officer That he has in his possession the articles, data, or information obtain information confidential nature relative to the defense of the Philippines BY REASON of his public office OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Espionage Espionage

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pahina. 2

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished That he discloses their contents to a representative of a foreign nation Commonwealth Act 616

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Beauty contestant of a Foreign Espionage country

Commonwealth Act No. 616 – An Act to Punish Espionage and Other Offenses against National Security Acts punished 1. Unlawfully obtaining or permitting to be obtained information affecting national defense; 2. Unlawful disclosing of information affecting national defense; 3. Disloyal acts or words in times of peace; 4. Disloyal acts or words in times of war; 5. Conspiracy to violate preceding sections; and 6. Harboring or concealing violators of law. Laws of the Nations

118: inciting to war or giving motives for reprisals

119: Violation of Neutrality

Offender performs unlawful or unauthorized acts That such acts a) provoke or give occasion for a war involving or liable to involve the Philippines b) expose Filipino citizens to reprisals on their persons and property During time of peace There is a war in which the Ph is not involved There is a regulation issued by a competent authority (President or AFP chief of staff) for the purpose of enforcing neutrality Offender violates such regulation

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

No regulation

No Crime

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pahina. 3

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished 120: Correspondence with hostile country

That there is a war in which the Philippines is involved Offender makes correspondence: a) enemy country b) territory occupied by the enemy troops Correspondence is EITHER: a) prohibited by the govt b) carries in ciphers or conventional signs c) contains notice or information which might be useful to the enemy

Modified ELEMENTS

Crime TWO

Innocent matters and there is prohibition

Still 120

No prohibition but carries in ciphers/ conventional signs

Still 120

With OTHER Crimes

Circumstances I- inherent A- aggravating

Offender intended to give aid Treason to enemy by giving information 121: Flight to Enemy’s country

There is a war which Ph is involved Offender owes allegiance to the govt Offender attempts to flee or go to enemy country Going to enemy country is prohibited by competent authority

Resident alien

Still 121

No prohibition

No crime

Section Three: Piracy and Mutiny on the high seas in the Philippines 122: Piracy in the high seas OR ph waters

The vessel is on the high seas/ ph waters Offenders are NOT members of its complement or passengers Offender:

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Ph waters only Any person

PD 532 PD 532

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pahina. 4

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

1. by attacking or seizing a vessel on the high seas or Ph waters 2. by seizing in the vessel while on the high seas or in Ph waters the whole or part of its cargo, equipment, personal belongings of its complement or passengers Mutiny in the high seas OR ph waters

PD 532

Aiding or abetting of piracy 123: qualified piracy

Qualified mutiny RA 6235

Vessel is on the high seas/ Ph waters Offenders: crew or passengers Unlawful resistance to a superior of the raising of commotions and disturbances on board a ship against the authority of the commander Anti- piracy and anti- highway robbery law PD 532 covers 2 distinct crimes: piracy and brigandage. It didn't repeal Art. 122 of the Revised Penal Code, which covers piracy, but gave a separate treatment on piracy committed in Philippine waters. Art. 122 was amended by RA 7659. 1. knowingly aids or protects pirates 2. acquires or receives property taken by such pirates, or in any manner derives benefit therefrom. 3. directly or indirectly abets the commission of piracy 1. offenders have seized the vessel by boarding or Regardless of firing the same number of 2. abandoned their victims without means of saving victims: it is one themselves SPECIAL 3. murder/ homicide/ physical injuries/ rape COMPLEX CRIME 2. abandoned their victims without means of saving themselves 3. murder/ homicide/ physical injuries/ rape Anti-hijacking law Anti hi-jacking is another kind of piracy which is committed in an aircraft. In other countries, this crime is known as aircraft piracy.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

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pahina. 5

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Four situations governed by anti hi-jacking law: (1) usurping or seizing control of an aircraft of Philippine registry while it is in flight, compelling the pilots thereof to change the course or destination of the aircraft; (2) usurping or seizing control of an aircraft of foreign registry while within Philippine territory, compelling the pilots thereof to land in any part of Philippine territory; (3) carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines, any flammable, corrosive, explosive, or poisonous substance; and (4) loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, any flammable, corrosive, explosive, or poisonous substance if this was done not in accordance with the rules and regulations set and promulgated by the Air Transportation Office on this matter. Title Two Crimes Against the Fundamental Law of the State Chapter One Arbitrary Detention or Expulsion, Violation of dwelling, prohibition, interruption, and dissolution of peaceful meeting and crimes against Religious Worship Section One: Arbitrary Detention and Expulsion 124: Abritrary Detention

Offender is a public officer or employee Has authority to arrest and detain He detains a person ( Physical or Psychological retraint) Detention is without legal grounds

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Not public officer vested with authority or not in duty Feigned to arrest a person without any legal cause to deliver him to authories

Illegal detention

Legal grounds: Commission of crime/ violent insanity/ hospital confinement

No crime

Unlawful arrest

Unlawful arrest

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pahina. 6

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished 125: delay in the delivery of detained person to the proper judicial authorities

126: delaying release

127: expulsion

Offender is a public officer or employee He has detained a person for some legal ground He fails to deliver such person to the proper judicial authorities within: a) 12 hours- light penalties b) 18 hours- correctional penalties c) 36 hours- afflictive penalties Offender is a public officer or employee That there is a a) judicial or executive order for the release of a prisoner or detention prisoner or b) that there is a proceeding upon a petition for the liberation of such person. Offender without good reason delays either: a) service of the notice or such order or release to the prisoner b) performance of such judicial or executive order for the release of prisoner c) proceedings upon petition for the release of such person. Offender is a public officer or employee He expels any person from the ph or compels a person to change his residence

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Modified ELEMENTS

Crime TWO

Made by a private individual Has a warrant of arrest Illegal from the beginning

Illegal detention No crime Arbitrary detention

Expropriation or penalty is destierro

No crime

Alien expelled by the president

No crime

Court by final judgment order change of address

No crime

With OTHER Crimes

Circumstances I- inherent A- aggravating

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pahina. 7

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Offender is not authorized to do so by law Section Two: Violation of Domicile 128: violation of domicile

Offender is a public officer or employee He is not authorized by judicial order to enter the dwelling and or to make the search for the papers and other effects. That he: a) entered any dwelling against the will of the owner ( no consent + objection). b) searched paper or other effects found therein without consent of such owner (lack of consent) c) refuses to leave the premises after having surreptitiously entered said dwelling and after having been required to leave

129: search warrant maliciously obtained

Offender is a public officer He procures search warrant

Private individual or public Trespass to dwelling officer who has no authority to effect search and seizure Has warrant but maliciously 129 obtained not lawful occupant

No crime

paper/ effects not found in the dwelling Entered into a door not for entry

No crime

Qualifying: 1) night time 2) if any or effects not constituting evidence of a crime are not returned immediately after a search is made by the offender

Qualified Violation of Domicile

Through falsification of affidavit

129 AND perjury

Still 128

Violation of domicile No warrant OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

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pahina. 8

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

No just cause Abuse in the service of those legally obtained 130: searching domicile without witnesses

Offender is a public officer of employee He has legally procured a search warrant He exceeds his authority or uses unnecessary severity in executing the same Public officer or employee Armed with a search warrant legally procured He searches domicile papers, or other belongings of any person Owner or any member of his family or 2 witnesses residing in the same locality are not present

Not in the dwelling

No crime

Section Three: Prohibition Interruption, and Dissolution of Peaceful Meetings 131: prohibition, interruption, and dissolution of peaceful meetings

Offender is a public officer or employee

He a) prohibits, interrupts, or dissolves without legal ground the holding of peaceful meeting. b) hinders any person from joining any lawful association or from attending any of its meetings c) prohibits, hinders any person from addressing, either along or together with other, any petition to the OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Stranger

Still 131

Participant

Unjust vexation

Private individual

Art 153: tumults

Interrupts or dissolves a meeting of the municipal council by a public officer

Art 143-144: crimes against legislatives bodies and similiar bodies

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pahina. 9

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

authorities for the correction of abuses or redress of grievances Section Four: Crimes Against Religious Worship 132: interruption of religious worship

He is a public officer or employee That religious ceremonies or manifestations of any religion are about to take place or are going on The offender prevents of disturbs the same

133: offending religious feelings

Any person Acts complained were performed: a) in a place devoted to religious worship b) during celebration of any religious ceremeny Acts must be notoriously offensive to the feelings of the faithful

If prohibition or disturbance is committed in a meeting or rally of a sect Qualified: by violence or threats

Art 131

Not

Unjust vexation

Qualified Art 132

Title Three Crimes Against Public Order Title Three Crimes Against Public Order Chapter One Rebellion, Coup d’etat, Sedition, and Disloyalty 134: rebellion/ insurrection

There is public uprising AND taking of arms against the govt. actual clash not necessary

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Levies war vs govt or gives aid to enemies

Treason

Absorbs crimes committed in furtherance

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pahina. 10

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

thereof For the purpose: a) removing the allegiance to said govt or its law - the ph territory or any part thereof - any body of land, naval or other armed forces

134-a: coup d’etat

b) depriving the president or congress, wholly or partially or any of their powers or prerogatives During time of peace of war That the offender is a person or persons belonging to the military or police holding any public office or employment.

Mere silence of knowledge of Rebellion No evidence of purpose

No crime

Minor purpose violation of allegiance

insurrection treason

If judiciary

Sedition

With or without civilian participation

coup d’etat

Sedition or kidnapping

Not in furtherance: separate

One person coup d’etat Committed by means of swift attach, accompanied by Public uprising and taking of Rebellion violence, intimidation, threat, strategy, or stealth arms vs govt Attack is directed against duly constituted authorities of the RP, or any military camp or installation , or communication networks, public utilities or other facilities needed for the exercise and continued possession of power Purpose of attack: seize or diminish state power Overthrow the govt Rebellion (president, legislative, judicial power, and police power) Human Security Act of Sec. 3 Terrorism – Any person who commits an act punishable under any of the following provisions of the Revised Penal Code: 2007 a. Article 122 (Piracy in General and Mutiny in the High Seas or in Philippine Waters); b. Article 134 (Rebellion or Insurrection); c. Article 134-A (Coup d’ Etat), including acts committed by private persons; d. Article 248 (Murder); OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

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pahina. 11

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

e. Article 267 (Kidnapping and Serious Illegal Detention); f. Article 324 (Crimes Involving Destruction); or under Special Laws: (1) Presidential Decree No. 1613 (The Law on Arson); (2) Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990); (3) Republic Act No. 5207 (Atomic Energy Regulatory and Liability Act of 1968); (4) Republic Act No. 6235 (Anti-Hijacking Law); (5) Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974) and, (6) Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)

135: penalty for rebellion/ insurrection/ coup d’etat

136: conspiracy and proposal to commit rebellion, insurrection or coup d’eata 137: disloyalty of public officers or employees

thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand, shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended. Persons liable for rebellion, insurrection or coup d' etat under Article 135 1.The leaders – a.Any person who promotes, maintains or heads a rebellion or insurrection; or b.Any person who leads, directs or commands others to undertake a coup d' etat; 2.The participants – eg, assistant a.Any person who participates or executes the commands of others in rebellion, insurrection or coup d' etat; b.Any person not in the government service who participates, supports, finances, abets or aids in undertaking a coup d' etat. There is conspiracy to commit rebellion when two or more persons come to an agreement to rise publicly and take arms against government for any of the purposes of rebellion and decide to commit it. There is proposal to commit rebellion when the person who has decided to rise publicly and take arms against the government for any of the purposes of rebellion proposes its execution to some other person or persons. Public officer or employee There is rebellion committed by other persons

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Conspires with rebels

rebellion Source: https://warlita.wordpress.com/right_brained/

pahina. 12

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

1. failing to resist rebellion by all means in their power 2. continuing to discharge the duties of their office under the control of rebels 3. accepting appointment to office under the rebels 138: inciting to rebellion / insurrection

139: sedition

Offender does not take up arms or is not in open hostility against govt He incites others to the execution of any acts of the rebellion That the inciting is done by means of (spwebo)speeches, proclamations, writings, emblems, banners, or other representations tending to the same end. Offenders rise publicly and tumultuously They employ (fio)force, intimidation,or other means outside of legal methods The following objects: a) to prevent the promulgation or execution of any law or the holding of any popular election b) to prevent the govt or any public officer from freely exercising its or his functions, or prevent the execution of any administrative order c) to inflict any act of hate or revenge upon the person or property of any public officer or employee d) to commit, for any political or social end, any act of hate or revenge against private persons or any social class e) to despoil, for any political or social end, any

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Person has decided and proposes to another.

Proposal to commit rebellion

Done publicly Done secretly Violation of allegiance Taking of arms vs govt

Inciting 138 Proposal to commit rebellion Treason rebellion

Object incompletely attained

sedition

Use of unlicensed firearms (RA 8294) is absorbed. Common crimes are not absorbed.

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pahina. 13

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

140: penalty for sedition 141: conspiracy to commit sedition

142: inciting to sedition

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

person or the govt of all its property or any part thereof. Persons liable for sedition under Article 140 1. The leader of the sedition; and 2. Other person participating in the sedition. 1. two or more person come to an agreement

Not mere agreement but actually done

sedition

2. to rise publicly and tumultuously and to either of the objectives of sedition 4 acts punished: 1. inciting others to commit sedition by means of spwebo - offender does not take part in the crime of sedition -he incites others to the accomplishment of any of the acts which constitute sedition - by means of spwebo 2. uttering seditious words or speeches which tend to disturb public peace 3. writing, publishing, or circulating scurrilous libels against the govt or any of its duly constituted authorities 2 and 3 punishable when: -tend to disturb or obstruct any lawful officer in executing the functions of his office -tend to instigate others to cabal and meet together for unlawful purposes - they suggest or incite rebellious conspiracies or riots - they lead or tend to stir up the people against the lawful authorities or disturb the peace of the community, and the safety and order of the govt 4. knowingly concealing evil practices Chapter Two Crimes Against Popular Representation Section One: Crimes against Legislative Bodies and Similar Bodies

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

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pahina. 14

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished 143: acts tending to prevent the meeting of the assembly and similar bodies

144: disturbance of proceedings

Modified ELEMENTS

There be a projected or actual meeting of the Peaceful meeting congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, of of any provincial board or city or municipal council or board. Offender, who may be any person, prevents such meeting by force of fraud That there be a meeting of congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or any provincial board or city or municipal council or board The offender does the ff acts: Not participant 1) he disturbs any of such meetings 2) he behaves while in the presence of any such participant bodies in such a manner as to interrupt its proceedings or to impair the repect due to it.

Crime TWO Art 131

With OTHER Crimes

Circumstances I- inherent A- aggravating

Complexed with Force- physicial injuries Fraudfalsification 144 can be made the basis of contempt

144 Not 144, unjust vexation (?)

Section Two: Violation of Parliamentary Immunity 145: violation of parliamentary immunity

2 acts punished: First: any person a) offender uses force, intimidation, threats, or fraud b) that the purpose of the offender is to prevent any meme of the congress from: - attending the meetings of the congress or any of its committees or constitutional commissions, -expressing his opinions, -casting his vote Second:

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

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pahina. 15

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished a) that the offender is a public officer or employee b) that he arrests or searches any member of the congress c) that the congress, at the time of the arrest or search, is in regular or special session d) that the member arrested or searched has not committed a crime punishable under the RPC a penalty higher that prision mayor

Modified ELEMENTS

Reclusion Temporal to Death Prision mayor Fine to Prision correctional

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Not exempt Not exempt Exempt

Chapter Three Illegal Assemblies and Associations 146: Illegal Assemblies

147: Illegal Associations

2 kinds of illegal assemblies: First: a) there is a meetings, gathering or group or person, whether in a fixed place or moving b) meeting is attended by ARMED person c) purpose is to commit any crime under the RPC Second: a) there is a meetings, gathering or group or person, whether in a fixed place or moving b) that the audience, ARMED OR NOT, is incited to the commission of the crime of treason, rebellion, or insurrection, sedition or direct assault. Prohibited associations, totally or partially organized for: 1) committing any of the crimes punishable under the RPC 2) some purpose contrary to morals

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Not incited Incited: Organizers / leaders/ persons merely present Speaker who incited

No crime Illegal assembly Inciting to rebellion/ sedition

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pahina. 16

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Chapter Four Assault Upon and Resistance and Disobedience to Persons in Authority and Their Agents 152: persons in authority and agents in persons in authority

A person in authority (PIA) is one directly vested with jurisdiction, that is, the power and authority to govern and execute the laws. An agent of a person in authority (APA) is one charged with (1) the maintenance of public order and (2) the protection and security of life and property. -person who comes to the aid of PIA is considered an agent of person in authority Public Officer: any person who takes part in the performance of public functions in the govt

148: direct assault Two ways of committing

Offender is also a PIA or APA in the performance of official duties

PIA or APA is suspended WITHOUT PUBLIC UPRISING a) that the offender employs force or intimidation If there is public uprising b) aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crime of sedition c) no public uprising offended: PIA or APA or private individual WITH PUBLIC UPRISING a) offender - makes an attach -employ force OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Coercion or Physical injuries Coercion or PI Rebellion/sedition

PIA or APA is killed: complex crime of DA with homicide or murder Injured: complex crime of DA with serious or less serious Physical

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pahina. 17

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished PIA: serious OR not serious APA: serious -Makes a serious intimidation -makes a serious resistance (active) b) that the person assaulted is a PIS or APA c) that at the time of assault: - PIA or APA is engaged in the ACTUAL performance of his official duties - that PIA or APA is assaulted by reason of the PAST performance of his official duties d) that the offender knows that the one he is assaulting is a PIA or APA in the exercise of his duties e) there is no public uprising

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

injuries Not serious

151: resistance and disobedience

1) committed with a weapon 2) offender is a public officer or employee 3) offender lays hands upon PIA

Qualified DA:

No DA

Physical injuries

Private individual or PIA or APA not in the performance of duty

Still 149

Slight physical injuries: PIA: separate offense APA: absorbed

149: indirect assault That APA is the victim of any of the forms of DA in Art 148 A person comes to the aid of APA Note: person coming to the aid of PIA is an APA

149 and 152

Offender makes use of force or intimidation upon such person coming to the aid of APA Victim Crime committed UPON Person coming to his aid VICTIM PIA PIA regardless

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

qualifier

Crime committed UPON AID

Regardless 148. DA 2nd kind

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pahina. 18

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished DA

APA

Regardless DA

APA

150: disobedience to summons issues by the national assembly, its committees or subcommittees, by the constitutional commission, its committees, subcommittee or

Crime TWO

With OTHER Crimes

Art 151. Resistance/disobedience

Private individual ( becomes APA)

Serious

148. DA 2nd kind

PIA

Not serious

Art 151. Resistance/disobedience

PIA APA

Regardless Serious Not serious regardless Serious Not serious regardless

148. DA 2nd kind 148. DA 2nd kind Art 151. Resistance/disobedience 149.IA 148. DA 2nd kind Art 151. Resistance/disobedience Physical injuries or coercion

Private Indvl ( does not become APA)

Circumstances I- inherent A- aggravating

Serious Not serious

Private indivl Resistance/ disobedience APA Regardless

Modified ELEMENTS

Note: Person comes to the aid of PIA- becomes APA Person comes to the aid of APA- does not become APA Acts Punished: 1. By refusing, without legal excuse, to obey summons of Congress, its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees or divisions, or by any commission or committee chairman or member authorized to summon witnesses; 2. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official; 3. By refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions;

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 19

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

divisions 4. By restraining another from attending as a witness in such legislative or constitutional body; 5. By inducing disobedience to a summons or refusal to be sworn by any such body or official. 151: resistance and disobedience to a person in authority or agent of such person

That a PIA or APA is engaged in the performance of official duty or gives a lawful order to the offender (direct order) Offender resists or seriously disobeys such PIA or APA

Not seriously disobedience Serious resistance

Simple disobedience DA

Act of offender does not fall in 148-150 Offender knows PIA or APA is a public officer. Chapter Five Public Disorders 153: tumults and other disturbances of public order

Acts punished: 1. Causing any serious disturbance in a public place, office or establishment; 2. Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is not included in Articles 131 and 132; 3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place; 4. Displaying placards or emblems which provoke a disturbance of public order in such place; 5. Burying with pomp the body of a person who has been legally executed.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

If done with the idea afterthought of inducing his hearers or readers to commit the crime of rebellion or sedition.

Inciting to sedition or rebellion

Committed by a stranger or public officer who is a participant

Still 153

Can be complxed with DA if the tumults and disturbances of public order are directed against PIA or APA.

Qualified Art 153 Public officer Art 131-2 disturbance or interruption of a tumultuous character. Source: https://warlita.wordpress.com/right_brained/

pahina. 20

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished 154: unlawful use of means of publication and unlawful utterances

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Acts punished 1. 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;

Note: actual public disorder or actual damage to the credit of the state is not necessary. The mere possibility of causing such damage is sufficient. Rises publicly

2. Encouraging disobedience to the law or to the constituted authorities or praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches; 3. Maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially; 4. 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.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Inciting to sedition RA no. 248: prohibits reprinting, reproduction, republication of govt publications without previous authority.

