J.cornejo - Criminal Law

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

ARTICLE 1 TIME WHEN ACT TAKES EFFECT ARTICLE 2 SCOPE AND APPLICATION OF THE CODE 3 Important Characteristics of Criminal Law 1. Generality 2. Territoriality 3. Prospectivity 1. Generality General → criminal law applies to all who lives/ sojourn within the Philippine territory. Lives → committed a crime here, Phil. Criminal law applies to you Sojourn → even if you are simply passing thru – you are subjected to Phil. Criminal law. General Rule: Who lives / sojourn in the Phil Territory Exceptions: Heads of state, ambassadors, ministers, resident diplomatic Q: Consuls, Vice-consuls? A: not exempt from the operation of Phil. Criminal law 2. Territoriality -

physical boundaries, that would include Phil. Criminal law now will apply to all crimes within the Phil. Territory. Phil. Territory- the land, water and the air

Q: What about the extent of Phil territory? (because of the Phil. boundaries nga?) A: water- formerly 3 mile limit but now 12 mile limit from low water mark. Originally 3 mile limit extended from the low water mark 12 mile limit from the low water mark- by virtue of the New Convention of the Law on the Sea, which was ratified in 1982 by member states, 50+ member states, 52/55 expand the territorial water jurisdiction of Phil. Criminal Law Exemptions to the Territoriality Characteristics of Phil. Criminal Law are found in Art. 2 of the RPC (memorize)  

meaning Phil. Criminal law will apply to those persons who committed it even outside the Phil. Territory so, it applies to all those who commit an offense while on board/ Philippine ship/airship it shall apply to those who counterfeit currency notes, bank notes, coins which have been issued by the government of the RP, it shall apply to those who are responsible for the introduction of those counterfeit, bank notes that has been forge; public officials and employees who commit offenses in the course/ discharge of duties/official functions as

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such; and to those who commit crimes against national security and the law of the nations 5 Exceptions - that Even Committed Outside the Philippine Territory Air, Land and Water Still Subject to Philippine Criminal Law 1. Crime committed within a Philippine ship or airship. 2. Forgery is committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true genuine document or by erasing, substituting, counterfeiting, or altering by any means the figures, letters, words or signs contained therein. 3. If forgery was committed abroad, it must refer only to Philippine coin, currency note or obligations and securities. 4. A public officer or employee who commits a crime related to the exercise of his office. 5. Title I of Book II on crimes against national security and the law of nations covers treason, espionage, provoking war and disloyalty in case of war, piracy and mutiny but not rebellion. Note: When rebellion is committed abroad, the Philippines will not acquire jurisdiction because rebellion is a crime against public order. Board/ Phil. Ship/ Airship  it is not a question of ownership of a vessel  it is a question of registration  where it was registered  for our court to acquire jurisdiction, it must be registered in accordance of our Phil. Laws  even it was Filipino owned but not registered under our law, even if the crimes committed there, we do not have jurisdiction  registration in the Bureau of Customs  for as long as the crime committed on board of Phil ship / Airship Q: What if the crime is committed on board on a warship? A: Of course internationally accepted that would fall under the jurisdiction - still which the country to which that warship belongs, even if it is here within the Phil. Territory, if the crime is committed in that warship that is still considered an exception in the territory of the country to which that warship belongs. Q: Crime committed on board of foreign merchant vessel? A: 2 rules: a. French rule - if the crime committed on board of a foreign merchant vessel. Example: Here in our territory, under the French rule, we do not have jurisdiction except if that crime even if on board of a foreign merchant vessel affects public order/ national security b. English rule - the crime is committed on board of a foreign merchant vessel which is situated in Phil. territory, it is subject to our jurisdiction except if that crime relates to internal affairs/ internal management of the foreign merchant vessel. Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum 3. Prospectivity  the law will apply only to facts, circumstances, events, transactions after the promulgation of the law