If printer/ owner of the printing establishment took part in the preparation and publication of the libelous writings

Publication is obscene and anonymous, the offenses can not be complexed as they involve different acts separately punished under 154 and Art 201 on obscene publications.

Art 360. Libel.

Source: https://warlita.wordpress.com/right_brained/

pahina. 21

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished 155: alarms and scandal

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Acts punished 1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause (which produces) alarm of danger;

Directed to a person

Art 254. Discharge of firearms

No alarm

No crime

2. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;

During fiesta

No crime

4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Article 153 in not applicable.

Disturbance is serious

Art 153

There is a person confined in jail That the offender removes therefrom such person, or helps him escape.

Confined in hospital or asylum Offender is a public officer who is actually and presently in custody or charge of the prisoner

Art 156 Art 223. Infidelity in the custody of a prisoner

3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements;

156: delivering prisoners from jail LIABILITY OF ONE WHO HELPS/REMOVES PRISONER.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

LIABILITY OF ONE WHO ESCAPES:

But is escapee is serving sentence of treason, murder, parricide

Accessory thereof.

IF DELIVERY OF PRISONER

BRIBER: corruption of PO

Detention prisoner: NO LIABILITY CONVICT by FINAL JUDGEMENT: evasion of service of sentence. Art. 157.

Source: https://warlita.wordpress.com/right_brained/

pahina. 22

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished

COMMITTED THROUGH BRIBERY: LIABILITY

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

(Art 212) and Art 156 JAILER: infidelity (Art 223) and bribery (Art 210) PRISONER: evasion of service (Art 157)

Chapter Six Evasion of Service of Sentence 157: evasion of service of sentence

Offender is a convict by final judgment He is serving his sentence, which consists in the deprivation of liberty He evades the service of his sentence by escaping during the term of his sentence

1. By means of unlawful entry (this should be “by scaling” Reyes);

Qualified Art 157

2. By breaking doors, windows, gates, walls, roofs or floors; 3. By using picklock, false keys, disguise, deceit, violence or intimidation; or 4. Through connivance with other convicts or employees of the penal institution. OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 23

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished 158: evasion of service of sentence on the occasion of disorders, conflagration, earthquake, of other calaminities.

159: Other cases of evasion of sentence (conditional pardon)

Modified ELEMENTS

That the offender is a convict by the final judgment , and is confined in a penal institution That there is disorder, resulting from: conflagration, Takes part in the mutiny earthquake, explosion, similar catastrophe, mutiny in which he has not participated That the offender leaves the penal institution where he is confined, on the occasion of such disorder or during mutiny That offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity Offender was a convict

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Mutiny

He was granted a conditional pardon by the chief executive That he violated any of the conditions of such pardon Chapter Seven Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense 160: Commission of another crime during the service of penalty imposed for another previous offense (quasi-recidivism)

That offender was already convicted by final judgment of one offense

First crime violated a special law

Still Art. 160.

It is special aggravating circumstance

That he committed a new felony before beginning to serve such sentence or while serving the same

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 24

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Title Four Crimes Against Public Interest Chapter One Forgeries Section One: Forging the Seal of the Government of the Philippine Islands the Signature or Stamp of the Chief Executive 161: counterfeiting seal of the government, signature and stamp of the govt 162: use of forged signature, counterfeit seal or stamp

Acts punished: 1) Forging the seal of the government of the Philippines 2) forging the signature of the president 3) forging the stamp of the president The seal or RP was counterfeited OR the signature or stamp of the chief executive was forged by another person That offender knew about this That he used the same

If not by another but the one who used the same

Art. 161

Section Two: Counterfeiting Coins 163: making and importing and uttering false coins

That there be false or counterfeited coins

False coin currency of foreign country

Art 163

Former coins withdrawn from circulation That the offender either made, imported, or uttered such coins That in case of uttering such false or counterfeited OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 25

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished 164: mutilation of coins- importation and utterance of mutilated coins

coins, he connived with the counterfeiters or importers Acts punished: 1. Mutilating coins of the legal currency, with the further requirements that there be intent to damage or to defraud another;

Crime TWO

Foreign country

Not Art 164.

Constructive possession

Stil Art 165

With OTHER Crimes

Circumstances I- inherent A- aggravating

2.Importing or uttering such mutilated coins, with the further requirement that there must be connivances with the mutilator or importer in case of uttering. 165: Selling of false or mutilated coin, without connivance

Acts punished 1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated; Elements Possession; With intent to utter; and Knowledge. 2. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated. Elements Actually uttering; and Knowledge.

Note: Mutilation: legal tender Forge, counterfeit, utter: regardless

Section Three: Forging treasury or Bank notes, obligations and securities; Importing and Uttering false or forged notes, obligations and securities 166: Forging treasury or Bank notes, obligations and

Acts punished: Falsification of PNB checks 1) Forging or falsification or treasury or bank notes or other documents payable to bearer

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Falsification of commercial documents under Art 172 in Source: https://warlita.wordpress.com/right_brained/

pahina. 26

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished securities; Importing 2) Importation of the same (bringing in Ph O/N and Uttering the same forged or falsified outside) 3) uttering the same in connivance with forgers or importers 167: counterfeiting, That the be an instrument payable to order or other importing and document of credit not payable to bearer uttering instrument not That offender either forged imported or uttered such payable to bearer instrument That in case of uttering, he connived with the importer or forger 168: illegal That the treasury or bank note or certificate or other possession and use of obligation and securities payable to bearer or any false treasury or bank instrument payable to the order or other document of notes and other credit not payable to bearer is forged or falsified by instruments of credit another That the offender knows that any of these instruments is forged or falsified That he performs any of these acts: a) using any of such forged or falsified instrument OR b) possessing with intent to use, any of the forged or falsified document 169: How forgery is 1. By giving to a treasury or bank note or any committed instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document;

RA 9194

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

connection with Art 171 of RPC.

Utterer is the forger

Forgery

Mere possession of false treasury or bank notes

No crime

Defacement mutilation tearing burning or destroying of the CB notes and coins

PD 247

2. By erasing, substituting, counterfeiting, or altering by any means the figures, letters, words, or sign contained therein. ANTI-MONEY LAUNDERING ACT OF 2001

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 27

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

SEC. 4. Money Laundering Offense. – Money laundering is a crime whereby the proceeds of an unlawful activity as herein defined are transacted, thereby making them appear to have originated from legitimate sources. It is committed by the following: "(a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful activity, transacts or attempts to transact said monetary instrument or property. "(b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a result of which he facilitates the offense of money laundering referred to in paragraph (a) above. "(c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so." "(b) 'Covered transaction' is a transaction in cash or other equivalent monetary instrument involving a total amount in excess of Five hundred thousand pesos (P500,000.00) within one (1) banking day." "(b-1) 'Suspicious transaction' are transactions with covered institutions, regardless of the amounts involved, where any of the following circumstances exist: "1. there is no underlying legal or trade obligation, purpose or economic justification; "2. the client is not properly identified; "3. the amount involved is not commensurate with the business or financial capacity of the client; "4. taking into account all known circumstances, it may be perceived that the client’s transaction is structured in order to avoid being the subject of reporting requirements under the Act; "5. any circumstance relating to the transaction which is observed to deviate from the profile of the client and/or the client’s past transactions with the covered institution; "6. the transaction is in any way related to an unlawful activity or offense under this Act that is about to be, is being or has been committed; or "7. any transaction that is similar or analogous to any of the foregoing." Unlawful Activity: SEC. 3. Section 3(i) of the same Act is further amended to read as follows: "(i) 'Unlawful activity' refers to any act or omission or series or combination thereof involving or having direct relation to the following: "(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended; "(2) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002; "(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act; OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 28

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

"(4) Plunder under Republic Act No. 7080, as amended; "(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended; "(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602; "(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential Decree No. 532; "(8) Qualified theft under Article 310 of the Revised Penal Code, as amended; "(9) Swindling under Article 315 of the Revised Penal Code, as amended; "(10) Smuggling under Republic Act Nos. 455 and 1937; "(11) Violations under Republic Act No. 8792, otherwise known as the Electronic Commerce Act of 2000; "(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and murder, as defined under the Revised Penal Code, as amended, including those perpetrated by terrorists against non-combatant persons and similar targets; "(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the Securities Regulation Code of 2000; "(14) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries." Section Four: Falsification of Legislative, Public, Commercial and Private documents and Wireless, Telegraph and Telephone Messages 170: Falsification of Legislative Documents

171: Falsification by public officer, employee or natary or ecclesiastical minister

That there be a bill, resolution or ordinance enacted or approved or pending approval by either House of Legislature or any provincial board or municipal council The offender alters the same That he has no proper authority therefor That alteration changed the meaning of the document Offender is private invdl or Public officer That the offender is a public officer, employee or notary public of ecclesiastical minister That he takes advantage of his official position when a) he has the duty to make or prepare or otherwise intervene in the preparation of document b) he has the official custody of the document which

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Other acts of falsification

Art 171 or 172

If does not take advantage

Art 172. Falsification of public document by a private individual Source: https://warlita.wordpress.com/right_brained/

pahina. 29

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

he falsified Offender falsifies a document 8 modes: He falsifies a document by committing any of the following acts: 1267: GENUINE document others: simulating or fabricating a document. 1. Counterfeiting or imitating any handwriting, signature or rubric;

2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate; 3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;

ELEMENTS: a. there is an intent to imitate or an attempt to imitate b. two signatures or handwritings, the genuine and the forged bear some resemblance. a) that the offender caused it to appear in a document that a person/s participated in an act of proceeding b) such persons did not in fact so participate in the act or proceeding

No ATTEMPT ( so that they are Liable under Art 170 (2) entirely unlike the genuine signature)

a) that a person/s participated in an act or proceeding b) that such person/s made statements in that act or proceeding c) that the offender in making a document, attributed to such person, statements other than those in facts

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 30

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

made by such person/s. 4. Making untruthful statements in a a) that the offender makes a document narration of facts; statements in a narration of facts b) that he has the legal obligation to disclose the truth of the facts narrated by him c) that the facts narrated by the offender are absolutely false d) that the perversion of truth in the narration of facts was made with the wrongful intent of injuring a 3rd person. 5. Altering true dates; a) Must affect either the veracity or documents or the effects thereof. 6. Making any alteration or intercalation in a genuine document a) that there be an alteration or which changes its meaning; intercalation on a document. b) that it was made on a genuine document. c) that the alteration or intercalation has changed the meaning of the document. d) that the change made the document speak something false. 7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Narration. Not conclusion of law.

No crime.

Not absolutely wrong. There is some colorable truth.

Perjury

If false narration is in an affidavit or statement required by law.

Falsification

Alteration of dates in official receipts to prevent discover of malversation. Means to conceal.

Can’t commit this crime.

Private individual or notary public or public officer who Source: https://warlita.wordpress.com/right_brained/

pahina. 31

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished in such a copy a statement contrary to, or different from, that of the genuine original; or

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

does not take advantage of his official position.

8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. 172: falsification by private individuals and use of falsified documents

Acts punished: 1) falsification of public, official, or commercial document by a private individual - the offender is a private individual or a public officer or employee who did not take advantage of his official position. - that he committed any of the acts of falsification enumerated in Art. 171 (1-6) - That the falsification was committed in a public or official or commercial document. 2) Falsification of private document by any person - that he offender committed any of the acts of falsification, 1-6 and 8 in Art 171 - That the falsification was committed in a private document That the falsification caused damage to a 3rd party or at least the falsification was committed with the intent to cause such damage. 3. Use of falsified document

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Flasification and Estafa: Of Public or official document: Complex crimes id committed as a necessary means to commit estafa. If to conceal it: estafa only.

Estafa through falsification of a private document.

ONLY estafa.

If a person knowingly offers in evidence a false witness or testimony

Art 184.offering false testimony in evidence.

Of Private document: Even if used as a necessary means: it is either Estafa or Falsification only. To determine which: pin point which crime was first committed.

Source: https://warlita.wordpress.com/right_brained/

pahina. 32

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished a) introducing in a judicial proceeding - that the offender knew that the document was falsified by another - that the false document was embraced in Art 171 or in any subdivision 1 and 2 of Art 172 - that he introduced said document in evidence in any judicial proceeding Note: no damage is required

173: Falsificstion of wireless, cable, telegraof and telephone messages and use of said falsified messages

b) Use in other transactions - that the offender knew that the document was falsified by another person - that the false document was embraced in Art 171 or in any subdivision No. 1 or 2 of Art 172 Acts punished: 1) Uttering fictitious wireless, telegraph, or telephone messages 2) Falsifying wireless, telegraph, or telephone messages For 1 and 2: - that the offender is an officer or employee of the govt or an officer or an employee of a private corporation, engaged in the service of sending or receving wireless, cable or telephone message - he commits any of the above acts

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

If a person uses a document PD 1829. Obstruction of with knowledge of its falsity to justice. affect the course of the outcome of the investigation of proceedings IN CRIMINAL CASES.

Through reckless imprudence

No such crime.

Private individual;s who forge of alter telegram

Act No. 1851

3) Using such falsified messages: - offender need not be connected to the govt or such corp OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 33

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

- that the accused knew that the wireless, cable, telegraph, or telephone message was falsified by any person specified in the 1st paragraph of Art 173. - that the accused used such falsified dispatch - that the use of such falsified dispatch resulted in the prejudice of a 3rd party or that the use thereof was with the intent to cause such prejudice. Section Five: Falsification of Medical Certificates, Certificates of Merit or service and the Like 174: False Medical Certificates False Certificates of Merit or Service

Persons liable: 1) Physician or Surgeon who, in connection with the practice of his profession, issued a false certificate

False Medical Certificate by a Physician

2)Public officer who issued a false certificate of merit or service, good conduct or similar circumstances

False Cerificate or Merit or Service by a Public Officer

3) Private individual who falsified a certificate falling in the classes mentioned in 1 and 2.

False Medical Certificate by a Private Individual OR False Cerificate or Merit or Service by a Private Individual property

175: Using false Certificates

Not covered.

That a false certificate mention in Art 174 was issued

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 34

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished That the offender knew that he certificate was false That he used the same

Modified ELEMENTS

Crime TWO

Used false certificates in a judicial proceeding

Art 175

False documents in Art 171172 in a judicial proceeding

Art 172

With OTHER Crimes

Circumstances I- inherent A- aggravating

Section Six: Manufacturing, Importing and Possession of instruments or Implements Intended for the Commission of Falsification 176: Manufacturing and possession of instruments and implements for falsification

Acts punished: Incomplete ser of materials for Still Art 175 1. making or introducing into the Philippines any counterfeiting stamps, dies, marks, or other instruments or implements for the counterfeiting of falsification Constructive possession Still 175 2. possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person. Chapter Two Other Falsities Section One: Usurpation of Authority, Rank, Title and Improper use of Names, Uniforms, and Insignia

172: Usurpation or Authority or official Function

Two Offenses: First: Usurpation of Authority Elements 1. Offender knowingly and falsely represents himself; 2. As an officer, agent or representative of any department or agency of the Philippine government

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 35

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

or of any foreign government.

178: Using fictitious name and concealing true name

Art 178, Art 348, Art 315 par 2, PD 1829

CA 142

Second: Usurpation of Official Functions Usurps diplomat/ consular or In addition RA No. 75 Elements other foreign govt 1.Offender performs any act; 2.Pertaining to any person in authority or public officer of the Philippine government or any foreign government, or any agency thereof; 3.Under pretense of official position; 4.Without being lawfully entitled to do so. First: Using Fictitious Name: -That the offender uses a name other than his real name -That he uses the fictitious name publicly If against public interest Estafa -The purpose of the offender is a) conceal a crime b) to evade the execution of a judgment c) to cause damage to public interest Second: Concealing True Name -that the offender conceals a) his true name AND b) that the purpose is only to conceal his identity Using Ficittiuous Name Usurpation of Civil Status Estafa Art 178 Art 348 (Art 315 par 2) Purpose: Purpose: Purpose: a) conceal a crime To enjoy the rights arising from the Defraud 3rd persons b) to evade the execution of a civil status of the person judgment impersonated c) to cause damage to public interest Commonwealth Act No. 142 (Regulating the Use of Aliases)

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

May be complexed with: Delivering prisoners from jail BUT NOT with evasaion of service of sentence. Using Fictitious name Under PD 1829 Purpose: To conceal a crime, evade prosecution or the execution of judgment or concealing his true name and other personal circumstances for the same purpose

Source: https://warlita.wordpress.com/right_brained/

pahina. 36

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

GR: 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. Exception: Pseudonym solely for literary, cinema, television, radio, or other entertainment and in athletic events where the use of pseudonym is a normally accepted practice. 179: Illegal Use of Uniforms or Insignia

That the offender makes use of insignia, uniform, or dress

The insignia, uniform, dress pertains to an office not held by the offender or to a class of persons of which he is not a member

Not exact imitation

Still 179

Manufacture, sale, distribution and use of PNP uniforms, insignias, and other accoutrements Imaginary office

EO 297

AFP or Consbulary

Ra 493

No crime

Naval, military, police or other RA No. 75 official uniform, decoration, or regali of a foreign State That said insignia, uniform or dress is used publicly AND improperly Section Two: False Testimony Three forms 180: False Testimony against defendant

1. in Criminal cases (180-181) 2. in Civil cases (182) 3. in other Cases (183) That there is a criminal proceeding

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Violation under special penal law

Still 180 Source: https://warlita.wordpress.com/right_brained/

pahina. 37

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished That the offender testifies falsely under oath against the defendant therein

181: false testimony favorable to defendant

182: false testimony in civil cases

183: perjury

That the offender who gives false testimony knows that it is false That the defendant against whom the false testimony is given is either acquitted or convicted in final judgment A person gives false testimony;

In favor of the defendant; Criminal case Testimony given in a civil case Related to the issue presented in the case Testimony is false Defendant knows it is false Testimony must be malicious and given with an intent to affect the issues presented in said case Two ways of committing: First: falsely testifying under oath Second: making false affidavit Offender makes a statement under oath or executes an affidavit upon a material matter; The statement or affidavit is made before a competent officer, authorized to receive and administer oaths;

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Modified ELEMENTS

Crime TWO

Court does not consider testimony

Still 180

Incomplete Good faith

No crime No crime

Defendant himself and imputes another

Still 181

Rectified mistakes right after giving it

No crime

Acquitted/ convicted Given in a special proceeding

Still 181 182 not applicable

Good faith

No crime

Not material

Not perjury

With OTHER Crimes

Circumstances I- inherent A- aggravating

Source: https://warlita.wordpress.com/right_brained/

pahina. 38

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Subordination of perjury 184: offering false testimony in evidence

Offender makes a willful and deliberate assertion of a falsehood in the statement or affidavit; The sworn statement or affidavit containing the falsity is required by law or authorized by law, that is, it is made for a legal purpose Person who knowingly and willfully procure another To swear falsely And the witness suborned does not testify under the circumstances rendering him guilty of perjury That the offender offered in evidence a false witness or testimony That he knew the witness or testimony was false That the offer was made in a judicial or official proceeding

Modified ELEMENTS

induced

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Not 184 but subordination of perjury

Chapter Three Frauds Section One: Machinations, Monopolies, and Combinations 185: Machinations in Public Auctions

Acts punished FIRST: consummated by mere solicitation Elements 1. There is a public auction; 2. Offender solicits any gift or a promise from any of the bidders; 3. Such gift or promise is the consideration for his refraining from taking part in that public auction; 4. Offender has the intent to cause the reduction of

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 39

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

the price of the thing auctioned. SECOND. Consummated by mere attempt. Elements 1. There is a public auction; 2. Offender attempts to cause the bidders to stay away from that public auction; 3. It is done by threats, gifts, promises or any other artifice; 4. Offender has the intent to cause the reduction of the price of the thing auctioned. 186: Monopilies and combinations in restraint of trade

Acts punished

Mere conpiracy

Still 186

First: Combination to prevent free competition in the market; Elements 1. Entering into any contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise; 2. In restraint of trade or commerce or to prevent by artificial means free competition in the market. Second: Monopoly to restrain free competition in the market; Elements 1. By monopolizing any merchandise or object of trade or commerce, or by combining with any other

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 40

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

person or persons to monopolize said merchandise or object; 2. In order to alter the prices thereof by spreading false rumors or making use of any other artifice; 3. To restrain free competition in the market Third: 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 merchandise. Elements 1. Manufacturer, producer, processor or importer of any merchandise or object of commerce; 2. Combines, conspires or agrees with any person; 3. Purpose is to make transactions prejudicial to lawful commerce or to increase the market price of any merchandise or object of commerce manufactured, produced, processed, assembled or imported into the Philippines. Section Two: Frauds in Commerce and Industry 187: Importation and Disposition of Falsely marked articles or merchandise made of gold, silver, or other