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BOOK ONE

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo so the law must made to apply forward, it may not apply backward, it cannot be given a retroactive application, that is the rule Exception: If it is favorable to the accused, it is not enough that RA is favorable to the. The accused must not be habitual delinquent (HD) HD - Art. 62 2 requisites must concur: 1. RA is favorable to the accused 2. He must not be a HD Q: Who / What is HD? A: It is a special aggravating circumstance because it adds to penalty  if within a period of 10 years, reckoned from the date of his last release or the last conviction (2 reckoning point)  of the crimes of (any of the crimes of) serious physical injuries, less serious physical injuries, robbery, theft, estafa and falsification, is found guilty of any of the said crimes, the third time or oftener

 

not penalty, subjected to a battery of psychological test he did not to do it on his own - forced to do it

3. Protective / Utilitarian Case Facts: Violation of BP22, he was being made to pay something, the alleged creditor would not have any cash out, there is a propensity to fool somebody who is already in a dire straight -he took advantage on the accused. Held - SC: Criminal Law, the penalty provided under the criminal law is not there to protect society only from actual wrongdoers, but likewise from potential wrongdoers. Those who have propensity/ intonations to commit a crime ARTICLE 3 FELONY Art. 3 relate to Art. 4 Art 3- defines what a felony is Art. 4- how is criminal liability incurred Q. What is a felony? Art. 3, a felony is an act or omissions punishable by law.

Take note the effect of repeal of the Penal Law a.) New law provides a lighter penalty than the penalty provided in the old law with respect to a crime then the new law will apply because it is favorable to the accused but remember he must not be a HD

Q. Did he incur criminal liability? A. Go back to Art. 3 & 4

b.)What if the new law provides a heavier penalty? At the time of the commission of the crime, then you apply because it is not totally repealed, its only that it apply to the same offense but the point th4e lighter penalty in the old law that would have to be made to apply.

Q. How is criminal liability incurred? A. Felony is an act/omission punishable by law it could be by means of dolo (deceit, intent) culpa (imprudence, negligence, lack of foresight/skills)

c.) What if the new law does not anymore penalize the act which has been penalize before the old law the crime is obliterated acquitted Schools of Thought 1. Classical Theory 2. Positivist Theory 3. Protective / Utilitarian 1. Classical Theory  Man is considered a creature of absolutely free will (voluntary)  Wherefore he has a choice  If he chooses to do wrong, he will suffer the consequences  If he chooses to be right, fine!  Purpose of penalty retribution 2. Positivist  does not do it voluntarily but there is a strange and morbid phenomenon that compels it to do the act  psychological  did not really mean to commit the crime but compel him by a strange or morbid phenomenon to commit the crime

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Q. How is that act/omission? A. Either dolo or culpa.

2 Basic Kinds of felony 1. Intentional felonies 2. Culpable Felonies Q. What are the elements: Art 365 Culpable A. Intentional vs. Culpable -freedom -freedom -intelligence - intelligence -intent -negligence Act - overt act, violation of law, you penalize it Omission - why it is omission of a felony? or punishable by a law? Omission - we do not do anything - inaction, Q. So why do we penalize for something we do not do? A. because there is a law that tells you to do this, if you do not to do this, so you omit the obligations to do. Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum Example Treason (misprision) you are aware of the conspiracy to commit treason- you have to report it to the proper authorities. ARTICLE 4 HOW IS CRIMINAL LIABILITY INCURRED

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NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

By any person committing a felony (delito) although the wrongful act done be different from that which he intended. Discussion before you can incur criminal liability - you do a felony, if you do something which is not a felonious, you may be civilly liable but not criminally liable Q. So how do you incur criminal liability? A. If you perform a felony Definition of felony It is an act/omission punishable by law, if the act is incorrect merely or otherwise but it is not punishable by law and you commit it but it appears that it is morally wrong but not punishable by law, you do not incur criminal liability. Example Q. A commit suicide and she jumps from a building and nibagsak sya kay B, did A incur criminal liability? A. No, the act is not felonious. Suicide is not a felony. Even it is immoral. Opinion: He can be liable for reckless imprudence resulting to homicide Judge Cornejo: those person who commit suicide, there’s something in their head (when you go up in the tallest building) di kana titingin kung may madadaganan ka pa), I do not subscribed to the opinion. The only question is if there is a criminal liability - if your act is felonious. If the act is not felonious, you will not incur criminal liability. To be able to incur criminal liability, 2 requisites must concur: 1. The act is felonious 2. The act is the proximate cause of the injury Concept of Proximate Cause The cause of the cause is the evil caused Q: How it is defined in criminal law? A: People vs Iligan It is that cause which in the natural & continuous sequence of events unbroken by any events, unbroken by any active intervening cause produces an injury without which the result would not have result. Q: When there is a proximate cause? A: From the cause to the effect nothing must happen in between ___________________________________________________ Proximate cause Effect which is the result Case of Rockwell:

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Offender punched the victim, the victim fell on the floor (cemented pavement), he did not die, while on the ground, dumating si horsie horsie!!! Dead. Q: Was the punching - that is an exertion of violence, protective of injury? Was the punching, that is a felonious act is the proximate cause of the death of the victim? A: From the cause which is the act to the effect of the death nothing must happen in between, o di ba may nangyari the horsie, horsie,. The intervening cause - horsie horsie Case of Rockwell vs Case of Chuaco In Chuaco Case, the horse is not in the scene Punched -died of cerebral hemorrhage → incur criminal liability → from the cause to the effect there is no intervening People vs. Iligan  may view that the concept of Proximate Cause was modified  the victim was hacked on the head and then he run until he reached the highway and he fell and run over by the vehicles.  SC said: It was still a proximate cause even if the immediate cause was the running over. Judge Cornejo: it is not modified → explained by the Supreme Court, that it is a mortal wound na eh!  Highway - mabilis ang takbo ng vehicles so you do not consider that as an efficient intervening cause  it was an isolated case  you do not drive less than 100 km per hour → still it is the same concept Felonious Act - effect “nothing happened in between” Factors Affecting Intent and Correspondingly the Criminal Liability 1. Mistake of Fact 2. Error in Personae (Mistake in Identity) 3. Aberratio Ictus (mistake in the victim of the blow) 4. Proximate Cause 1. Mistake of Fact If you commit an act which is felonious, because it is punishable by law but you did it under a mistake of fact, you will not be criminally liable Requisites (the 3 must concur): 1. That act would have been lawful had the facts been as the accused believe them to be- the act would have been lawful nakapatay ka 2. The intention of the accused in performing the act must be lawful 3. No negligence/carelessness on the part of the accused U.S. vs. Ah chong killed the victim, absolved because of mistake of fact→ voluntary yan but under different special circumstances kaya siya na absolve, fall under the concept of mistake of fact. 1. The act would have been lawful had the facts been as the accused believe them to be. Example

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Q. How is criminal liability incurred? A. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

2. Error in Personae (Mistake in Identity) If the act is criminal act but as was committed not under the mistake of fact, it was voluntary, it was with knowledge, he knew what he was doing, talagang penalize siya, only that there is a mistake in the identity of the victim. Criminally liable. Example A intended to kill B but A killed C instead Q: Will A be liable for killing C? A: Naturally, liable 3. Aberratio Ictus (Mistake in the vicitim of the blow) A intended to shoot B, but A fired to C- mistake in the blow (Aberatio Ictus) → liable Example The husband stopped the wife from talking, punched the pregnant wife…but there is no intention to kill the wife, intention to exert of violence into her person, to stop her from talking. There is intent to cause harm but no intent to kill the wife. No intention to commit so grave / praeter intentionem - criminally liable Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum Impossible Crimes By any person performing an act which would be an offense against persons or property, were if not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means Q: Is it a crime? A: technically, No! Impossible crime is not a crime because the act is not a criminal act it would be an offense or it would have been an offense against person or property for if not for the impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. Q: Then if it is not a crime why it is penalize? A: it is penalize because the fact of the commission of that act, how which is not for the productive of a crime, against person/ property, he has shown his criminal propensity, intention to commit a crime only that he do not accomplish the crime because it is inherently impossible. The criminal propensity, criminal tendency that is the one which is penalize, not the crime itself, because technically it is not a crime. Example Q: A intended to kill B, A went to the house of B, he saw B lying on the bed, believing that B was sleeping but in fact B died in a cardiac arrest and A stabbed B. Had the person (B) has been alive at the time of stabbing homicide/murder