That the offender imports, sells, or disposes any of those articles or merchandise That the stamps, brands, or marks of those articles or merchandise fail to indicate the actual fineness or quality of said metal or alloy

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Manufacturer of misbranded articles

Estafa Art 315 2(b)

Source: https://warlita.wordpress.com/right_brained/

pahina. 41

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished precious metals or their alloys 188-189 reapeled by RA 8293

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

That the offender knows that the stamps, brands, or marks fail to indicate the actual fines of quality or said metal or alloy Republic Act No. 8293 (An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing for Its Power and Functions, and for Other Purposes) Infringement. – Any person who shall, without the consent of the owner of the registered mark: 155.1. Use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark or the same container or a dominant feature thereof in connection with the sale, offering for sale, distribution, advertising of any goods or services including other preparatory steps necessary to carry out the sale of any goods or services on or in connection with which such use is likely to course confusion, or to cause mistake, or to deceive; or 155.2. Reproduce, counterfeit, copy or colorably imitate a registered mark or a dominant feature thereof and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisement intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive shall be liable in a civil action for infringement by the registrant for the remedies hereinafter set forth: Provided, that the infringement takes place at the moment any of the acts stated in Subsection 155.1 or this subsection are committed regardless of whether there is actual sale of goods or services using the infringing material. Unfair Competition 168.1. Any person who has identified in the mind of the public the goods he manufactures or deals in, his business or services from those of others, whether or not a registered mark is employed, has a property right in the goodwill of the said goods, business or service so identified, which will be protected in the same manner as other property rights. 168.2. Any person who shall employ deception or any other means contrary to good faith by which he shall pass off the goods manufactured by him or in which he deals, or his business, or services for those of the one having established such goodwill, or who shall commit any acts calculated to produce said result, shall be guilty of unfair competition, and shall be subject to an action therefor.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 42

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

168.3. In particular, and without in any way limiting the scope of protection against unfair competition, the following shall be deemed guilty of unfair competition: (a) Any person, who is selling his goods and gives them the general appearance of goods of another manufacturer or dealer, either as to the goods themselves or in the wrapping of the packages in which they are contained, or the devices or words thereon, on in any other feature or their appearance, which would be likely to influence purchasers to believe that the goods offered are those of a manufacturer or dealer, other than the actual manufacturer or dealer, or who otherwise clothes the goods with such appearance as shall deceive the public and defraud another of his legitimate trade, or any subsequent vendor of such goods or any agent of any vendor engaged in selling such goods with a like purpose; or (b) Any person who by any artifice, or device, or who employs any other means calculated to induce the false belief that such person is offering the services of another who ahs identified such services in the mind of the public; or (c) Any person who shall make any false statement in the course of trade or who shall commit any other act contrary to good faith of a nature calculated to discredit the goods, business or services of another. 168.4. The remedies provided by Section 156, 157 and 161 shall apply mutatis mutandis. Section 169. False Designation or Origin; False Description or Representation. 169.1. Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which: (a) Is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person; or (b) In commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services or commercial activities, shall be liable to a civil action for damages and injunction provided in Section 156 and 157 of this Act by any person who believes that he or she is or likely to be damaged by such act. OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 43

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished RA No. 455

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Law on Smuggling "Sec. 2702. Unlawful importation of merchandise. — 1) Any person who shall fraudulently or knowingly import or bring into the Philippines, or assist in so doing, any merchandise, contrary to law, or shall receive, conceal, buy, sell, or in any manner facilitate the transportation, concealment, or sale of such merchandise after importation, 2) knowing the same to have been imported contrary to law, shall be punished by a fine of not less than six hundred pesos but not more than five thousand pesos and by imprisonment for not less than three months nor more than two years and, if the offender is an alien, he may be subject to deportation. Title Five Crimes Relate to Opium and Other Prohibited Drugs Republic Act 9165 Comprehensive Dangerous Drugs Act of 2002 (check SBC Law Memory Aid)

Unlawful Acts and Penalties: Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Section 6. Maintenance of a Den, Dive or Resort. Section 7. Employees and Visitors of a Den, Dive or Resort. Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. ARTICLE II: Unlawful Acts and Penalties Section 11. Possession of Dangerous Drugs Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs. Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings. Section 15. Use of Dangerous Drugs. Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 44

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals Section 18. Unnecessary Prescription of Dangerous Drugs. Section 19. Unlawful Prescription of Dangerous Drugs. Section 23. Plea-Bargaining Provision. – Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining. Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs. – Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable. Section 26. Attempt or Conspiracy. – Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act: (a) Importation of any dangerous drug and/or controlled precursor and essential chemical; (b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical; (c) Maintenance of a den, dive or resort where any dangerous drug is used in any form; (d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and (e) Cultivation or culture of plants which are sources of dangerous drugs. Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed. – The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute perpetual disqualification from any public office, shall be imposed upon any public officer or employee who misappropriates, misapplies or fails to account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 45

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts as provided for in this Act. Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as prescribed in this Act, or have received any financial or material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drugs as prescribed in this Act, shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government, its divisions, subdivisions, and intermediaries, including government-owned or – controlled corporations. Section 28. Criminal Liability of Government Officials and Employees. – The maximum penalties of the unlawful acts provided for in this Act shall be imposed, in addition to absolute perpetual disqualification from any public office, if those found guilty of such unlawful acts are government officials and employees. Section 29. Criminal Liability for Planting of Evidence. – Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and purity, shall suffer the penalty of death. Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities. – In case any violation of this Act is committed by a partnership, corporation, association or any juridical entity, the partner, president, director, manager, trustee, estate administrator, or officer who consents to or knowingly tolerates such violation shall be held criminally liable as a co-principal. The penalty provided for the offense under this Act shall be imposed upon the partner, president, director, manager, trustee, estate administrator, or officer who knowingly authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment or other instrument is owned by or under the control or supervision of the partnership, corporation, association or juridical entity to which they are affiliated. Section 31. Additional Penalty if Offender is an Alien. – In addition to the penalties prescribed in the unlawful act committed, any alien who violates such provisions of this Act shall, after service of sentence, be deported immediately without further proceedings, unless the penalty is death. Section 32. Liability to a Person Violating Any Regulation Issued by the Board. – The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person found violating any regulation duly issued by the Board pursuant to this Act, in addition to the administrative sanctions imposed by the Board. Section 33. Immunity from Prosecution and Punishment. – Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 46

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against such persons as described above, shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given, and may plead or prove the giving of such information and testimony in bar of such prosecution: Provided, That the following conditions concur: (1) The information and testimony are necessary for the conviction of the persons described above; (2) Such information and testimony are not yet in the possession of the State; (3) Such information and testimony can be corroborated on its material points; (4) the informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness; and (5) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given: Provided, finally, That there is no direct evidence available for the State except for the information and testimony of the said informant or witness. Section 34. Termination of the Grant of Immunity. – The immunity granted to the informant or witness, as prescribed in Section 33 of this Act, shall not attach should it turn out subsequently that the information and/or testimony is false, malicious or made only for the purpose of harassing, molesting or in any way prejudicing the persons described in the preceding Section against whom such information or testimony is directed against. In such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits previously accorded him under this Act or any other law, decree or order shall be deemed terminated. In case an informant or witness under this Act fails or refuses to testify without just cause, and when lawfully obliged to do so, or should he/she violate any condition accompanying such immunity as provided above, his/her immunity shall be removed and he/she shall likewise be subject to contempt and/or criminal prosecution, as the case may be, and the enjoyment of all rights and benefits previously accorded him under this Act or in any other law, decree or order shall be deemed terminated. OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 47

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

In case the informant or witness referred to under this Act falls under the applicability of this Section hereof, such individual cannot avail of the provisions under Article VIII of this Act. Section 35. Accessory Penalties. – A person convicted under this Act shall be disqualified to exercise his/her civil rights such as but not limited to, the rights of parental authority or guardianship, either as to the person or property of any ward, the rights to dispose of such property by any act or any conveyance inter vivos, and political rights such as but not limited to, the right to vote and be voted for. Such rights shall also be suspended during the pendency of an appeal from such conviction. Title Six Crimes Against Public Morals Chapter One Gambling and Betting PRESIDENTIAL DECREE No. 1602 PRESCRIBING STIFFER PENALTIES ON ILLEGAL GAMBLING (check SBC Law Memory Aid)

Section 1. Penalties. The following penalties are hereby imposed: (a) The penalty of prison correccional in its medium period of a fine ranging from one thousand to six thousand pesos, and in case of recidivism, the penalty of prision mayor in its medium period or a fine ranging from five thousand to ten thousand pesos shall be imposed upon: 1. Any person other than those referred to in the succeeding sub-sections who in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pangguingue and other card games; paik que, high and low, mahjong, domino and other games using plastic tiles and the likes; slot machines, roulette, pinball and other mechanical contraptions and devices; dog racing, boat racing, car racing and other forms of races, basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to include game fixing, point shaving and other machinations; banking or percentage game, or any other game scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or representative of value are at stake or made; 2. Any person who shall knowingly permit any form of gambling referred to in the preceding subparagraph to be carried on in inhabited or uninhabited place or in any building, vessel or other means of transportation owned or controlled by him. If the place where gambling is carried on has a reputation of a gambling place or that prohibited gambling is OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 48

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

frequently carried on therein, or the place is a public or government building or barangay hall, the malfactor shall be punished by prision correccional in its maximum period and a fine of six thousand pesos. (b) The penalty of prision correccional in its maximum period or a fine of six thousand pesos shall be imposed upon the maintainer or conductor of the above gambling schemes. (c) The penalty of prision mayor in its medium period with temporary absolute disqualification or a fine of six thousand pesos shall be imposed if the maintainer, conductor or banker of said gambling schemes is a government official, or where such government official is the player, promoter, referee, umpire, judge or coach in case of game fixing, point shaving and machination. (d) The penalty of prision correccional in its medium period or a fine ranging from four hundred to two thousand pesos shall be imposed upon any person who shall, knowingly and without lawful purpose in any hour of any day, possess any lottery list, paper or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and numbers which have taken place or about to take place. (e) The penalty of temporary absolute disqualifications shall be imposed upon any barangay official who, with knowledge of the existence of a gambling house or place in his jurisdiction fails to abate the same or take action in connection therewith. (f) The penalty of prision correccional in its maximum period or a fine ranging from five hundred pesos to two thousand pesos shall be imposed upon any security officer, security guard, watchman, private or house detective of hotels, villages, buildings, enclosures and the like which have the reputation of a gambling place or where gambling activities are being held. Section 2. Informer's reward. Any person who shall disclose information that will lead to the arrest and final conviction of the malfactor shall be rewarded twenty percent of the cash money or articles of value confiscated or forfeited in favor of the government. PRESIDENTIAL DECREE No. 483 PENALIZING BETTING, GAME-FIXING OR POINT SHAVING AND MACHINATIONS IN SPORTS CONTESTS (check SBC Law Memory Aid)

Section 1. Definitions. For purposes of this Decree, the following terms shall mean and be understood to be as hereunder indicated: a. Betting money or any object or article of value or representative of value upon the result of any game, races and other sports contest. b. Game-fixing any arrangement, combination, scheme or agreement by which the result of any game, races or sports contests shall be predicted and/or known other than on the basis of the honest playing skill or ability of the players or participants. c. Point-shaving any such arrangement, combination, scheme or agreement by which the skill or ability of any player or participant in a game, races or sports contests to make points or scores shall be limited deliberately in order to influence the result thereof in favor of one or other team, player or participant therein. OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 49

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

d. Game-machinations 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 sport contest. Section 2. Betting, game-fixing, point-shaving or game machination unlawful. Game-fixing, point-shaving, machination, as defined in the preceding section, in connection with the games of basketball, volleyball, softball, baseball; chess, boxing bouts, "jai-alai", "sipa", "pelota" and all other sports contests, games or races; as well as betting therein except as may be authorized by law, is hereby declared unlawful. Section 3. Penalty. Any violation of this Decree, or of the rules and regulations promulgated in accordance herewith, shall be punished in the manner following: a. When the offender is an official, such as promoter, referee, umpire, judge, or coach in the game, race or sports contests, or the manager or sponsor of any participating team, individual or player therein, or participants or players in such games, races or other sports contests, he shall, upon conviction, be punished by prision correccional in its maximum period and a fine of 2,000 pesos with subsidiary imprisonment in case of insolvency, at the discretion of the court. This penalty shall also be imposed when the offenders compose a syndicate of five or more persons. b. In case of any offender, he shall, upon conviction, be punished by prision correccional in its medium period and a fine of 1,000 pesos with subsidiary imprisonment in case of insolvency at the discretion of the court. c. When the offender is an official or employee of any government office or agency concerned with the enforcement or administration of laws and regulations on sports the penalty provided for in the preceding Section 3 a small be imposed. In addition, he shall be disqualified from holding any public office or employment for life. If he is an alien, he may be deported. Section 4. Clearance for arrest, detention or prosecution. No person who voluntarily discloses or denounces to the President of the Philippine Amateur Athletic Federation or to the National Sports Associations concerned and/or to any law enforcement/police authority any of the acts penalized by this Decree shall be arrested, detained and/or prosecuted except upon prior written clearance from the President of the Philippines and/or of the Secretary of National Defense. PRESIDENTIAL DECREE No. 449 COCKFIGHTING LAW OF 1974 (check SBC Law Memory Aid)

Section 4. Definition of Terms. As used in this law, the following terms shall be understood, applied and construed as follows: (a) Cockfighting shall embrace and mean the commonly known game or term "cockfighting derby, pintakasi or tupada", or its equivalent terms in different Philippine localities. (b) Zoning Law or Ordinance Either both national or local city or municipal legislation which logically arranges, prescribes, defines and apportions a given political subdivision into specific land uses as present and future projection of needs warrant. OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 50

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

(c) Bet Taker of Promoter A person who calls and takes care of bets from owners of both gamecocks and those of other bettors before he orders commencement of the cockfight and thereafter distributes won bets to the winners after deducting a certain commission. (d) Gaffer (Taga Tari) A person knowledgeable in the art of arming fighting cocks with gaff or gaffs on either or both legs. (e) Referee (Sentenciador) A person who watches and oversees the proper gaffing of fighting cocks, determines the physical condition of fighting cocks while cockfighting is in progress, the injuries sustained by the cocks and their capability to continue fighting and decides and make known his decision by work or gestures and result of the cockfight by announcing the winner or declaring a tie or no contest game. (f) Bettor A person who participates in cockfights and with the use of money or other things of value, bets with other bettors or through the bet taker or promoter and wins or loses his bet depending upon the result of the cockfight as announced by the Referee or Sentenciador. He may be the owner of fighting cock. Section 5. Cockpits and Cockfighting: In General: (a) Ownership, Operation and Management of Cockpits. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own, manage and operate cockpits. Cooperative capitalization is encouraged. (b) Establishment of Cockpits. Only one cockpit shall be allowed in each city or municipality, except that in cities or municipalities with a population of over one hundred thousand, two cockpits may be established, maintained and operated. (c) Cockpits Site and Construction. Cockpits shall be constructed and operated within the appropriate areas as prescribed in Zoning Law or Ordinance. In the absence of such law or ordinance, the local executives shall see to it that no cockpits are constructed within or near existing residential or commercial areas, hospitals, school buildings, churches or other public buildings. Owners, lessees, or operators of cockpits which are now in existence and do not conform to this requirement are given three years from the date of effectivity of this Decree to comply herewith. Approval or issuance of building permits for the construction of cockpits shall be made by the city or provincial engineer in accordance with their respective building codes, ordinances or engineering laws and practices. (d) Holding of Cockfights. Except as provided in this Decree, cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays and during local fiestas for not more than three days. It may also be held during provincial, city or municipal, agricultural, commercial or industrial fair, carnival or exposition for a similar period of three 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: Provided, that, no cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the month of a local fiesta or for more than two occasions a year in the same city or municipality: Provided, further, that no cockfighting shall be held on December 30 (Rizal Day), June 12 (Philippine Independence Day) November 30 (National Heroes Day), Holy Thursday, Good Friday, Election or Referendum Day and during Registration Days for such election or referendum. (e) Cockfighting for Entertainment of Tourists or for Charitable Purposes. Subject to the preceding subsection hereof, the Chief Constabulary or his authorized representative may also allow the holding of cockfighting for the entertainment of foreign dignitaries or for tourists, or for returning Filipinos, commonly known as "Balikbayan", 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: Provided, that this privilege shall be extended for only one time, for a period not exceeding three days, within a year to a province, city, or municipality. OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 51

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

(f) Other games during cockfights prescribed. No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during cockfights. The owner, manager or lessee off such cockpit and the violators of this injunction shall be criminally liable under Section 8 hereof. Section 6. Licensing of Cockpits. City and municipal mayors are authorized to issue licenses for the operation and maintenance of cockpits subject to the approval of the Chief of Constabulary or his authorized representatives. For this purpose, ordinances may be promulgated for the imposition and collection of taxes and fees not exceeding the rates fixed under Section 13, paragraphs (a) and (b); and 19; paragraph (g) 16 of Presidential Decree No. 231, dated June 28, 1973, otherwise known as the Local Tax Code, as amended. Section 7. Cockfighting Officials. Gaffers, referees or bet takers or promoters shall not act as such in any cockfight herein authorized, without first securing a license renewable every year on their birthmonth from the city or municipality where such cockfighting is held. Cities and municipalities may charge a tax of not more than twenty pesos. Only licensed gaffers, referees, bet takers or promoters shall officiate in all kinds of cockfighting authorized in this Decree. Section 8. Penal Provisions. Any violation of the provisions of this Decree and of the rules and regulations promulgated by the Chief of Constabulary pursuant thereto shall be punished as follows: a. By prision correccional in its maximum period and a fine of two thousand pesos, with subsidiary imprisonment in case of insolvency, when the offender is the financer, owner, manger or operator of cockpit, or the gaffer, referee or bet taker in cockfights; or the offender is guilty of allowing, promoting or participating in any other kind of gambling in the premises of cockfights during cockfights. b. By prision correccional or a fine of not less than six hundred pesos nor more than two thousand pesos or both, such imprisonment and fine at the discretion of the court, with subsidiary imprisonment in case of insolvency, in case of any other offender. Chapter Two Offenses Against Decency and Good Customs 200: Grave Scandal

That offender performs an act/s That such act/s be highly scandalous as offending against decency or good customs That the highly scandalous conduct is not expressly falling within any Art in the ROC That the act/s complained of be committed in a public Committed in a private place place or within the public knowledge or view

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Still 200 provided within the public knowledge of Source: https://warlita.wordpress.com/right_brained/

pahina. 52

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

view 201: Immoral doctrines, obsence publications and exhibitions and indecent shows

202: vagrants and

Acts punished 1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals; 2. a. The authors of obscene literature, published with their knowledge in any form, the editors publishing such literature; and the owners/operators of the establishment selling the same;

Mere possession

No crime

If printer’s name is NOT divulged

Art 200 and Illegal publication

b. Those who, in theaters, fairs, cinematographs, or any other place, exhibit indecent or immoral plays, scenes, acts, or shows, it being understood that the obscene literature or indecent or immoral plays, scenes, acts or shows, whether live or in film, which are proscribed by virtue hereof, shall include those which: (1) glorify criminals or condone crimes; (2) serve no other purpose but to satisfy the market for violence, lust or pornography; (3) offend any race, or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts; and

Casual or occasional act of giving

Not crime

Mere nudity in pictures or paintings

No crimes

Employs a child.