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A: the point is A will not be liable for murder/homicide, because he cannot kill somebody who is dead (inherent impossibility on account of the employment of inadequate ineffectual means) Example Buying a substance, you knew it is a poison but it is sugar so your intended victim did not die. For purposes of impossible crime The act would be an offense Additional According to the SC The act should not constitute another violation of any other provision in the RPC Case: Intod vs. Court of Appeals Offenders intended to kill Mr. X, so they conducted a surveillance there is evident premeditation (go out, what time?), so on the day they decide to execute their plan to kill Mr. X, they TA! TA! TA! TA! And yet the house specifically the room - the supposed victim is not there, Mr. X is somewhere else Argue in the SC: attempted murder, they tried to kill but he was not there Another Justice - impossible crime How can it be - when one of the requisite is when the act must not constitute any violation of the RPC, eh di ba TA! TA! TA! Caused damage to the property, that is a violation of the RPC.  modified version of the impossible crime  hindi pumasok yung last provision- that do not constitute another violation of any other provision of the RPC  but they considered it as an Impossible Crime, because of the inherent impossibility  kapag attempted murder dapat andun yung tao and about to commit the crime  definition of a felony  not attempted/ frustrated stage in Impossible Crime ARTICLE 5 THERE IS NO CRIME WHEN THERE IS NO LAW THAT DEFINES AND PUNISHES IT ARTICLE 6 STAGES OF EXECUTION OF FELONY Different Stages of Execution of felony 1. Consummated 2. Frustrated 3. Attempted Discussion  hindi ito crime  Attempted murder or is hereby found guilty beyond reasonable doubt of the crime of attempted murder as defined and penalized in Art. 248 of the RPC in relation to Art. 6 - stages of execution of a felony attempted homicide as defined and penalized in Art. 249 of the RPC in relation to Art. 6

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He slept, locked the door, he heard somebody knocking trying to open the door, he taught it was a murderer. But before he opened / before he killed the victim, the intention was to protect himself or defend himself, because he believes there is somebody trying to kill him, but he was not careless, not negligent, because he asked - sino yan, sino yan? bukas bukas pa din—3rd time asking, upon opening the door he killed the person and after that he found out that it was only his roommate → He is acting in self-defense which is lawful → No fault or carelessness / negligence, precisely he was calling / asking 3 times

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo 1. Consummated All the essential elements of the crime are consummated Example He kills somebody - die sya - consummated the moment you put that thing, you have control, consummated na but there are certain instances the consummation/frustration of the crime will depend on the disposability of the articles taken. Case: People vs. Espiritu Rifles they put it in a truck then at the checkpoint the rifles were found, they were unlawfully taken Consummated? No! SC: it is simply frustrated because they could not have easily disposed the rifle Case: People vs. Bino – they got hospital linen from the placed it was stored. They loaded it in the truck. Na-check point sila SC: consummated, because the linen is easily disposable So it would depend on the disposability of the articles taken for the purposes of the consummation 2. Frustrated Offender performs all the acts of execution, which would produce it by reason of some cause independent of the will of the perpetrator perpetrator - offender offender - he is the one who commit a crime all the acts of execution- naperform na nya