RA 7619 Section 9

3. Those who shall sell, give away, or exhibit films, prints, engravings, sculptures, or literature which are offensive to morals. REPUBLIC ACT NO. 10158:

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 53

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

prostitutes

AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR THIS PURPOSE ARTICLE 202 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

RA No. 9208

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER:

Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following acts: (a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage; (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation; (e) To maintain or hire a person to engage in prostitution or pornography; (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and (h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad. Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons, shall be unlawful: (a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons; (b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons; OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 54

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons; (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons; (e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons; (f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and (g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery. Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking: (a) When the trafficked person is a child; (b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group; (d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee; (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; (f) When the offender is a member of the military or law enforcement agencies; and (g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS). Title Seven Crimes Committed by Public Officers OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 55

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Chapter One Preliminary Provisions 203: Who are Public Officers

Taking part in the performance of public functions in the govt or performing in said govt or in any of its branches public duties as employee, agent, or subordinate official, of any rank or class That his authority to take part in the performance of public functions or to performs public duties must be: a) by direct provision of law b) by popular election c) by appointment by competent authority

Temporary performance of public functions by a laborer

Public officer

Chapter Two Malfeasance and Misfeasance in Office Section One: Dereliction of Duty 204: knowingly redering unjust judgment

205: Judgment rendered through negligence

Offender is a judge

Judge of a collegiate court

He renders a judgment in a case submitted to him for decision That the judgment is unjust ( there must be SC decision) That the judge knows that his judgment is unjust Mere error in good faith Offender is a judge He renders a judgment in a case submitted to him for decision That the judgment is manifestly unjust ( no need SC decision) That it is due to his inexcusable negligence or Abuse of discretion or mere

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Art 204 has no application

No crime

No crime Source: https://warlita.wordpress.com/right_brained/

pahina. 56

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished 206: Unjust interlocutory order

207: Malicious delay in the administration of justice

208: Prosecution of offenses; negligence and tolerance

ignorance Offender is a judge He performs any of the following acts: a) knowingly renders unjust interlocutory order or decree b) renders a manifestly unjust interlocutory order or decree through in excusable negligence or ignorance Offender is a judge There is a proceeding in court He delays the administration of justice The delay is malicious, that is, the delay is caused by the judge with the deliberate intent to inflict damage on either party in the case Offender is a public officer or officer of the law who has a duty to cause the prosecution of or to prosecute offenses That knowing the commission of the crime, a) he does not cause the prosecution of the criminal or b) knowing that a crime is about to be committed he tolerates its commission

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

error

Without malice

No crime

Without malice BUT with gross negligence

RA 2019 Sec 3(e)

Officer who has custody of Dereliction of duty accused and assists in escape ( act of accessory) Person who solicits, accepts, or agrees to accept any benefit in consideration of abstaining from, discounting or impeding the prosecution

PD 1829. Obstruction of justice

That offender act with malice and deliberate intent to favor the violator of law 209: betrayal of trust by an attorney or

Act punished:

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 57

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished solicitor revelation of secrets

Modified ELEMENTS

Crime TWO

If not damage caused

Administratively or civilly liable

2. revealing any secret of his client learned by him in his professional capacity

No damage

Still Art 209 2nd mode

3. undertaking the defense of the opposing party in the same case without the consent of his first client after having undertaken the defense of said first client or after having received confidential information from said client

With client’s consent

No crime

1. causing damage to his client, either: a) by any malicious breach of professional duty OR b) inexcusable negligence or ignorance

With OTHER Crimes

Circumstances I- inherent A- aggravating

Section Two: Bribery 210: Direct bribery

Offender is a public officer That the offender accepts an offer or promise or receives a gift or preent by himelf or through another Such offer/ promise be accepted or gift or present received by the public officer a) with a view to committing some crime

Mere agreement Agreed and committed the crime

Consummated DB 1st mode Consummated DB 1st mode + crime committed

b) in consideration of the execution of an act which does not constitute a crime, but the act must be unjust

acceptance If not accepted

Consummated DB 2nd mode Person who offered shall be liable attempted corruption of pub off

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 58

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

211: Indirect Bribery

c) to refrain from doing something which it is his official duty to do That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties. Offender is a public officer He accepts gift That said gifts are offered to him by reason of his office

Modified ELEMENTS

Crime TWO

Mere agreement Amounts to crime by omission

Consummated DB 3rd mode Consummated DB 1st mode

Acceptance

Consummated IB

With OTHER Crimes

Circumstances I- inherent A- aggravating

Sort of agreement IB Agreement DB No agreement IB MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND EMPLOYEES TO RECEIVE, AND FOR PRIVATE PERSONS TO GIVE, GIFTS ON ANY OCCASION, INCLUDING CHRISTMAS

PD 46

211-A: Qualified bribery

212: Corruption of Public Officials

make it punishable for any public official or employee, whether of the national or local governments, to receive, directly or indirectly, and for private persons to give, or offer to give, any gift, present or other valuable thing to any occasion, including Christmas, when such gift, present or other valuable thing is given by reason of his official position, regardless of whether or not the same is for past favor or favors or the giver hopes or expects to receive a favor or better treatment in the future from the public official or employee concerned in the discharge of his official functions. Included within the prohibition is the throwing of parties or entertainments in honor of the official or employees or his immediate relatives That the offender is a public officer entrusted with law enforcement Offender refrains from arresting or prosecuting an Offender who has committed Art 208 Prosecution of offender who has committed a crime punishable by less than reclusion perpetua offenses; negligence and reclusion perpetua to death tolerance AND DB That offender refrains from arresting or prosecuting the offender in consideration of any promise, gift, or present. That the offender makes offers or promises or give gifts or presents to a public officer

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 59

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished That the offers or promises are made or the gifts or presents given to a public officer, under the circumstances that will make the public officer liable for direct/ indirect bribery

PD 749

Crime TWO

Officer accepts

Attempted

Officers rejects

Attempted

PD 749 (informant)

Immune from prosecution

False

Art 212

With OTHER Crimes

Circumstances I- inherent A- aggravating

Presidential Decree No. 749 (ORTEGA notes) The decree grants immunity from prosecution to a private person or public officer who shall voluntarily give information and testify in a case of bribery or in a case involving a violation of the Anti-graft and Corrupt Practices Act. It provides immunity to the bribe-giver provided he does two things: (1) (2)

He voluntarily discloses the transaction he had with the public officer constituting direct or indirect bribery, or any other corrupt transaction; He must willingly testify against the public officer involved in the case to be filed against the latter.

Before the bribe-giver may be dropped from the information, he has to be charged first with the receiver. Before trial, prosecutor may move for dropping bribe-giver from information and be granted immunity. But first, five conditions have to be met: (1) (2) (3) (4) (5)

Information must refer to consummated bribery; Information is necessary for the proper conviction of the public officer involved; That the information or testimony to be given is not yet in the possession of the government or known to the government; That the information can be corroborated in its material points; That the information has not been convicted previously for any crime involving moral turpitude.

These conditions are analogous to the conditions under the State Witness Rule under Criminal Procedure. The immunity granted the bribe-giver is limited only to the illegal transaction where the informant gave voluntarily the testimony. If there were other transactions where the informant also participated, he is not immune from prosecution. The immunity in one transaction does not extend to other transactions. OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 60

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

The immunity attaches only if the information given turns out to be true and correct. If the same is false, the public officer may even file criminal and civil actions against the informant for perjury and the immunity under the decree will not protect him. RA 3019 Anti Graft and Corrupt Practices Act (0RTEGA notes) Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) The mere act of a public officer demanding an amount from a taxpayer to whom he is to render public service does not amount to bribery, but will amount to a violation of the Antigraft and Corrupt Practices Act. Illustration: A court secretary received P500 .00 from a litigant to set a motion for an early hearing. This is direct bribery even if the act to be performed is within his official duty so long as he received a consideration therefor. If the secretary persuaded the judge to make a favorable resolution, even if the judge did not do so, this constitutes a violation of Anti-Graft and Corrupt Practices Act, Sub-Section A. Under the Anti-Graft and Corrupt Practices Act, particularly Section 3, there are several acts defined as corrupt practices. Some of them are mere repetitions of the act already penalized under the Revised Penal Code, like prohibited transactions under Article 215 and 216. In such a case, the act or omission remains to be mala in se. But there are acts penalized under the Anti-Graft and Corrupt Practices Act which are not penalized under the Revised Penal Code. Those acts may be considered as mala prohibita. Therefore, good faith is not a defense. Illustration: Section 3 (e) of the Anti-Graft and Corrupt Practices Act – causing undue injury to the government or a private party by giving unwarranted benefit to the party whom does not deserve OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 61

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

the same. In this case, good faith is not a defense because it is in the nature of a malum prohibitum. Criminal intent on the part of the offender is not required. It is enough that he performed the prohibited act voluntarily. Even though the prohibited act may have benefited the government. The crime is still committed because the law is not after the effect of the act as long as the act is prohibited. Section 3 (g) of the Anti-Graft and Corrupt Practices Act – where a public officer entered into a contract for the government which is manifestly disadvantageous to the government even if he did not profit from the transaction, a violation of the Anti-Graft and Corrupt Practices Act is committed. If a public officer, with his office and a private enterprise had a transaction and he allows a relative or member of his family to accept employment in that enterprise, good faith is not a defense because it is a malum prohibitum. It is enough that that the act was performed. Where the public officer is a member of the board, panel or group who is to act on an application of a contract and the act involved one of discretion, any public officer who is a member of that board, panel or group, even though he voted against the approval of the application, as long as he has an interest in that business enterprise whose application is pending before that board, panel or group, the public officer concerned shall be liable for violation of the Anti-Graft and Corrupt Practices Act. His only course of action to avoid prosecution under the Anti-graft and Corrupt Practices Act is to sell his interest in the enterprise which has filed an application before that board, panel or group where he is a member. Or otherwise, he should resign from his public position. Illustration: Sen. Dominador Aytono had an interest in the Iligan Steel Mills, which at that time was being subject of an investigation by the Senate Committee of which he was a chairman. He was threatened with prosecution under Republic Act No. 3019 so he was compelled to sell all his interest in that steel mill; there is no defense. Because the law says so, even if he voted against it, he commits a violation thereof. These cases are filed with the Ombudsman and not with the regular prosecutor’s office. Jurisdiction is exclusively with the Sandiganbayan. The accused public officer must be suspended when the case is already filed with the Sandiganbayan. Under the Anti-Graft and Corrupt Practices Act, the public officer who is accused should not be automatically suspended upon the filing of the information in court. It is the court which will order the suspension of the public officer and not the superior of that public officer. As long as the court has not ordered the suspension of the public officer involved, the superior of that public officer is not authorized to order the suspension simply because of the violation of the Anti-Graft and Corrupt Practices Act. The court will not order the suspension of the public OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 62

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

officer without first passing upon the validity of the information filed in court. Without a hearing, the suspension would be null and void for being violative of due process. Illustration: A public officer was assigned to direct traffic in a very busy corner. While there, he caught a thief in the act of lifting the wallet of a pedestrian. As he could not leave his post, he summoned a civilian to deliver the thief to the precinct. The civilian agreed so he left with the thief. When they were beyond the view of the policeman, the civilian allowed the thief to go home. What would be the liability of the public officer? The liability of the traffic policeman would be merely administrative. The civilian has no liability at all. Firstly, the offender is not yet a prisoner so there is no accountability yet. The term “prisoner” refers to one who is already booked and incarcerated no matter how short the time may be. The policeman could not be said as having assisted the escape of the offender because as the problem says, he is assigned to direct traffic in a busy corner street. So he cannot be considered as falling under the third 3rd paragraph of Article 19 that would constitute his as an accessory. The same is true with the civilian because the crime committed by the offender, which is snatching or a kind of robbery or theft as the case may be, is not one of those crimes mentioned under the third paragraph of Article 19 of the Revised Penal Code. Where the public officer is still incumbent, the prosecution shall be with the Ombudsman. Where the respondent is separated from service and the period has not yet prescribed, the information shall be filed in any prosecution’s office in the city where the respondent resides. The prosecution shall file the case in the Regional Trial Court unless the violation carries a penalty higher than prision correccional, in which case the Sandiganbayan has jurisdiction. The fact that the government benefited out of the prohibited act is no defense at all, the violation being mala prohibita. Section 3 (f) of the Anti-Graft and Corrupt Practices Act – where the public officer neglects or refuses to act on a matter pending before him for the purpose of obtaining any pecuniary or material benefit or advantage in favor of or discriminating against another interested party. The law itself additionally requires that the accused’s dereliction, besides being without justification, must be for the purpose of obtaining from any person interested in the matter some pecuniary or material benefit or for the purpose of favoring any interested party, or discriminating against another interested party. This element is indispensable. OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 63

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

In other words, the neglect or refusal to act must motivated by gain or benefit, or purposely to favor the other interested party as held in Coronado v. SB, decided on August 18, 1993. RA 7080 Anti- Plunder Act (ORTEGA notes) Plunder is a crime defined and penalized under Republic Act No. 7080, which became effective in 1991. This crime somehow modified certain crimes in the Revised Penal Code insofar as the overt acts by which a public officer amasses, acquires, or accumulates ill-gotten wealth are felonies under the Revised Penal Code like bribery (Articles 210, 211, 211-A), fraud against the public treasury [Article 213], other frauds (Article 214), malversation (Article 217), when the ill-gotten wealth amounts to a total value of P50,000,000.00. The amount was reduced from P75,000,000.00 by Republic Act No. 7659 and the penalty was changed from life imprisonment to reclusion perpetua to death. Short of the amount, plunder does not arise. Any amount less than P50,000,000.00 is a violation of the Revised Penal Code or the Anti-Graft and Corrupt Practices Act. Under the law on plunder, the prescriptive period is 20 years commencing from the time of the last overt act. Plunder is committed through a combination or series of overt acts: (1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; (2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project by reason of the office or position of the public officer; (3) By illegal or fraudulent conveyance or disposition of asset belonging to the national government or any of its subdivisions, agencies or instrumentalities or government-owned or controlled corporations and their subsidiaries; (4) By obtaining, receiving, or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including the promise of future employment in any business or undertaking; (5) By establishing agricultural, industrial, or commercial monopolies or other combinations and/or implementations of decrees and orders intended to benefit particular persons or special interests; or (6) By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people, and the Republic of the Philippines. While the crime appears to be malum prohibitum, Republic Act No. 7080 provides that “in the imposition of penalties, the degree of participation and the attendance of mitigating and OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 64

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

aggravating circumstances shall be considered by the court”. Chapter Three Frauds and Illegal Exactions and Transactions 213: Frauds against the treasury and similar offenses.

Acts punished 1. Frauds against the govt Elements of frauds against paragraph 1

Mere agreement public treasury under Gov’t not actually defrauded

Consummated Art 213 a Consummated Art 213 a

a) Offender is a public officer; b) He has taken advantage of his office, that is, he intervened in the transaction in his official capacity; c) He entered into an agreement with any interested party or speculator or made use of any other scheme with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds; d) He had intent to defraud the government.

2. Illegal Exaction 3. Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, in the collection of taxes, licenses, fees, and other imposts; OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Mere demand

Consummated Art 213 b

Deceit was used in demand

Estafa

Tax collector who collected sum larger and used the same

Illegal exaction and malversation Source: https://warlita.wordpress.com/right_brained/

pahina. 65

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished 4. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law, in the collection of taxes, licenses, fees, and other imposts.

Modified ELEMENTS Employee of BIR

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

NIRC and Admin Code applies

Elements of illegal exactions under paragraph 2-4 a. Offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts; b. He is guilty of any of the following acts or omissions: b.1. Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law; or b.2. Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially; or b.3. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law. 214: Other frauds

215: Prohibited Transactions

Offender is a public officer He takes advantage of his official position He commits any of the frauds or deceits enumerated in Art 315-318 Offender is an appointive public officer He becomes interested, directly or indirectly, in any transaction of exchange or speculation That the transaction takes place within the territory

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

NOT A CRIME BUT A SPECIAL AGGRAVATING CIRCUMSTANCE

Source: https://warlita.wordpress.com/right_brained/

pahina. 66

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

216: Possession of prohibited interest by a public officer

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

subject to his jurisdiction That he becomes interested in the transaction during his incumbency Persons liable 1. Public officer who, directly or indirectly, became interested in any contracts or business in which it was his official duty to intervene; 2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the appraisal, distribution or adjudication of which they had acted; 3. Guardians and executors with respect to the property belonging to their wards or the estate. Chapter Four Malversation of Public Funds or Property

217: Malversation of Public Funds or Property

Acts punished

Not demand from govt

Still 217

1. Appropriating public funds or property;

No damage to govt

Still 217

AKA embezzlement

2. Taking or misappropriating the same;

Return of funds malversed is only MC not EC.

3. Consenting, or through abandonment or negligence, permitting any other person to take such public funds or property; and 4. Being otherwise guilty of the misappropriation or malversation of such funds or property. Elements common to all acts of malversation under OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 67

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Article 217 1. Offender is a public officer; 2. He had the custody or control of funds or property by reason of the duties of his office; 3. Those funds or property were public funds or property for which he was accountable; 4. He appropriated, took, misappropriated or consented or, through abandonment or negligence, permitted another person to take them. 218: Failure of Offender is a public officer, whether in the service of Accountable officer to separated render accounts He must be an accountable officer for public funds or property He is required by law or regulation to render accounts to the CoA or to provincial auditor Fails to do so for a period of two mos after such accounts should be rendered 219: Failure of Offender is a public officer responsible Public That he must be an accountable officer for public officer to render funds or property accounts before He must have unlawfully left Ph without securing from leaving the country the CoA a certificate showing that his accounts have been finally settled 220: illegal use of Offender is a public officer public funds or That there is a public property under his OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

No demand to render account made by govt Misappropriates

Still 218

At the point of leaving

Still 219

Art 217 Malversation

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pahina. 68

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished property AKA Technical Malversation

221: Failure to make delivery of public funds or property

222: Officers included in the preceding provisions

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

administration That there is a public fund or property has been appropriated by law of ordinance for a particular purpose That he applies the same to a public use other than that for which such fund or property has been appropriated by law or ordinance Acts punished 1. Failing to make payment by a public officer who is under obligation to make such payment from government funds in his possession; Elements of failure to make payment 1. Public officer has government funds in his possession; 2. He is under obligation to make payment from such funds; 3. He fails to make the payment maliciously. 2. Refusing to make delivery by a public officer who has been ordered by competent authority to deliver any property in his custody or under his administration. 1. private individuals who, in any capacity whatsoever, have charge of any national, provincial, or municipal funds, revenue, or property 2. administrator or depository of funds or property attached, seized, or deposited by public authority even if such property belongs to a private individual Chapter Five Infidelity of Public Prisoners

223: Conniving with

That the offender is a public officer

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 69

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished or consenting to evasion

224: Evasion through negligence

225: escape of prisoner under the custody of a person NOT a public officer

That he has in his custody of charge, a prisoner either detention prisoner or prisoner by final judgment That such prisoner escaped from his custody That he was in connivance with the prisoner in the latter’s escape. Offender is a public officer That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment That such prisoner escapes through his negligence.

Offender is a private person That the conveyance or custody of a prisoner or person under arrest is confided to him That the prisoner/ person under arrest escapes That the offender consents to the escape of the escapee ot the escape takes place through his negligence.

Modified ELEMENTS

Escaped due to leniency or laxity

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Not infidelity but Art 224 Liability of escaping prisoner: a) if serving sentence by final judgment: Art 157 b) detention prisoner: none

Guard falls asleep on duty

224

Not confided. But priv indvl himself made the arrest

No crime

Not excused by recapturing the escapee

Section Two: Infidelity in the Custody of Documents 226: Removal, Concealment or Destruction of Documents

Offender is a public officer

That he removes conceals or destroys documents or OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Private individual- with damage cause

Estafa

Private individual- without damage caused Merely done to alarm the

Malicious mischief Atil Art 226 Source: https://warlita.wordpress.com/right_brained/

pahina. 70

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished papers for illicit purpose ( tamper, profit, breach of trust of public officer)

227: Officer breaking seal

228: Opening Closed documents

That the said documents or papers should have been entrusted to such public interest should have been caused That the damage, won serious, to a third party or to the public interest should have been caused Offender is a public officer That he is charhed with the custody of papers or property That these papers or property are sealed by proper authority and He breaks the seals or permits them to be broken Offender is a public officer That any closed paper, documents, or objects are entrusted in his custody by reason of his office That he opens or permits to be opened said closed paper, documents, or objects That he does not have the proper authority

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

public or in the alienation of its confidence in any branch of the govt services

No damage/ intent

Still Art 227

If no damage of intent

Still Art 228

If in opening closed items, the public officer broke the seal

Art 227.

Section Three: Revelation of Secrets 229: revelation of secrets by an officer

Acts punished: First: Revealing any secrets known to the offending public officer by reason of his official capacity; Elements 1. Offender is a public officer; 2. He knows of a secret by reason of his official

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 71

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished capacity; 3. He reveals such secret without authority or justifiable reasons; 4. Damage, great or small, is caused to the public interest. Second: Delivering wrongfully papers or copies of papers of which he may have charge and which should not be published.

230: Public Officer revealing secrets of private individual

Elements 1. Offender is a public officer; 2. He has charge of papers; 3. Those papers should not be published; 4. He delivers those papers or copies thereof to a third person; 5. The delivery is wrongful; 6. Damage is caused to public interest. Offender is public officer

Modified ELEMENTS

Crime TWO

There is no damage

RA 3019 Sec 3(k)

Public officer is merely entrusted

Not Art 229

Lawyer

Art 209

With OTHER Crimes

Circumstances I- inherent A- aggravating

Private individual Art 290 or Art 291 That he knows of the secrets of a private individual by reason of his office That he reveals such secrets without authority or justifiable reason

Reveals to ne person

Art 230 consummated

Chapter Six Other Offenses or Irregularities by Public Officers Section One: Disobedience, Refusal or Assistance and Maltreatment of Prisoners OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 72

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished 231: Open Disobedience

232: Disobedience to order of superior officer when said order was suspended by inferior officer

233: Refusal of assistance

234: Refusal to discharge

That the offender is a judicial or executive officer That there is a judgment, decision, or order of a superior authority That such judgment, decision, or order was made within the scope of the jurisdiction of the superior authority and issued with all legal formalities The offender without any legal justification openly refuses to execute said judgment, decision, or order which he is duty bound to obey Offender is a public officer That an order is issued by his superior for execution That he has for any reason suspended the execution of such order That his superior disapproves the suspension of the execution of the order That the offender disobeys his superior despite the disapproval of the suspension Offender is a public Officer That a competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service That the offender maliciously disobeys There must be damage to public interest or to a third party Offender is a public officer elected by popular election to a public office that he refuses to be sworn in ot to discharge the duties of said office That there is no legal motive for such refusal to be

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Modified ELEMENTS

Crime TWO

Order or superior is illegal

Not 232

Private individual

Contempt

With OTHER Crimes

Circumstances I- inherent A- aggravating

Source: https://warlita.wordpress.com/right_brained/

pahina. 73

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished 235: maltreatment of prisoners

RA no. 9745

sworn in or to discharge the duties of said office Offender is a public officer or employee That he has under his charge a prisoner convicted by final judgment or a detention prisoner That he maltreats such prisoner in either of the following manner: a) by overdoing himself in the correction of handling or a prisoner or detention prisoner under his charge either a.1) by the imposition of punishments not authorized by the regulations a.2) by inflicting such punishments ( those authorized) in a cruel and humiliating manner

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

IN ADDITION, physical injuries. Note: there is no complex crime of maltreatment of prisoners with serious or less serious physical injuries

b) by maltreating such prisoner to extort a confession ot to obtain some information from the prisoner Anti Torture Act of 2009 Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following: (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such as: (1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on the stomach; (2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten; (3) Electric shock; (4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on mucous membranes, or acids or spices directly on the wound(s); (5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of suffocation; (6) Being tied or forced to assume fixed and stressful bodily position; (7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals; (8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 74

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

(9) Dental torture or the forced extraction of the teeth; (10) Pulling out of fingernails; (11) Harmful exposure to the elements such as sunlight and extreme cold; (12) The use of plastic bag and other materials placed over the head to the point of asphyxiation; (13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such as: (i) The administration or drugs to induce confession and/or reduce mental competency; or (ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and (14) Other analogous acts of physical torture; and (b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale, such as: (1) Blindfolding; (2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other wrongful acts; (3) Confinement in solitary cells or secret detention places; (4) Prolonged interrogation; (5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner; (6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall be summarily executed; (7) Maltreating a member/s of a person's family; (8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party; (9) Denial of sleep/rest; (10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim's head or putting marks on his/her body against his/her will; (11) Deliberately prohibiting the victim to communicate with any member of his/her family; and (12) Other analogous acts of mental/psychological torture. Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or degrading treatment or punishment refers to a deliberate and aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in authority against another person in custody, which attains a level of severity sufficient to cause suffering, gross humiliation or debasement to the latter. The assessment of the level of severity shall depend on all the circumstances of the case, including the duration of the treatment or punishment, its physical and mental effects and, in some cases, the sex, religion, age and state of health of the victim. OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 75

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, An Absolute Bight. - Torture and other cruel, inhuman and degrading treatment or punishment as criminal acts shall apply to all circumstances. A state of war or a threat of war, internal political instability, or any other public emergency, or a document or any determination comprising an "order of battle" shall not and can never be invoked as a justification for torture and other cruel, inhuman and degrading treatment or punishment. Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or other similar forms of detention, where torture may be carried out with impunity. Are hereby prohibited. In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other law enforcement. agencies concerned shall make an updated list of all detention centers and facilities under their respective jurisdictions with the corresponding data on the prisoners or detainees incarcerated or detained therein such as, among others, names, date of arrest and incarceration, and the crime or offense committed. This list shall be made available to the public at all times, with a copy of the complete list available at the respective national headquarters of the PNP and AFP. A copy of the complete list shall likewise be submitted by the PNP, AFP and all other law enforcement agencies to the Commission on Human Rights (CHR), such list to be periodically updated, by the same agencies, within the first five (5) days of every month at the minimum. Every regional office of the PNP, AFP and other law enforcement agencies shall also maintain a similar list far all detainees and detention facilities within their respective areas, and shall make the same available to the public at all times at their respective regional headquarters, and submit a copy. updated in the same manner provided above, to the respective regional offices of the CHR. Section 13. Who are Criminally Liable. - Any person who actually participated Or induced another in the commission of torture or other cruel, inhuman and degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel, inhuman and degrading treatment or punishment by previous or simultaneous acts shall be liable as principal Any superior military, police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals. The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission, or negligence committed by him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at the time, should have known that acts of torture or other cruel, inhuman and degrading treatment or punishment shall be committed, is being committed, or has been committed by his/her subordinates or by others within his/her area of responsibility and, despite such knowledge, did not take preventive or corrective action either before, during or immediately after its commission, when he/she has the authority to prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or punishment but failed to prevent or investigate allegations of such act, whether deliberately or due to negligence shall also be liable as principals. OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 76

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel, inhuman and degrading treatment or punishment is being committed and without having participated therein, either as principal or accomplice, takes part subsequent to its commission in any of the following manner: (a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other cruel, inhuman and degrading treatment or punishment; (b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment and/or destroying the effects or instruments thereof in order to prevent its discovery; or(c) By harboring, concealing or assisting m the escape of the principal/s in the act of torture or other cruel, inhuman and degrading treatment or punishment: Provided, That the accessory acts are done with the abuse of the official's public functions. Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or shall not be absorbed by any other crime or felony committed as a consequence, or as a means in the conduct or commission thereof. In which case, torture shall be treated as a separate and independent criminal act whose penalties shall be imposable without prejudice to any other criminal liability provided for by domestic and international laws. Section Two: Anticipation, Prolongation and Abandonment of the Duties and Powers of Public Office 236: Anticipation of duties of public office

That the offender is entitled to hold a public office or employment, by election or appointment That the law requires that he should first be sworn in and/or should first five a bond That he assumes the performance of the duties and powers of such office That he has not yet taken his oath of office and/or given the bond required by law 237: Prolonging That the offender is holding a public office performance of duties That the period provided by law, regulation or and powers special provision for holding such office, has already expired That he continues to exercise the duties and powers of such office 238: Abandonment of Offender is a public officer OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 77

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished Office

That he formally resigns from his position. Written or formal resignation That his resignation has not yet been accepted That he abandons his office to the detriment of public service

Modified ELEMENTS

Crime TWO

Purpose is to evade the discharge of the duties preventing, prosecuting or punishing any crimes falling within Title 1 AND Chap 1 Title 3 of Book 2 of RPC

Qualified Abandonment of Office

Does not abandon office but fails to prosecute an offense

Art 208

With OTHER Crimes

Circumstances I- inherent A- aggravating

Section Three: Usurpation of Powers and Unlawful Appointments 239: Usurpation of Legislative Powers

240: Usurpation of executive functions

241: Usurpation of judicial functions

Offender is an executive or judicial officer That he: a) makes general rules or regulations beyond the scope of his authority b) attempts to repeal a law c) suspends the execution thereof Offender is a judge That he: a) assumes a power pertaining to the executive authorities b) obstructs the executive authorities in the lawful exercise of their powers Offender is an officer of the executive banch of the govt That he:

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Legislative officers

No crime

Source: https://warlita.wordpress.com/right_brained/

pahina. 78

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

242: Disobeying requests for disqualification

243: Orders or requests by the executive officers to any judicial authority

244: Unlawful appointments

Modified ELEMENTS

a) assumes judicial powers b) obstructs the execution of any order or decision rendered by any judge within his jurisdiction Offender is a public officer That a proceeding is pending before such public officer That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided That he has been lawfully required to refrain from continuing the proceeding The he continues the proceeding Offender is an executive officer That he addresses any order or suggestion to any judicial authority That the or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice Offender is a public officer That he nominates or appoints a person to a public recommends office That such person lacks the legal qualifications therefore That the offender knows that his nominee or appointee lacks the qualifications at the time he made the nomination or appointment

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

No crime

Section Three: Abuses Against Chastity 245: Abuses against

1.Offender is a public officer;

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

RA 7877 Source: https://warlita.wordpress.com/right_brained/

pahina. 79

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished chastity- penalties

2. He solicits or makes immoral or indecent advances to a woman; 3. Such woman is – a. interested in matters pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior officer; or b. under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest; or c. the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender.

Crime TWO

Mere proposal

Consummated Art 245

mother

Not 245

With OTHER Crimes

Circumstances I- inherent A- aggravating

Anti-Sexual Harassment Act of 1995

Title Eight Crimes Against Persons Section One: Parricide, Murder, Homicide 246: Parricide

A person is killed That the deceased is killed by the accused

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

stranger

Murder/ homicide

Parricide through

Source: https://warlita.wordpress.com/right_brained/

pahina. 80

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished That the deceased is the father, mother, or child whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse, or the accused

247: Death of Physical Injuries inflicted under exceptional circumstances

248: murder

A legally married person or a parent surprises his sps or his daughter, the latter under 18 yo and living with him, in the act of committing sexual intercourse with another person. That hr or she kills ANY or BOTH of them, or inflicts upon any or both of them any serious physical injury, in the act or immediately thereafter That he has not promoted or facilitated the prostitution of his wife of daughter, of that he or she has not consented to the infidelity of the other sps A person was killed; Accused killed him; 3. The killing was attended by any of the following qualifying circumstances – a. With treachery, taking advantage of superior strength, with the aid or armed men, or employing

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Modified ELEMENTS

Crime TWO

Child less than 3 days

Infanticide

Does not know f/ mo/ child/ sps/ etc

Still Art 246

With OTHER Crimes

Circumstances I- inherent A- aggravating

negligence (365) Parricide by mistake (249)

Decased: adopted child Accused: adopter Accused/ deceased: other legit ascendants

Parricide Homicide/ murder

Preparatory acts to sex

Not 247

Causes less serious or slight physical injuries suffered by 3rd persons

No liability

Parricide under exceptional circumstances (247)

Qualifying AC: any from a-f Absent QAC

homicide

Where there are more than one qualifiying circumstances, only

Source: https://warlita.wordpress.com/right_brained/

pahina. 81

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

means to waken the defense, or of means or persons to insure or afford impunity;

c. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin;

When the other circusmatces are absorbed in one QAC, they cannot be considered as GAC.

d. 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;

Any of the QAC must be alleged in the information.

e. With evident premeditation;

Use of unlicensed firearm is considered a QAC.

f. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.

249: Homicide

Treachery and evident premed are inherent in murder.

The killing is not parricide or infanticide.

A person is killed

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

I- inherent A- aggravating

one will qualify the killing the rest will be considered generic aggravating circumstances.

b. In consideration of a price, reward or promise;

4.

Circumstances

There is not

Use of poison is inherent when there is intent to kill and it is used as means to kill. Use of unlicensed

Source: https://warlita.wordpress.com/right_brained/

pahina. 82

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Accidental homicide 250: Penalty for frustrated PMH

PD 1110-A 251: Death caused in a tumultuous affray

252: Physical injuries

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

That the accused killed him without any justifying crime of firearms is not AC circumstances frustrated and is NOT to be homicide considered as a That the accused has the intention to kill, which is No intent to kill Physical injuries through separate offense. presumed imprudence. That the killing was not attended by any of the QAC of murder, of by that of parricide or infanticide. Death of a person brought about by a lawful act performed with proper care and skill and without homicidal intent: NOT FELONY COMMITTED Eg. boxing bout. Provided no violation of boxing rules Courts’s discretion Two degrees lower for frustrated Three degrees lower for attempted Art 250 is not mandatory An attempt on or conspiracy against the life of the president, member of his family, any member of his cabinet or members of the latter’s family is punishable by reclusion perpetua without right of probation There be several persons That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally, otherwise, they may be held liable as co-conspirators These several persons quarreled and assaulted one another in a confused and tumultuous manner ( at least 4 persons took part) That someone was killed in the course of affray That it cannot be ascertained who actually killed the deceased That the person/s who inflicted serious physical injuries or who used violence CAN BE IDENTIFIED That there is a tumultuous affray as referred in Art

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Distinct group with purpose of killing certain victim/s

homicide

Participant or not

Art 251

Source: https://warlita.wordpress.com/right_brained/

pahina. 83

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished inflicted in a tumultuous affray

253: giving assistance to suicide

254: discharge of firearms

Modified ELEMENTS

251 That a participant or some participants thereof suffer Not participant serious PI or PI of less serious nature only That the person responsible therefor cannot be identified That all those who appear to have used violence upon Those who inflicted PI and are the person of the offended party ARE KNOWN known Acts punished: First: by assisting another to commit suicide, whether the suicide is consummated or not Second: by lending his assistance to another to commit suicide to the extent of doing the killing himself Offender discharges a firearm against or at another person That the offender has no intention to kill that person

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Not 252

Liable for PI and not 252

Persons who attempts suicide

No liability even if third person is hurt

Committed by a police officer on duty Gun initially pointed at victim but not pointed at victim when it was fired

254 inapplicable.

Fun not aimed

Alarms and scandal

Still 254

Euthanasia is not 253 but 248. Person killed does not want to die. If a person is hit and wounded complex crime of dischare of firearm with serious or less serious PI If slight PI- no complex but separate crimes. There is no crimes of

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 84

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

illegal discharge of firearm through imprudence Section Two: Infanticide and Abortion 255: infanticide

256: intentional abortion

A child was killed That the deceased child was less that 3 days ( 72 hours) of age That the accused killed the child There is a pregnant woman That a) wiolence is exerted b) drugs or beverages administered c) any act of the accused the fetus dies, either in the womb or after having expelled therefrom Abortion is intended

257: Unintentional abortion

There is a pregnant woman Violence is used upon such pregnant woman without intending abortion Violence is intentional exerted

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Inherent: treachery Child born alive but could not sustain an independent life

No crime

Fetus is less than 6 mos or full term

Still 256

Fetus could sustain an independent life ( intrauterine life of NOT LESS than 7 mos) after separation from womb Intentional abortion + fetus did not die

infanticide

Unintentional abortion + fetus does not die

Physical injuries

Grave threats were made to

Complex crime of grave

Mitigating to mother and maternal grand parents: conceal reputation There is not crime of frustrated unintentional abortion

Frustrated abortion

Source: https://warlita.wordpress.com/right_brained/

pahina. 85

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

As a result of the violence, the fetus dies, either in the womb or after having been expelled therefrom 258: abortion practiced by the woman herself or her parents

259: Abortion practiced by a physician or midwife in dispensing abortives 259: by a pharmacist

That there is a pregnant woman who has suffered an abortion That the abortion is intended That the abortion is caused bya) pregnant woman herself b) any other person with her consent c) any of her parents, with her consent, for the purpose of concealing dishonor

Modified ELEMENTS cause abortion

threats and intentional abortion

Light threats Killed wife but no evidence that intended to kill child.

Separate crimes Parricide with unintentional abortion

I will live my life to the fuNNiest. (BIARES, 2014).

With OTHER Crimes

Circumstances I- inherent A- aggravating

MC: to conceal dishonor a) pregnant woman herself b) any other person with her consent c) any of her parents, with her consent, for the purpose of concealing dishonor

in C, if purpose other than to conceal There is a pregnant woman who has suffered abortion Not really pregnant Abortion is intended Not intended ot by mistake That the offender, who must be a physician or midwife causes, or assists in causing the abortion Said physician or midwife takes advantage of his or her scientific knowledge of skill Offender is a pharmacist There is no proper prescription from a physician Offender dispenses any abortive Mere prescription

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

Crime TWO

Art 258 Art 256 (person who made it) Art 258

Woman: mitigated. Parents: not. -unlike in infanticide.

Parents liable under 256 Impossible crime No crime

Consummated 259 Source: https://warlita.wordpress.com/right_brained/

pahina. 86

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Section Three: Duel 260: responsibility or participants in a duel

Acts punished: 1) killing one’s adversary in a duel Death results 2) inflicting upon such adversary physical injuries 3) making a combat although no physical injuries have been inflicted. 261: Challenging to a Act punished: duel 1) challenging another to a duel If no contemplation of a duel 2) inciting another to give or accept a challenge to a duel 3) scoffing or decrying another publicly for having refused to accept a challenge to fight a duel

Penalty is that for homicide.

Self defense can’t be invoked.

Not 261

Chapter Two: Physical Injuries Mutilation

Serious Physical Injuries 1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted;

Less Serious Physical Injuries

Slight Physical Injuries & maltreatment

2. When the injured person – 1. Intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction;

a. Loses the use of speech or the power to hear or to smell, or loses an eye, a hand, afoot, an arm, or a leg; b. Loses the use of any such member; or c. Becomes incapacitated for the work in which he was theretofore habitually engaged, in consequence of the physical injuries inflicted;

2. Intentionally making other

NO SPECIAL INTENTION

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

The physical injuries must not be those described in the preceding articles.

Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance;

Source: https://warlita.wordpress.com/right_brained/

pahina. 87

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished mutilation, that is, by lopping or 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 his body. There is SPECIAL INTENTION

If PI were inflicted with intent to insult or humiliate: - it is inherent

Modified ELEMENTS

Crime TWO

3. When the person injured – a. Becomes deformed; or b. Loses any other member of his body; or c. Loses the use thereof; or d. Becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days in consequence of the physical injuries inflicted; 4. When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days), as a result of the physical injuries inflicted.

it is considered AC of ignominy in case of serious PI

With OTHER Crimes

Circumstances I- inherent A- aggravating

Ill-treatment of another by deed without causing any injury.

Offended party is incapacitated for labor for 10 days or more (but not more than 30 days), or needs medical attendance for the same period of time; It is considered in increasing penalty in less serious PI

Physical injuries incapacitated the offended party for labor from one to nine days, or required medical attendance during the same period; It is considered separate crime of slander by deed Inherent: cruelty

262: Mutilation

Acts punished: First: Intentionally mutilating another by depriving him, Victim dies either totally or partially, of some essential organ for reproduction;

Murder qualified by cruelty

Elements 1. There be a castration, that is, mutilation of organs necessary for generation, such as the penis or ovarium; 2. The mutilation is caused purposely and deliberately, that is, to deprive the offended party of OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 88

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

263: Serious Physical Injuries

some essential organ for reproduction Second: Mayhem Intentionally making other mutilation, that is, by lopping or 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 his body. How committed: by a) wounding b) beating c) assaulting d) administering injurious substance 1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted; 2. When the injured person – a. Loses the use of speech or the power to hear or to smell, or loses an eye, a hand, afoot, an arm, or a leg; b. Loses the use of any such member; or c. Becomes incapacitated for the work in which he was theretofore habitually engaged, in consequence of the physical injuries inflicted; 3. When the person injured – a. Becomes deformed; or b. Loses any other member of his body; or c. Loses the use thereof; or

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Modified ELEMENTS

With intent to kill

Crime TWO

Attempted or frustrated homicide

With circumstances of Qualified Serious PI parricide or murder That it was done by knowingly Art 264 administering to him any injurious substances or beverages or by taking advantage of his weakness of mind or credulity

With OTHER Crimes

Committed with robbery under 2 and 3: Special complex crime of robbery with serious PIif injured is nor responsible for the robbery

Circumstances I- inherent A- aggravating

Qualifiying: 1) offense committed against persons in the crime of parricide 2. with the attendance of circumstance which qualifies murder

Separate- if the injured person is a robber. 263 may be committed by reckless imprudence or by simple imprudence or negligence ( Source: https://warlita.wordpress.com/right_brained/

pahina. 89

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

d. Becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days in consequence of the physical injuries inflicted;

264: administering injurious substance or beverages 265: Less Serious Physical injuries

4. When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days), as a result of the physical injuries inflicted. Offender inflicted upon another any serious PI That it was done by knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind or credulity That he had no intent to kill Offended party is incapacitated for labor for 10 days or more but not more than 30 days; OR needs medical attendance for the same period; and 10 to 30 days The PI must not be those described in the preceding art

With OTHER Crimes

Circumstances I- inherent A- aggravating

art365)

Less serious or light PI Does not know injurious

265/ 266 Not 264

With intent to kill Qualified as to penalty

Frustrated murder Qualified Less Serious PI

1. A fine not exceeding P 500.00, in addition to arresto mayor, shall be imposed for less serious physical injuries when – a. There is a manifest intent to insult or offend the injured person; or b.There are circumstances adding ignominy to the offense. 2. A higher penalty is imposed when the victim is either –

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 90

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

a. The offender’s parents, ascendants, guardians, curators or teachers; or b. Persons of rank or person in authority, provided the crime is not direct assault. 266: Slight Physical Injuries and Maltreatment

Acts punished: 1. Physical injuries incapacitated the offended party for labor from one to nine days, or required medical attendance during the same period;

Supervening event

Serious or Less Serious PI

2. Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance;

RA 8049

3. Ill-treatment of another by deed without causing any injury. The Anti-Hazing Law Hazing -- This is any initiation rite or practice which is a prerequisite for admission into membership in a fraternity or sorority or any organization which places the neophyte or applicant in some embarrassing or humiliating situations or otherwise subjecting him to physical or psychological suffering of injury. These do not include any physical, mental, psychological testing and training procedure and practice to determine and enhance the physical and psychological fitness of the prospective regular members of the below. Organizations include any club or AFP, PNP, PMA or officer or cadet corps of the CMT or CAT. Section 2 requires a written notice to school authorities from the head of the organization seven days prior to the rites and should not exceed three days in duration. Section 3 requires supervision by head of the school or the organization of the rites.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 91

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Section 4 qualifies the crime if rape, sodomy or mutilation results therefrom, if the person becomes insane, an imbecile, or impotent or blind because of such, if the person loses the use of speech or the power to hear or smell or an eye, a foot, an arm or a leg, or the use of any such member or any of the serious physical injuries or the less serious physical injuries. Also if the victim is below 12, or becomes incapacitated for the work he habitually engages in for 30, 10, 1-9 days. It holds the parents, school authorities who consented or who had actual knowledge if they did nothing to prevent it, officers and members who planned, knowingly cooperated or were present, present alumni of the organization, owner of the place where such occurred liable. RA 7610

Makes presence a prima facie presumption of guilt for such. Special Protection of Children against Child Abuse, Exploitation and Discrimination Act in relation to murder, mutilation or injuries to a child The last paragraph of Article VI of Republic Act No. 7610, provides: “For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262 (2) and 263 (1) of Act No 3815, as amended of the Revised Penal Code for the crimes of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve years of age.” The provisions of Republic Act No. 7160 modified the provisions of the Revised Penal Code in so far as the victim of the felonies referred to is under 12 years of age. The clear intention is to punish the said crimes with a higher penalty when the victim is a child of tender age. Incidentally, the reference to Article 249 of the Code which defines and penalizes the crime of homicide were the victim is under 12 years old is an error. Killing a child under 12 is murder, not homicide, because the victim is under no position to defend himself as held in the case of People v. Ganohon, 196 SCRA 431. For murder, the penalty provided by the Code, as amended by Republic Act No. 7659, is reclusion perpetua to death – higher than what Republic Act no. 7610 provides. Accordingly, insofar as the crime is murder, Article 248 of the Code, as amended, shall govern even if the victim was under 12 years of age. It is only in respect of the crimes of intentional mutilation in paragraph 2 of Article 262 and of serious physical injuries in paragraph 1 of Article 263 of the Code that the quoted provision of Republic Act No. 7160 may be applied for the higher penalty when the victim is under 12 years old.

RA9262 OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 92

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Chapter Three: Rape 266-A: Rape 2 kinds of rape: RA 8353 Anti-rape Law First: traditional rape 1) Offender is a man 2) That the offender had carnal knowledge of a woman 3) That such act is accomplished under any of the ff circumstances: a) by using force, threat, or intimidation b) when the woman is deprived of reason or otherwise unconscious c) By means of fraudulent machinations or grave abuse of authority d) when the woman is under 12 yo or demented Second: Sexual Assault 1) Offender commits an act of sexual assault 2) That the act of sexual assault is committed by any of the ff means: a) by inserting his penis into another person’s mouth or anal orifice b) by inserting any instrument or object into the genital or anal orifice of another person 3) that the act of sexual assault is accomplished under any of the circumstances enumerated under the first act of committing rape

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Slightest penetration

Consummated. No frustrated rape.

No penetration of the female organ and intention to have carnal knowledge against he will

Attempted rape

Knows 12 yo Under 12yo ( knowledge immaterial) 12yo and prostitute with consent 13yo with mind of a 5yo

Qualified rape Statutory rape

Woman contributed to the consummation of rape

Offense other than rape

Deaf mute

Not rape

Used drug to incite her passion

Not rape

Moral ascendancy

Rape ( sub for physical force or intimidation)

Still rape Still rape

Source: https://warlita.wordpress.com/right_brained/

pahina. 93

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished 266-B Qualified Rape

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Qualified by the following: (1) Reclusion perpetua to death/ prision mayor to reclusion temporal -(a) Where rape is perpetrated by the accused with a deadly weapon; or (b) Where it is committed by two or more persons. (2) Reclusion perpetua to death/ reclusion temporal (a) Where the victim of the rape has become insane; or (b) Where the rape is attempted but a killing was committed by the offender on the occasion or by reason of the rape. (3) Death / reclusion perpetua -Where homicide is committed by reason or on occasion of a consummated rape. (4) Death/reclusion temporal -(a) Where the victim is under 18 years of age and the offender is her ascendant, stepfather, guardian, or relative by affinity or consanguinity within the 3rd civil degree, or the common law husband of the victim’s mother; or

Where the rape is attempted but a killing was committed by the offender on the occasion or by reason of the rape. Where homicide is committed by reason or on occasion of a consummated rape. BUT when homicide is committed not by reason or on occasion of rape

Special Complex Crime

Special Complex Crime Separate Crimes

(b) Where the victim was under the custody of the police or military authorities, or other law enforcement agency; OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 94

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

(c) Where the rape is committed in full view of the victim’s husband, the parents, any of the children or relatives by consanguinity within the 3rd civil degree; (d) Where the victim is a religious, that is, a member of a legitimate religious vocation and the offender knows the victim as such before or at the time of the commission of the offense; (e) Where the victim is a child under 7 yrs of age; (f) Where the offender is a member of the AFP, its paramilitary arm, the PNP, or any law enforcement agency and the offender took advantage of his position; (g) Where the offender is afflicted with AIDS or other sexually transmissible diseases, and he is aware thereof when he committed the rape, and the disease was transmitted; (h) Where the victim has suffered permanent physical mutilation; (i) Where the pregnancy of the offended party is known to the rapist at the time of the rape; or (j) Where the rapist is aware of the victim’s mental disability, emotional disturbance or physical handicap. OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 95

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished 266-C: Effect of Pardon

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

1) subsequent valid marriage between the offender and offender shall extinguish: a) criminal action for rape b) penalty already imposed 2) subsequent forgiveness of the wife to the legal husband shall extinguish: a) criminal action for rape b) penalty already imposed Provided: it is not Void ab initio

266-D: presumptions

Since rape is now a crime against persons marriage extinguishes penal action only as to principal. NOT to accomplices/ accessories. This principle does not apply to multiple rape, where husband is a co-principal to other rapes committed. Evidence may be accepted in the prosecution of rape: 1) any physical over act manifesting resistance against the act of rape in any degree from the offended party 2) where the offended party is so situated as to render him/ her incapable of giving his/ her consent Title Nine Crimes Against Personal Liberty and Security Section One: Illegal Detention

267: Kidnapping and serious illegal detention

Offender is a private individual who is NOT any of the parents of the victim nor a female

Public officer

Person who furnished the place He kidnaps or detains another, or in any other manner Has freedom to move around deprives the latter of his liberty but not freedom to leave The act of detention or kidnapping must be illegal ( not ordered by a competent authority or not

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Arbitrary detention Accomplice (exp: conspiracy) Still 267

If the person killed, tortured, or rapes IS NOT THE VICTIME OF KIDNAPPING, the crimes maybe

Source: https://warlita.wordpress.com/right_brained/

pahina. 96

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished permitted by law) That in the commission of the offense, any of the ff circumstances is present: a. The kidnapping lasts for more than 3 days; b.

It is committed simulating public authority;

c. Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or d. The person kidnapped or detained is a minor, female, or a public officer.

Modified ELEMENTS Absent the circumstances When purpose is to extort ransom WITHOUT these circumstances

I will live my life to the fuNNiest. (BIARES, 2014).

Circumstances I- inherent A- aggravating

complexed or considered as separate Still 267 but qualified as offenses. to penalty ( death) Special Complex Crime (SCC)

BUT if person killed not the victim of kidnapping

Separate Crimes

Short time from kidnapping to killing victims

Murder/ homicide. NO kidnapping

Primary purpose: to kill Primary purpose: to kidnap

Murder/ Homicide SCC

Killed first then asked for ransom

Murder

Primary purpose: to rape

Forcible abduction w/ rape SCC

Kidnapped then attempted rape

With OTHER Crimes

Slight illegal detention

Person kidnapped is killed, purposely done or afterthought. Regardless of how many victim was killed.

Primary purpose: kidnap

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

Crime TWO

Separate Source: https://warlita.wordpress.com/right_brained/

pahina. 97

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished

268: Slight Illegal Detention

Offender is a private individual

Crime TWO

Kidnapped then multiple rape

Only one SCC

Victim: female

Art 267. ( voluntary release is not MC)

Person who furnished the place

Co- principal

Purpose: any other case

Other illegal detention

Detention for a legal ground but there is failure to deliver person arrested to proper authorities

Delay in the delivery of persons detained

With OTHER Crimes

Offender arrests or detains another person (private indvl or pub off not having the authority to arrest) That the purpose of the offender is to deliver him to the proper authorities That the arrest or detention is unauthorized by law or there is no reasonable ground therefor

I- inherent A- aggravating

MC: 1) offender voluntarily releases the person kidnapped or detained within 3 days 2) without having attained the purpose intended 3) before the institution of the criminal proceedings against him

That he kidnaps or detains another, or in any manner deprives him of his liberty That the act of kidnapping or detention is illegal That the crime is committed without the attendance of the circumstances in Art 267

269: Unlawful arrest

Circumstances

Section Two: Kidnapping Minors 270: kidnapping and failure to return a

Offender is entrusted with the custody of a minor person ( less than 18yo)

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Offender is not entrusted

Kidnapping and serious illegal detention

Kidnapping and failure to

Source: https://warlita.wordpress.com/right_brained/

pahina. 98

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished minor

That he deliberately fails to restore the said minor to his parents or guardian

271: inducing a minor to abandon his home

A minor is (less than 18 yo) is living in the home of his parents or guardian or the person entrusted with his custody That the offender induces said minor to abandon such home Inducement must be: Actual Committed with criminal intent Determined by a will to cause damage

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

return a minor (270) is necessarily included in kidnapping and serious illegal detention of minor (267 (4)).

Offender is a parents with not custody

Still 271

Minor does not actually abandon home

Still 271

Minor leaves in his own freewill

No liability

Section Three: Slavery and Servitude 272: Slavery

Offender purchase, sells, kidnaps, or detains a human being That the purpose of the offense is to enslave such human being

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Purpose: to assign the offended to some immoral traffic

Qualified slavery

If victim is female

May be Art 341 or Source: https://warlita.wordpress.com/right_brained/

pahina. 99

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

white trade slavery If purpose not to enslave Kidnapping or illegal detention 273: exploitation of child labor

274: services rendered under the compulsion in payment of debt

Offender retains a minor in his service That it is against the will of the minor That it is under the pretext or reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of the minor. That the offender compels a db to work for him, either as household servant or farm laborer

Minor consent

No crime

No cd-db relationship

Coercion

As janitor

No violation of 274

Db is a minor

Art 273

It is against the db’s will That the purpose is to require or enforce the payment of a debt Chapter Two: Crimes Against Security Section One: abandonment of helpless persons and exploitation of minors 275: abandonment of persons in danger and abandonment of one’s own victim

Act Punished: 1. Failing to render assistance to any person whom the offender finds in an uninhabited place wounded or in danger of dying when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 100

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

276: Abandoning Minor

Elements a) The place is not inhabited; b) Accused found there a person wounded or in danger of dying; c) Accused can render assistance without detriment to himself; d) Accused fails to render assistance. 2. Failing to help or render assistance to another whom the offender has accidentally wounded or injured; 3. By failing to deliver a child, under seven years of age, whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place. Child is in an unsafe place. The offender has the custody of a child The child is under 2 years of age That he abandons such child That he has no intent to kill the child when the latter is abandoned

Modified ELEMENTS

Offender does not know child is under 7yo.

Still Art. 275

If there is intent to kill + child dies

Murder/ parricide / infanticide

If there is intent to kill + does not die

Attempted or frustrated

If intent to abandon child is to lose his civil status

Art 347 ( concealment or abandonment of a legit child) Qualified Art 276.

Death of the minor resulted from such abandonment OR The life of the minor was in OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Source: https://warlita.wordpress.com/right_brained/

pahina. 101

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

danger because of abandonment 277: abandonment of minor entrusted with his custody; indifference of parents

Acts Punished: 1. Delivering a minor to a public institution or other persons without the consent of the one who entrusted such minor to the care of the offender or, in the absence of that one, without the consent of the proper authorities;

Abandoned a child below 7yo Art 276 in such a way as to deprive him of his basic needs which his tender years need.

Elements a. Offender has charge of the rearing or education of a minor; b. He delivers said minor to a public institution or other persons; c. The one who entrusted such child to the offender has not consented to such act; or if the one who entrusted such child to the offender is absent, the proper authorities have not consented to it. 2. Indifference of parents

278: Exploitation of minors

Elements: a.Offender is a parent; b.He neglects his children by not giving them education; c. His station in life requires such education and his financial condition permits it. Acts punished: 1. Causing any boy or girl under 16 years of age to perform any dangerous feat of balancing, physical

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Delivery of the child is made in consideration of any price,

Qualified Art 278 Source: https://warlita.wordpress.com/right_brained/

pahina. 102

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished strength or contortion, the offender being any person;

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

compensation, or promise

2. Employing children under 16 years of age who are not the children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer, the offender being an acrobat, etc., or circus manager or engaged in a similar calling; 3. Employing any descendant under 12 years of age in dangerous exhibitions enumerated in the next preceding paragraph, the offender being engaged in any of the said callings; 4. Delivering a child under 16 years of age gratuitously to any person following any of the callings enumerated in paragraph 2, or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher or person entrusted in any capacity with the care of such child; and

279: additional penalties for other offenses

5. Inducing any child under 16 years of age to No such purpose and child is Art 271 abandon the home of its ascendants, guardians, under 18. curators or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 or to accompany any habitual vagrant or beggar, the offender being any person. Imposition of penalties form 275-8shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined and punished under the RPC.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 103

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Section Two: Trespass to dwelling 280: (simple) trespass to dwelling

Offender is a private person He enters the dwelling of another That such entrance is against the will of the owner or occupant

Public officer/ employee

Violation of domicile

By violence or intimidation

Qualified trespass to dwelling Simple trespass to dwelling

Against owner/ occupant

281: other forms of tresspass

Offender enters the closed premises or the fenced estate of another That the entrance is made while either of them is

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Lack of permission

Not simple trespass.

Entered a door not for ingress

Simple trespass

Enters late at night

Simple trespass

No intent to kill

Separate crimes

There was intent to kill

Homicide or murder and dwelling as AC

Offender is employed by offended

Qualified

Violence or intimidation was committed immediately after entrance Dwelling house and inhabited

qualified Art 280

Source: https://warlita.wordpress.com/right_brained/

pahina. 104

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

uninhabited That the prohibition to enters be manifest That the trespasser has not secured the permission of the owner of the caretaker thereof Section Three: Threats and Coercion 282: Grave Threats

Acts punished: 1. Threatening another with the infliction upon his person, honor or property or that of this family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful, and the offender attained his purpose; a) that offender threatens another person with the infliction upon the latter’s person, honor, or property or upon that of the latter’s family, of any wrong b) that such wrong amounts to a crime c) that there is a demand for money or that any other condition is imposed, even though not unlawful d) that the offender attains 2. Making such threat without the offender attaining his purpose; 3. Threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition. a) that the offender threatens another person with the infliction upon the latter’s person, honor, or property

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Amounts to a crime

Grave threats

Not amounts to a crime

Light threats

With violence or intimidation

Coercion

Intimidation was made in writing OR through a middle man

Qualified

Offended learns of the threats Consummated 282 When the offender demand the money or property on the spot

Robbery.

Threatened to prevent person PD 1829 from appearing in the investigation of or official proceedings or a criminal case

Threats made in connection with the commission of other crimes are absorbed by the latter. ( means to commit or mere incident) If the threat was made with the deliberate purpose of creating in the mind of the person threatedned the belief that would be carried into effect, the

Source: https://warlita.wordpress.com/right_brained/

pahina. 105

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

or upon that of the latter’s family, of any wrong

c) that the threat is not subject to a condition

284: bond for good behavior 285: other light threats

286: Grave Coercion

Offender makes a threat to commit a wrong blackmailing That the wrong does not constitute a crime That there is a demand for money or that other condition is imposed even though not unlawful That the offender has attained his purpose or that he has not attained his purpose When is a person required to give bail bond: a) when he threatens another under the circumstances mention in art 282 b) when he threatens another under the circumstances in art 283 Acts punishable: When made to an absent 1. Threatening another with a weapon, or by drawing persons and uttered under fit such weapon in a quarrel, unless it be in lawful selfof anger defense; No demand for money 2. Orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting No condition imposed in the idea involved in his threat; Threat not deliberate 3. Orally threatening to do another any harm not constituting a felony. Two ways of committing it:

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Circumstances I- inherent A- aggravating

crime committed is grave threats, and the minor crime which accompanied it should be disregarded.

b) that such wrong amounts to a crime

283: light threats

With OTHER Crimes

Still 283

Other Light threats

Other light threats Other light threats Other light threats

Source: https://warlita.wordpress.com/right_brained/

pahina. 106

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished 1) PREVENTIVE. by preventing another by means of violence, threats or intimidation, from doing something not prohibited by law

Crime TWO

Art 132, 143, 145, 287

Not coercion

Act to be prevented is already done when violence is exerted Art 127, 287

Unjust vexation

b) that the prevention or compulsion be effected by violence, threats, or intimidation

There is no violence or intimidation

Unjust vexation

c) that the person that restrained the will and liberty of another has no right to do so, or that the restraint is not made under the authority of law or in the exercise of any lawful right

Intent to deprive offended of his liberty is not clear

Illegal detention

Offended is a prisoner, extracting info using force or intimidation

Maltreatment

Offended did not accede to the purpose of coercion

Consummated grave coercion

Absent violence

Unjust vexation

2) COMPULSIVE. by compelling another, by means of violence, threats or intimidation, to do something against his will whether it be right or wrong Elements 1 and 2: a) that a person prevented another from doing something not prohibited by law or by compelling him to do something against his will, be it right or wrong

287: light coercion

Modified ELEMENTS

Offender is a creditor That he seizes anything belonging to his debtor That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

With OTHER Crimes

Circumstances I- inherent A- aggravating

Not coercion

Source: https://warlita.wordpress.com/right_brained/

pahina. 107

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished That the purpose of the offender is to apply the same to the payment of the debt Unjust vexation Any human conduct which although not productive of some physical or material harm would however, unjustly annoy or vex an innocent person 288: other similar Acts punished: coercions (compulsory 1. Forcing or compelling, directly or indirectly, or purchase of knowingly permitting the forcing or compelling of the merchandise and laborer or employee of the offender to purchase payment of wages by merchandise of commodities of any kind from him; means of tokens) Elements: a. Offender is any person, agent or officer of any association or corporation; b. He or such firm or corporation has employed laborers or employees; c. He forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any of his or its laborers or employees to purchase merchandise or commodities of any kind from him or from said firm or corporation. 2. Paying the wages due his laborer or employee by means of tokens or object other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee.

Modified ELEMENTS

With violence or intimidation

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Grave or light coercion

Elements: a. Offender pays the wages due a laborer or employee employed by him by means of tokens or object; OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 108

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

289: formation, maintenance and prohibition of combination of capital or labor through violence of threats

b. Those tokens or objects are other than the legal tender currency of the Philippines; c. Such employee or laborer does not expressly request that he be paid by means of tokens or objects. Offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work That the purpose is to organize, maintain, or prevent coalitions of capital or laborers or lockout of employers

Modified ELEMENTS

Crime TWO

When picketers employ force or if they make threats

coercion

Preventing ee from joining a registered labor organiization

Punished under the Labor code NOT RPC.

With OTHER Crimes

Circumstances I- inherent A- aggravating

Chapter Three Discovery and Revelation of Secrets 290: Discovering Secrets through seizure of correspondence

291: revealing secrets with abuse of office

That the offender is a private individual or even a public office not in the exercise of his official function That he seizes the papers or letters of another That the purpose is to discover the secrets of such other person That the offender is informed of the contents of the papers of letters seized

Offender comes to know of secret by reason of public office

Public officer revealing secrets of priv indvl

Offender reveals the contents of such paper or letter of another to a 3rd person

Qualified Art 290

If purpose is to cause damage If purpose is to harass or annoy

Estafa Unjust vexation

Offender is a manager, employee, or servant That he learns the secrets of his principal or master in such capacity

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 109

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished 292: revelation of industrial secrets

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

That he reveals such secrets That the offender is a person in charge, employee, or workman of a manufacturing or industrial establishment That the manufacturing/ industrial establishment has a secret of the industry which the offender has learned That the offender reveals such secrets That prejudice is caused to the owner Title Ten Crimes Against Property

293: who are guilty of robbery

There is a personal property There is unlawful taking of that property That the taking must be with intent to gain That there is violence against or intimidation of any person or forcer upon things

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

If real property

Usurpation

Prohibited articles

Still robbery

Stolen from: 1) owner 2) possessor 3) thief

Still robbery

Property stolen belongs to thief

Not liable for robbery. Impossible crime.

Took it believing it was his property

Not liable for robbery

No intent to gain

Estafa or coercion

Owner takes prop from lawful

estafa Source: https://warlita.wordpress.com/right_brained/

pahina. 110

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

possessor Section One: Robbery with Violence against or Intimidation of Persons 294: Robbery with violence against of intimidation of persons

Acts Punished: 1. When by reason or on occasion of the robbery (taking of personal property belonging to another with intent to gain), the crime of homicide is committed;

NOTE: crime complexed with Robbery must be consummated

Intent to take before killing.

Special Complex Crimes Robbery with homicide

Any kind of killing ( parricide/ murder/ multiple killing) by reason of or on the occasion of robbery. Mere after thought to rob. Priority to kill.

The qualifying circumstance will only become an AC. Additional killed/ raped is not considered as AC.

Separate crimes.

Different person killed/ one of Robbery with Homicide the robbers

2. When the robbery is accompanied by rape or intentional mutilation or arson;

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Death supervened by mere incident

Robbery with Homicide

Attempted rape only Rape mere afterthought

Robbery and Attempted rape Separate

Conspiracy

All liable.

Raped member of the robbers

Robbery with rape Source: https://warlita.wordpress.com/right_brained/

pahina. 111

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

Multiple raped/ killed

Only one SCC

Arson + intent to rob + no killing + no rape + no intentional mutilation

Robbery with arson

Arson + intent to rob + killing + rape + intentional mutilation

Arson is only an AC.

With OTHER Crimes

Circumstances I- inherent A- aggravating

3. When by reason of on occasion of such robbery, any of the physical injuries resulting in insanity, imbecility, impotency or blindness is inflicted;

4. When by reason or on occasion of robbery, any of Serious injuries the physical injuries resulting in the loss of the use of speech or the power to hear or to smell, or the loss of an eye, a hand, a foot, an arm, or a leg or the loss of Not serious the use of any such member or incapacity for the work in which the injured person is theretofore habitually engaged is inflicted;

Robbery with serious physical injuries

5. If the violence or intimidation employed in the commission of the robbery is carried to a degree unnecessary for the commission of the crime;

Slight or less serious pi

Absorbed in Simple robbery

Intimidation is conditional or future. Gain not immediate.

Threats to extort money

6. When in the course of its execution, the offender OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Absorbed in robbery

Source: https://warlita.wordpress.com/right_brained/

pahina. 112

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished shall have inflicted upon any person not responsible for the commission of the robbery any of the physical injuries in consequence of which the person injured becomes deformed or loses any other member of his body or loses the sue thereof or becomes ill or incapacitated for the performance of the work in which he is habitually engaged for more than 90 days or the person injured becomes ill or incapacitated for labor for more than 30 days;

295: Robbery with Physicial Injuries, committed in an uninhabited place AND by a band or with the use of forearm on a street, road, alley

296: Definition of band and the penalty incurred by the members

7. If the violence employed by the offender does not cause any of the serious physical injuries defined in Article 263, or if the offender employs intimidation only. NO 3,4,5 of Art 294 if committed: 1) in an uninhabited place 2) by a band 3) by attacking a moving train, street car, motor vehicle, or airship 4) by entering the passenger’s compartments in a train, or in any manner taking the passengers by surprise in their respective conveyances 5) on a street, road, highway, alley, and the intimidation is made with the use of firearms

Modified ELEMENTS

Crime TWO

Parts with his money, in a sense, voluntarily

Bribery

No intent to gain

Grave coercion

All these circumstances

Qualified Robbery with violence against or intimidation of persons

Both uninhabited place and by a band concur

Robbery in an uninhabited place and by a band

With OTHER Crimes

Circumstances I- inherent A- aggravating

All five are Special Aggravating Circumstances If robbery is committed with homi/rape/ piuninhabited place and by a band is considered as GAC.

Article 296 defines a robbery by a band as follows: when at least four armed malefactors take part in the commission of a robbery. Requisites for liability for the acts of the other members of the band 1.

He was a member of the band;

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 113

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished 2. 3. 4.

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

He was present at the commission of a robbery by that band; The other members of the band committed an assault; He did not attempt to prevent the assault.

Art 296 applies only to 3,4,5 of Art 294. Proof of conspiracy not necessary. PD 1866 RA 8294 297: attempted and frustrated robbery committed under certain circumstances

298: execution of deeds by means of violence or intimidation

Illegal possession IN ADDITION to robbery by a band USE of unlawful firearm in murder or homicide is now considered as a special aggravating circumstance Is NOT USED, separate. When by reason or on occasion of attempted or Physical injuries + no intent to frustrated robbery, homicide (generic sense) is kill + A/F robbery committed. PI= means for the commission Pi absorbed in AF rob of AF rob PI= on occasion but not Separate crimes employed as a means of committing AF rob PI= killing and PI committed Pi absorbed in AF rob on that occasion

Elements

If PI is serious as necessary means of committing felony. Void document

Robbery with serious physical injuries No crime

1. Offender has intent to defraud another; 2. Offender compels him to sign, execute, or deliver any public instrument or document. 3. The compulsion is by means of violence or intimidation.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 114

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Section Two: Robbery with the Use of Force upon Things 299: robbery in an inhabited house/ public building or edifice devoted to worship

A. Offender outside comes inside Offender entered: a) an inhabited house b) public building c) an edifice devoted to religious worship Entrance was effected by any of the following means: a) through an opening not intended for entrance or egress b) by breaking any (outside) wall, roof, floor, door, or window, c) by using false keys, picklocks, or similar tools d) using any fictitious name or pretending the exercise of public authority

Breaking of inside wall occupied by a person separate as his own

Still 299

Not whole body enters establishment

Theft

Once inside the building, the offender took personal property belonging to another with intent to gain B. offender already inside Offender is inside a dwelling house, public building or edifice devoted to religious worship, regardless of the circumstances under which he entered it. That the offender takes personal property belonging to another with intent to gain under any of the ff circumstances: a) by the breaking of internal doors, wardrobes, chests, or any other kind sealed furniture or receptacle b) by taking such furniture or objects away to be OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 115

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished 300: Robbery in an uninhabited place AND by band 301: what is an inhabited house, public building or building dedicated to religious worship

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

broken open outside the place of the robbery Qualifier Crime Uninhabited place AND by a band Qualified robbery with force upon things (Art 300) Uninhabited place OR by a band Qualified robbery with violence or intimidation of persons (Art. 295) Inhabited house – 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. Public building – 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. Dependencies of an inhabited house, public building, or building dedicated to religious worship – All interior courts, corrals, warehouses, granaries, barns, coachhouses, stables, or other departments, or enclosed interior entrance connected therewith and which form part of the whole. Orchards and other lands used for cultivation or production are not included, even if closed, contiguous to the building, and having direct connection therewith.

302: Robbery in an uninhabited place or in a private building

Offender enetered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious building. That any of the following circumstances was present:

Taking of large cattle

PD 533

a. The entrance was effected through an opening not intended for entrance or egress; b. A wall, roof, floor, or outside door or window was broken; c. The entrance was effected through the use of false keys, picklocks or other similar tools; d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken; or e. A closed or sealed receptacle was removed, even OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 116

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

303: robbery of cereals, fruits, or firewood in an uninhabited place or private individual 304: possession of picklocks or similar tool

305: false keys

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

if the same be broken open elsewhere That with intent to gain, the offender took therefrom personal property belonging to another. Seedlings which are immediate product of the soil.

That the offender has in his possession picklocks or similar tools That such picklocks or similar tools are specially adopted to the commission of robbery That the offender does not have lawful cause for such possession Inclusions: a) tools not mentioned in the next preceding article b) genuine keys stolen from the owner c) any keys other than those intended by the owner for the use in the lock forcibly opened by the offender. Chapter Two Brigandage

PD 532 vs 306 RPC

Distinction between brigandage under the Revised Penal Code and highway robbery/brigandage under Presidential Decree No. 532: (1) Brigandage as a crime under the Revised Penal Code refers to the formation of a band of robbers by more than three armed persons for the purpose of committing robbery in the highway, kidnapping for purposes of extortion or ransom, or for any other purpose to be attained by force and violence. The mere forming of a band, which requires at least four armed persons, if for any of the criminal purposes stated in Article 306, gives rise to brigandage. (2) Highway robbery/brigandage under Presidential Decree No. 532 is the seizure of any person for ransom, extortion or for any other lawful purposes, or the taking away of the property of another by means of violence against or intimidation of persons or force upon things or other unlawful means committed by

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 117

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

any person on any Philippine highway. Brigandage under Presidential Decree No. 532 refers to the actual commission of the robbery on the highway and can be committed by one person alone. It is this brigandage which deserves some attention because not any robbery in a highway is brigandage or highway robbery. A distinction should be made between highway robbery/brigandage under the decree and ordinary robbery committed on a highway under the Revised Penal Code. 306: Brigandage

307: aiding or abetting a band of brigands

There be at least 4 armed men They formed a band of robbers Purpose: a) to commit robbery in a highway b) to kidnap persons for the purpose of extortion of to obtain ransom c) to attain by means of forcer and violence any other purpose

Carries unlicensed firearms

All presumed brigands

Streets

Still 306

Several robberies in the highway

Brigandage

Particular in any roads

Robbery in band

That there is a band of brigands That the offender knows the band to be of brigands That the offender does any of the following: a) that he aids, abets, or protects such band of brigands b) that he gives them information on the movements of the police or other peace officers of the govt c) that he acquires or receives property taken by such brigands Chapter Three Theft

308: who are liable for theft

1. Those who with intent to gain, but without violence against or intimidation of persons nor force upon

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

No chance to dispose

Theft Source: https://warlita.wordpress.com/right_brained/

pahina. 118

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished things, take personal property of another without the latter’s consent;

Other forms of theft

a) That there be taking of personal property b) That said property belongs to another c) That the taking be done with intent to gain d) That the taking be done without the consent of the owner e) That the taking be accomplished without the use of violence against or intimidation of persons or force upon things 2. Those who having found lost property, fails to deliver the same to the local authorities or to its owner; a) the time of the seizure of the thing b) that it was lost property belonging to another c) that the accused having had the opportunity to return or deliver the lost property to its owner or to the local authorities, refrained from doing so.

Modified ELEMENTS

Crime TWO

Electricity

RA 7832: theft of electricity

Whole car taken to another place and tires were taken

theft

Committed by policeman

theft

Fishing in a fishpond of fishery

Qualified theft

With OTHER Crimes

Circumstances I- inherent A- aggravating

3. Those who, after having maliciously damaged the property of another, remove or make use of the fruits or objects of the damage caused by them; 4. Those who enter an enclosed estate or a field where trespass is forbidden or which belongs to another and, without the consent of its owner, hunt or fish upon the same or gather fruits, cereals or other forest or farm products. a) that there is an enclosed estate or field where OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 119

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

309: penalties

310: qualified theft

RA 6539

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

trespass is forbidden or which belongs to another b) that the offender enters the same c) that the offender hunts or fishes upon the same or gather fruits, cereals, or other forest or farm products d) that the hunting or fishing or gathering of products is without the consent of the owner Basis: a) value of the thing stolen, b)value and nature of the property taken c) the circumstances or causes that impelled the culprit to commit the crime 1. Committed by a domestic servant; 2. Committed with grave abuse of confidence; 3. The property stolen is a motor vehicle, mail matter, or large cattle; 4. The property stolen consists of coconuts taken from the premises of a plantation; 5. The property stolen is fish taken from a fishpond or fishery; or 6. If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident, or civil disturbance. Elements: abuse of confidence Taking of personal property Said property belongs to another Said property done with intent to gain That it be done without owner’s consent That it be accomplished without the use of violence or intimidation against persons, nor of force upon things That it be done with grave abuse of confidence Anti-carnapping Act of 1972

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 120

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

On carnapping and theft of motor vehicle The taking with intent to gain of a motor vehicle belonging to another, without the latter’s consent, or by means of violence or intimidation of persons, or by using force upon things is penalized as carnapping under Republic Act No. 6539 (An Act Preventing and Penalizing Carnapping), as amended. The overt act which is being punished under this law as carnapping is also the taking of a motor vehicle under circumstances of theft or robbery. If the motor vehicle was not taken by the offender but was delivered by the owner or the possessor to the offender, who thereafter misappropriated the same, the crime is either qualified theft under Article 310 of the Revised Penal Code or estafa under Article 315 (b) of the Revised Penal Code. Qualified theft of a motor vehicle is the crime if only the material or physical possession was yielded to the offender; otherwise, if juridical possession was also yielded, the crime is estafa.

PD 533

Cattle Rustling Law of 1974 Cattle Rustling and Qualified Theft of Large Cattle – The crime of cattle-rustling is defined and punished under Presidential Decree No. 533, the AntiCattle Rustling law of 1974, as the taking by any means, method or scheme, of any large cattle, with or without intent to gain and whether committed with or without violence against or intimidation of person or force upon things, so long as the taking is without the consent of the owner/breed thereof. The crime includes the killing or taking the meat or hide of large cattle without the consent of the owner. Since the intent to gain is not essential, the killing or destruction of large cattle, even without taking any part thereof, is not a crime of malicious mischief but cattle-rustling. Where the large cattle was not taken, but received by the offender from the owner/overseer thereof, the crime is not cattle-rustling; it is qualified theft of large cattle. Where the large cattle was received by the offender who thereafter misappropriated it, the crime is qualified theft under Article 310 if only physical or material possession thereof was yielded to him. If both material and juridical possession thereof was yielded to him who misappropriated the large cattle, the crime would be estafa under Article 315 (1b). Presidential Decree No. 533 is not a special law in the context of Article 10 of the Revised Penal Code. It merely modified the penalties provided for theft of large cattle under the Revised Penal Code and amended Article 309 and 310. This is explicit from Section 10 of the Presidential Decree. Consequently, the trial court should not have convicted the accused of frustrated murder separately from cattle-rustling, since the

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 121

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

former should have been absorbed by cattle-rustling as killing was a result of or on the occasion of cattle-rustling. It should only be an aggravating circumstance. But because the information did not allege the injury, the same can no longer be appreciated; the crime should, therefore be only, simple cattle-rustling. (People v. Martinada, February 13, 1991)

PD 534 PD 581 PD 1612

PD 401 PD 330 PD 705 311: theft of the property of the National Library and National Museum

Law on Illegal Fishing * check SBC mem aid Highgrading or theft of gold * check SBC mem aid Anti-fencing Law * check SBC mem aid Fencing under Presidential Decree No. 1612 is a distinct crime from theft and robbery. If the participant who profited is being prosecuted with person who robbed, the person is prosecuted as an accessory. If he is being prosecuted separately, the person who partook of the proceeds is liable for fencing. Penalizing the unauthorized installation of water, electrical or telephone connections, the use of tampered water of electrical maters, and other acts. * check SBC mem aid Penalizing Timber Smuggling or Illegal Cutting of Lods from Public Forests and Forests Reserves as Qualified Theft Forestry Reform Code of the Philippines * check SBC mem aid Regardless of value Committed with abuse of Penalty for qualified confidence theft shall be imposed

Chapter Four Usurpation 312: occupation of Real Property of Usurpation of Real Rights in Property

Offender takes possession of any real property or usurps any real rights in property That the real property or real rights belong to another

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Public agri land including public lands granted to priv

PD 947 Source: https://warlita.wordpress.com/right_brained/

pahina. 122

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished That violence against or intimidation of persons is used by the offender in occupying real property or usurping real property or usurping real right in property

Urban Devt and Housing Act

313: Altering Boundaries or Landmark

indvl No violence or intimidation

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Civil liability only

Violence or intimidation came subsequent to entry

Not Art 312

No violence of intimidation and no intent to gain none

Malicious mischief

There is intent to gain Coercion On squatting According to the Urban Development and Housing Act, the following are squatters: 1. Those who have the capacity or means to pay rent or for legitimate housing but are squatting anyway; 2. Also the persons who were awarded lots but sold or lease them out; 3. Intruders of lands reserved for socialized housing, pre-empting possession by occupying the same. That there be boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same That the offender alters said boundary marks Chapter Five Culpable Insolvency

314: Fraudulent Insolvency

Offender is a debtor, that is , he has obligation due and demandable That he absconds with his property That there be prejudice to his creditors

No judicial declaration of insolvency Personal or real

Still 314 Art 314

Chapter Six Swindling and other Deceits OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 123

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished 315: swindling/ estafa

A.1. Unfaithfulness

A.2 Abuse of Confidence

B. Fictitious Name/ false pretense/ other means

Accused defrauded another by abuse or confidence or by means of deceit That damage or prejudice capable of pecuniary estimation is caused to the offended party or third persons a) That the offender has an onerous obligation to deliver something of value b) That he alters its substance, quantity or quality c) That damage or prejudice capable of pecuniary estimation is caused to the offended party or 3rd persons 1. That money, goods, or other personal property be a) received by the offender in trust, b) or on commission or for administration , c) or under any other obligation involving the duty to make delivery of, or to return the same 2. There be a) misappropriation or b) conversion or c) denial is to the prejudice of another 3. That there is demand made by the offended party to the offender 1) By using fictitious name 2) By falsely pretending to possess a) power b) influence c) qualifications

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Modified ELEMENTS

Crime TWO

Temporary prejudice

Still 315

Mere negligence in allowing another to benefit from the transaction

Not estafa

Material possession + Misappropriation

Theft

Juridical possession + MP + M

Estafa

Ownership + JP + MP + M

NO crime. Mere civil liability. Crim not extinguished No crim liab

Novation after estafa Novation before estafa No demand but there is evidence of misappropriation Elements of illegal recruitment

With OTHER Crimes

Circumstances I- inherent A- aggravating

Still 315 by B RA 8042

Source: https://warlita.wordpress.com/right_brained/

pahina. 124

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

d) property e) credit f) agency g) business or imaginary transaction 3) By means of other similar deceits C. Altering quality, fineness, weight of anything pertaining to his art or business D. Pretending to Commits defamation bribed the govt If money was indeed given E. checks a) Offender postdated a check, OR issued a check in payment of an obligation b) That such postdating or issuing a check was done when the offender had not funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check F. establishments

In addition slander, libel Corruption of public officer/s Check issued simultaneous with transaction

Estafa

Check issued for a preexisting obligation

Civil obligation

Issued only as security but not encashed

No estafa

1. a. Obtaining food, refreshment, or accommodation at a hotel, inn, restaurant, boarding house, lodging house, or apartment house; b.Without paying therefor; c.With intent to defraud the proprietor or manager. 2.a. Obtaining credit at any of the establishments; b. Using false pretense;

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 125

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

G. Fraudulent Means: inducing to sign

H. Fraudulent Means: gambling I. Removing concealing, destroying documents BP 22

3.a. Abandoning or surreptitiously removing any part of his baggage in the establishment; b. After obtaining credit, food, refreshment, accommodation; c. Without paying. a) offender induced the offended party to sign a document b) that deceit be employed to make him sign the document c) that the offended party personally signed the document d) that prejudiced be caused a) that there be a court record, office files, documentary or any other papers b) that the offender removed, concealed, or destroyed any of them c) that the offender had intent to defraud another Bouncing Checks Law

Modified ELEMENTS

Crime TWO

Willingly signed but there is deceit as to contents of docu

Falsification

Accused made representation as to mislead that complainant as to the char of the docu

Estafa

Offender is a public officer who is officially entrusted with the document

Infidelity in custody of document

With OTHER Crimes

Circumstances I- inherent A- aggravating

How violated A.1.A person makes or draws and issues any check; 2. The check is made or drawn and issued to apply on account or for value; Thus, it can apply to pre-existing obligations, too. OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 126

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

3. The person who makes or draws and issued the check knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; 1. The check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment. B.1.A person has sufficient funds in or credit with the drawee bank when he makes or draws and issues a check; 2.He fails to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within 90 days from the date appearing; 3.The check is dishonored by the drawee bank. Distinction between estafa under Article 315 (2) (d) of the Revised Penal Code and violation of Batas Pambansa Blg. 22: (1) Under both Article 315 (2) (d) and Batas Pambansa Blg. 22, there is criminal liability if the check is drawn for non-pre-existing obligation. If the check is drawn for a pre-existing obligation, there is criminal liability only under Batas Pambansa Blg. 22. (2) Estafa under Article 315 (2) (d) is a crime against property while Batas Pambansa Blg. 22 is a crime against public interest. The gravamen for the former is the deceit employed, while in the latter, it is the issuance of the check. Hence, there is no double jeopardy. (3) In the estafa under Article 315 (2) (d), deceit and damage are material, while in Batas Pambansa Blg. 22, they are immaterial. (4) In estafa under Article 315 (2) (d), knowledge by the drawer of insufficient funds is not required, while in Batas Pambansa Blg. 22, knowledge by the drawer of insufficient funds is required. When is there prima facie evidence of knowledge of insufficient funds? There is a prima facie evidence of knowledge of insufficient funds when the check was presented within 90 days from the date appearing on the check and was dishonored. Exceptions OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 127

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

1. When the check was presented after 90 days from date; 2. When the maker or drawer -a. Pays the holder of the check the amount due within five banking days after receiving notice that such check has not been paid by the drawee; b. Makes arrangements for payment in full by the drawee of such check within five banking days after notice of non-payment

316: other forms of swindling

The drawee must cause to be written or stamped in plain language the reason for the dishonor. If the drawee bank received an order of stop-payment from the drawer with no reason, it must be stated that the funds are insufficient to be prosecuted here. The unpaid or dishonored check with the stamped information re: refusal to pay is prima facie evidence of (1) the making or issuance of the check; (2) the due presentment to the drawee for payment & the dishonor thereof; and (3) the fact that the check was properly dishonored for the reason stamped on the check. Under paragraph 1 – By conveying, selling, encumbering, or mortgaging any real property, pretending to be the owner of the same Elements 1. There is an immovable, such as a parcel of land or a building; 2. Offender who is not the owner represents himself as the owner thereof; 3. Offender executes an act of ownership such as selling, leasing, encumbering or mortgaging the real property; 4. The act is made to the prejudice to the owner or a third person. Under paragraph 2 – by disposing of real property as free from encumbrance, although such encumbrance be not recorded

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 128

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Elements 1. The thing disposed is a real property: 2. Offender knew that the real property was encumbered, whether the encumbrance is recorded or not; 3. There must be express representation by offender that the real property is free from encumbrance; 4. The act of disposing of the real property is made to the damage of another. Under paragraph 3 – by wrongfully taking by the owner of his personal property from its lawful possessor Elements 1.Offender is the owner of personal property; 2.Said personal property is in the lawful possession of another; 3. Offender wrongfully takes it from its lawful possessor; 4.Prejudice is thereby caused to the possessor or third person. Under paragraph 4 – by executing any fictitious contract to the prejudice of another Under paragraph 5 – by accepting any compensation for services not rendered or for labor not performed

Under paragraph 6 – by selling, mortgaging or encumbering real property or properties with which OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Mere intent

Not sufficient Source: https://warlita.wordpress.com/right_brained/

pahina. 129

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

the offender guaranteed the fulfillment of his obligation as surety

317: swindling a minor

318: other deceits

RA 8484

Elements 1. Offender is a surety in a bond given in a criminal or civil action; 2.He guaranteed the fulfillment of such obligation with his real property or properties; 3.He sells, mortgages, or in any manner encumbers said real property; 4.Such sale, mortgage or encumbrance is without express authority from the court, or made before the cancellation of his bond, or before being relieved from the obligation contracted by him. That the offender takes advantage of the inexperience or emotions or feelings of a minor That he induces such minor to assume an obligation or to give release or to execute a transfer of any property right That the consideration is some loan of money, credit, or other personal property That the transactions is to the detriment of such minor Acts punished: a) be defrauding or damaging another by any other deceit not mentioned in the preceding articles

If real property

Art 318

b) by interpreting dreams, by making forecasts, telling fortunes, by taking advantage of the credulity of the public in any other manner, for profit of gain Acces devices regulation act of 1998

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 130

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

* check SBC mem aid Chapter Seven Chattel Mortgage 319: removal, sale or pledge or mortgaged property

First: Knowingly removing any personal property mortgaged under the Chattel Mortgage law to any province or city other than the one in which it was located at the time of execution of the mortgage, without the written consent of the mortgagee or his executors, administrators or assigns;

If the gee elected too file a suit for collection, not foreclosure, thereby abandoning the mortgage as basis for relief, the removal of the property

No art 319 (1)

No damage

Still 319 (2)

Elements: 1. Personal property is mortgaged under the Chattel Mortgage Law; 2. Offender knows that such property is so mortgaged; 3. Offender removes such mortgaged personal property to any province or city other than the one in which it was located at the time of the execution of the mortgage; 4. The removal is permanent; 5. There is no written consent of the mortgagee or his executors, administrators or assigns to such removal. Second: Selling or pledging personal property already pledged, or any part thereof, under the terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 131

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

office of the register of deeds of the province where such property is located. Elements: 1.Personal property is already pledged under the terms of the Chattel Mortgage Law; 2.Offender, who is the mortgagor of such property, sells or pledges the same or any part thereof; 3.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. Chapter Eight Arson and Other Crimes involving Destructions Kinds of arson 1. Arson, under Section 1 of Presidential Decree No. 1613; 2. Destructive arson, under Article 320 of the Revised Penal Code, as amended by Republic Act No. 7659; 3. Other cases of arson, under Section 3 of Presidential Decree No. 1613. Section 1, PD 1613: When any person burns or sets fire to the property of Arson which another, or his own property under the circumstances which expose danger the life or property of another. 320: Destructive Committed by 2 or more persons, regardless of Arson whether their purpose is merely to burn or detroy the building or the burning merely constitutes an overt act in the commission of another violation of the law When any person shall burn: a) any arsenal, shipyard, storehouse, or military power or fireworks factory, ordinance, storehouse, OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Special AC: a) committed with intent to gain b) committed for the benefit of another c) if the offender is motivated by spite or hatred towards Source: https://warlita.wordpress.com/right_brained/

pahina. 132

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Sec 3, PD 1613: Other cases of Arson

Modified ELEMENTS

Crime TWO

archives, or general museum of the govt b) in an inhabited place, any storehouse or factory of inflammable or explosive materials Burning: a) any building used as offices of the govt or any of its agencies b) any inhabited house or dwelling c) any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel d) any plantation, farm, pasture land, growing crop, grain field, orchard, bamboo grove or forest; e) any rice mill, sugar mill, cane mill, mill central f) any railway or bus station, airport, wharf, or warehouse

With OTHER Crimes

Circumstances I- inherent A- aggravating

the owner or occupant of the property burned d) committed by a syndicate- planned or carried out by 3 or more persons

Chapter Nine Malicious Mischief 327: Malicious Mischief

328: special cases of malicious mischief Qualified Malicious Mischief

Offender deliberately caused damage to the property of another That such act does not constitute arson or other crimes involving destruction That the act of damaging another’s property be committed merely for the sake of damaging it. Acted through hate, revenge, evil motive. 1) causing damage to obstruct the performance of public functions 2) using poisonous or corrosive substances 3) spreading any infection or contagion among cattle 4) causing damage to the property of the National

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

No malice

Only civil liability

With intent to gain With public and tumultuous uprising

Theft ( 308 (2)) Sedition

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pahina. 133

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

329: other mischiefs 330: Damage and obstruction to means of communication 331: destroying or damaging statutes, public monuments or paintings

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Museum or Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public. Basis: value of the damaged caused Any person who shall damage any railway, telegraph Damage shall result in the Qualified Art 330 or telephone lines (tt pertains to railways) derailment of cars, collision or other accident 1) Any person who shall destroy or damage statutes or any other useful or ornamental public monuments 2) any person who shall destroy or damage any useful or ornamental painting of public nature. Chapter Ten Exemption from Criminal Liability in Crimes against Property

332: Persons exempt from criminal liability

Crimes involved in the exemption 1. Theft; 2. Estafa; and 3. Malicious mischief. Persons exempted from criminal liability 1. Spouse, ascendants and descendants, or relatives by affinity in the same line; 2. Widowed spouse with respect to the property which belonged to the deceased spouse before the same passed into the possession of another 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together. Only the relatives enumerated incur no liability if the crime relates to theft (not robbery), swindling, and malicious mischief. Third parties who participate are not exempt. The relationship between the spouses is not limited to legally married couples; the provision applies to live-in partners. Estafa should not be complexed with any other crime in order for exemption to operate.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 134

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

No criminal but only civil liability. Title Eleven Crimes Against Chastity Chapter One Adultery and Concubinage 333: Adultery

Woman is married That she has sexual intercourse with a man not her husband That as regards the man with whom she has sexual intercourse, he must know her to be married.

334: Concubinage

RA 9995

Marriage subsequently declared void (valid till voided) Paramour/wife dead Pardon before institution Pardon after institution Pardon one of them Pardon both Implied pardon Consent

Art 333 No bar to Art 333 to wife/man Extinguish No effect Not effect Extinguish Extinguish Bar

No crime of frustrated adultery

MC- abandoned by sps without justification Husband is also unfaithful

The man is married He committed any of the acts: a) keeping a mistress in the conjugal dwelling b) having sexual intercourse under scandalous circumstances with a woman who is not his wife ( can be merely inferred) c) cohabiting with her in any other place ( as H & W) Anti-Photo and Video voyeurism Act * check SBC mem aid Chapter Two

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 135

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Acts of Lasciviousness 336: Acts of lasciviousness

That offender commits any act of lasciviousness or lewdness That the act of lasciviousness is committed against a person of either sex That it is done under any of the following circumstances: a) by using force or intimidation b) offended party is deprived of reason or otherwise unconscious c) by means of fraudulent machination or grave abuse of authority d) when the offended party is under 12 yo or is demented

Absent any

Unjust vexation

With intent to rape but was only able to commit preparatory acts

Attempted rape

Exactly 12yo

Still 336

There is no attempted and frustrated acts of lasciviousness

Chapter Three Seduction, Corruption of Minors, and White Slave Trade 337: qualified seduction

First: Seduction of a virgin over 12 years and under No sex only lewd designs 18 years of age by certain persons, such as a person in authority, priest, teacher; and Girl gave consent Elements 1. Offended party is a virgin (physical virginity), which is presumed if she is unmarried and of good reputation; 2. She is over 12 and under 18 years of age; 3. Offender has sexual intercourse with her; 4. There is abuse of authority, confidence or

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Under these: a) by using force, threat, or intimidation b) when the woman is deprived of reason or otherwise unconscious c) By means of fraudulent

Art 339

Still 337 Rape by sexual intercourse

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pahina. 136

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished relationship on the part of the offender.

Second: Incest

Modified ELEMENTS

Crime TWO

machinations or grave abuse of authority d) when the woman is under 12 yo or demented illegitimate

Still 337

Not a virgin

Still 338

Abuse of confidence or relp

ART 337

Upon a male

Acts of lasciviousness

With OTHER Crimes

Circumstances I- inherent A- aggravating

Seduction of a sister by her brother, or descendant by her ascendant, regardless of her age or reputation

338: Simple Seduction

Offended party is over 12 and under 18 yo She must be of good reputation, single or widow Offender has sexual intercourse with her It is committed by means of deceit useless 339: Acts of Offender commits acts of lasciviousness or lewdness Lasciviousness with the The acts are committed upon a woman who is a virgin consent of the or single or a widow of good reputation, under 18 yo offended party but over 12yo, OR a sister or descendant regardless of her reputation or age That the offender accomplishes the acts by abuse of authority, confidence, relp, or deceit. RA 7877 Anti-Sexual Harassment Act

Committed by any person having authority, influence or moral ascendancy over another in a work, training or education environment when he or she demands, requests, or otherwise requires any sexual favor from the other regardless of whether the demand, request or requirement for submission is accepted by the object of the said act (for a passing grade, or granting of scholarship or honors, or payment of a stipend, allowances, benefits, considerations; favorable compensation terms, conditions, promotions or when the refusal to do so results in a detrimental consequence for the victim). Also holds liable any person who directs or induces another to commit any act of sexual harassment, or who cooperates in the commission, the head of the office, educational or training institution solidarily. OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 137

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Complaints to be handled by a committee on decorum, which shall be determined by rules and regulations on such. 340: Corruption of minors

Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment. Note: RA 7610. Section 5. Child prostitution and other Sexual Abuse- children (male of female), who for money profit, or other consideration or due to the coercion, influence of any syndicate or group, indulge in sexual intercourse or lascivious conduct are deemed to be children exploited in prostitution and other sexual abuse.

341: White Slave Trade

*read SBC mem aid Prohibited Acts: 1) engaging in the business of prostitution 2) profiting by prostitution 3) enlisting the services of women for the purpose of prostitution.

Single act Profit and habituality Profit and habituality Habituality

Corruption of minors

Chapter Four: Abduction 342: Forcible Abduction

343: consented abduction

That the person abducted is a woman; regardless of her age, civil status, or reputation Abduction is against her will That abduction is with lewd design

Under 12 yo

ALWAYS Forcible abduction

No lewd design

Grave coercion/ kidnapping

Attempted rape is absorbed by forcible abduction as the former constitutes the element of lewd design.

Offended party is a virgin She must be over 12 and under 18 yo Taking away of the offended party must be with the consent after solicitation or cajolery from the offender That the taking away of the offended party must be with lewd designs

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 138

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Chapter Five: Provisions relation to the preceding chapters of title eleven 344- 346

* read SBC mem aid Title Twelve Crimes Against the Civil Status of Persons Chapter One: Simulation of Births and Usurpation of Civil Status

347: simulation of births, substitution of one child for another, and concealment or abandonment of a legitimate child

348: Usurpation of Civil Status

Acts punished: 1. Simulation of births; 2. Substitution of one child for another; 3. Concealing or abandoning any legitimate child with intent to cause such child to lose its civil status.

Committed by assuming the filiations, or the parental or conjugal rights of another with intent to enjoy the rights arising from the civil status of the latter.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Person who simulates birth and Principal in 347 person who provides child Father sells child

PD 603 art 59 (3)

Engaged in trading and dealing with children

Child trafficking RA 7610 (sec7)

Purpose: to avoid the obli of rearing and caring for the child committed with intent defraud offended parties and their heirs. Purpose is not to enjoy rights arising from civil status of another

Abandionng a Minor

Purpose is not to enjoy rights

Estafa

Qualified 348 Art 178, using fictitious name

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pahina. 139

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

arising from civil status of another and defraud 3rd persons Chapter Two: Illegal Marriages 349: Bigamy

350: Marriage contracted against the provisions of law

Offender is legally married

Marriage has not been dissolved or, in case the spouse is absent the absent spouse could not yet be presumed dead accdg to the Civil Code That he contracts a second or subsequent marriage That the second or subsequent marriage has all the essential requisites of a valid marriage Offender contracted marriage That he knew at the time that a) the requirements of the law were not complied with b) marriage was in disregard of a legal impediment

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

1st mar is void or voidable and no judicial declaration

Still 349

Death of 1st sps during pendency of bigamy proceedings

Does not extinguish crime

2nd sps who knew of 1st marriage

Accomplice

Person who vouched for the capacity of either of the contracting parties

Accomplice

Offender liable of bigamy

Art 349

Consent of either was obtained by means of

Qualified 350 Source: https://warlita.wordpress.com/right_brained/

pahina. 140

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

violence, intimidation, fraud 351: premature marriages

352: performance of illegal marriages

Persons liable 1. A widow who is married within 301 days from the date of the death of her husband, or before having delivered if she is pregnant at the time of his death; 2. A woman who, her marriage having been annulled or dissolved, married before her delivery or before the expiration of the period of 301 days after the date of the legal separation. Priests or ministers of any religion or civil authorities who shall perform or authorize any illegal marriage ceremony shall be punished under marriage Law

1st husband who died was impotent and married within 301 days

No crime

Not authorized to solemnize

Art 177, usurpation of authority or public function

Title Thirteen Crimes against Honor Chapter One Libel Section One: Definitions, Forms, and Punishment of the Crime 353: Libel

There must be an imputation of a crime, or a vice, or defect, real or imaginary, or any act, omission, condition, status, circumstance That the imputation must be made publicly It must be malicious That the imputation must be directed at a natural

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Criminal intention

Not libel

Opinion by person affected by an act and based on actual fact

Not libel

Different occasions + directed

# persons= # crimes Source: https://warlita.wordpress.com/right_brained/

pahina. 141

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished person or a juridical person, or one who is dead

354: requirement of publicity

RA 4200 355: libel by means of writing or similar means

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

to diff persons Single occasion + directed in a class + general terms + no particular person

No crime

Single occasion + applies to all persons/ group + can prove specifically directed to him

Separate actions

Single Article + several identifiable victims

# persons= # crimes

That the imputation must tend to cause the dishonor, discredit, or contempt of the person defamed PRESUMTION: every defamatory imputation is presumed to be malicious, EVEN IF IT BE TRUE REBUTTED: a) defamatory imputation is true, in case the law allows proof to the truth of the imputation b) it is published with good intention c) there is a justifiable motive for making it Malice is not presumed in cases involving qualified privilege communication. Anti-wire Tapping Act 1. Writing; Through amplifier system 2. Printing; 3. Lithography; Made in the heat of passion + 4. Engraving; threat 5. Radio; 6. Photograph;

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Slander Serious threats

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pahina. 142

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

356: threatening to publish and offer to prevent such publication for a compensation 357: Prohibited Publication of Acts referred to in the course of official proceedings Aka. GAG Law

Crime TWO

7. Painting; 8. Theatrical exhibition; 9. Cinematographic exhibition; or 10. Any similar means. Form or Blackmail Acts punished 1. Threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his family; 2. Offering to prevent the publication of such libel for compensation or money consideration. Offender is a reporter, editor, or manager of a newspaper, daily or magazine He publishes facts connected with the private life of another Such facts are offensive to the honor, virtue, and reputation of said person

358: Slander ( oral defamation)

359: Slander by

Modified ELEMENTS

Offender performs any act not included in any other

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

With OTHER Crimes

Circumstances I- inherent A- aggravating

RA 1477: reporter cannot be compelled to reveal informant unless Congress demands it for state security Not heard by offended

Still 358

Not serious and insulting Otherwise

Simple slander Grave slander

Gossiping + defamatory Gossiping + not defamatory

Slander Intriguing against honor

In gf and reply + without malice Not serious and insulting

Self defense Simple slander by deed Source: https://warlita.wordpress.com/right_brained/

pahina. 143

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished deed

crime against honor That such act is performed in the presence of other persons That such act casts dishonor, discredit, or contempt upon the offended party

Crime TWO

Otherwise

Grave slander by deed

No intent to dishonor

Art 226, Maltreatment by deed Unjust Vexation

To irritate or annoy only

With OTHER Crimes

Circumstances I- inherent A- aggravating

Section Two: General Provisions 360: persons liable for libel

361: proof of truth

362: libelous remarks

1) person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means 2) the author or editor of a book or pamphlet 3) the editor or business manager of a daily newspaper magazine or serial publication 4) 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 When admissible in a charge for libel: 1) when the act or omission imputed constitutes a crime regardless or whether the offended party is a private individual or a pub off 2) when the offended party is a govt employee, even if the imputation does not constitute a crime provided it is related to the discharge of his official duties Libelous remarks or comments connected with the matter privilege under art 354, if made with malide, shall not exempt the author thereof not the editor or managing editor of a newspaper from criminal liability Chapter Two: Incriminatory Machinations

363: incriminating innocent persons 364: Intriguing against Honor

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 Committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

gives false statement before an officer

perjury

Source know + public and malicious + facts claimed true

Defamation

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pahina. 144

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

Modified ELEMENTS

Elements/ acts punished

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

Title Fourteen Quasi- Offenses Sole Chapter: Criminal Negligence 365: imprudence and negligence

Quasi-offenses punished 1. Committing through reckless imprudence any act which, had it been intentional, would constitute a grave or less grave felony or light felony;

Lack of precaution displayed in which the damage impending to be caused is not immediate nor the danger clearly manifest.

MC and AC relative to Art 64 is not applicable. MC: contributory negligence.

2. Committing through simple imprudence or negligence an act which would otherwise constitute a grave or a less serious felony;

Last clear chance

Liable

Emergency rule

Not liable

3. Causing damage to the property of another through reckless imprudence or simple imprudence or negligence;

Many injured/ deaths

One offense only

Qualifying Circumstance” failing to lend on the spot help to victims of his act of negligence.

4. Causing through simple imprudence or negligence some wrong which, if done maliciously, would have constituted a light felony. Reckless Imprudence: a) offender does or fails to do an act b) that the doing of or failure to do that act is voluntary c) that it be without malice d) material damage results OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

Source: https://warlita.wordpress.com/right_brained/

pahina. 145

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE Elements/ acts punished

Modified ELEMENTS

Crime TWO

With OTHER Crimes

Circumstances I- inherent A- aggravating

e) that there is inexcusable lack of precaution on the part of the person performing or failing to perform such act taking into consideration: - employment or occupation - degree of intelligence, physical condition - other circumstances regarding persons, time and place Dedicated to all my friends who will take the 2014 bar exams!

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala I will live my life to the fuNNiest. (BIARES, 2014).

END  OHHlala! ;)

Source: https://warlita.wordpress.com/right_brained/

pahina. 146