execution by reason of some cause or accident other than his own spontaneous desistance Attempted a. Commences directly by overt acts b. If the act is preparatory he has not reached the attempted stage of felony  overt means direct external / outer  for the purpose of attempted felony the overt act must have a direct relation to the crime intended to be committed  not necessary that there is a physical act because the physical act may be preparatory or overt act  overt act may have a relation to be the crime intended to be committed Example Q: Person decides to kill somebody, he goes to the drug store, and buys rat killer intended to mix that to be fed to the intended victim. His acts in purchasing rat killer, has reached the attempted stage? A: NO! preparatory lang yan dib a, no direct relation in his mind has a direct relation, but in the state of his mind, so it is a preparatory act, malay mo maraming rats talaga, so it is different however he comes home he mixes the poison on the food, he attempted to feed it, overt act, attempted homicide, because the direct relation. Paano magiging attempted? Susubo pa lang nya and the cat went to him, cat ate it and the cat died → attempted, take note that he did not feed because of some cause other than his spontaneous desistance No attempted

3. Attempted The offender merely commences, merely begins the performance of the act, the commission of the crime directly by overt acts Frustrated → naperform na lahat Attempted → be merely begins, merely commences, how? By directly overt acts, but does not perform all the acts of

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Impossible Crime Homicide Arson Notes: You put flammable articles, nibuhusan mo ng gas, overt act attempted Rape - no frustrated- only attempted and consummated Consummated rape, when? Slightest penetration of the ano into the ano is already consummated di na kelangan to go deeper, slightest penetration, for as long as there is a slightest penetration What if walang penetration? yung hugging lang, kasi obviously may intent, for example, you undress a woman, the male organ, walang penetration that is attempted it is not acts of lasciviousness why you place your thing over her thing without intent to, attempted but the moment slightest penetration - consummated Attempted – male organ was placed and nagkiskis dun sa thigh nung girl. No penetration SC: that is only an attempted rape. It simply constituted the strange thing of the castle of the orgasmic potency or the shelling of the variable passion. Example They inflicted injury on the victim, believing the victim has already died? Survive, is that frustrated homicide? They belief is immaterial. What matter is if all the acts of execution were performed.

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Examples a. Frustrated Homicide - offender performs all the act of execution if the offender has inflicted a mortal wound (sufficient to cause death) (fatal would yan) nisaksak mo in the dibdib - consummated but if you have inflicted of a mortal wound and then you have change of heart ikaw na mismo ang nagdala sa hospital or because you are a doctor, you save his life- frustrated, because the prevention of the commission of the crime/ consummation of the crime is due to you b. you inflicted the mortal wound, doctors came in, administered the necessary medication and necessary healing that save his life- frustrated, the offender performs all the act of execution that would produce a homicide as a consequence kasi mortal wound na sufficient to death but nevertheless homicide is not committed coz the victim did not die, why? Due to some cause not on the will of the perpetrator but due to the will of timely medical assistance c. Rape- no frustrated d. Arson- no frustrated e. Impossible Crime- no frustrated

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

Light Felonies Are punishable when consummated except those against person or property. Generally: when consummated Except: attempted theft, attempted homicide Example Oral defamation Slander ARTICLE 8 CONSPIRACY Q: When is there a conspiracy? A: When 2 or more persons come into an agreement concerning the commission of the crime and decide to commit it. Conspiracy can be taken into 2 senses: 1. Generally as a mode of incurring criminal liability or it is taken as a crime itself only when expressly made a crime under the RPC / law 2. If conspiracy is not expressly made a crime under the law specifically the RPC and conspiracy is simple a mode of incurring criminal liability. 1. Conspiracy as a Crime It is defined in the law as a crime Example Conspiracy to commit treason, rebellion, coup d’etat, sedition, particular penalty for as long it is defined a crime and gives a penalty, conspiracy is a crime but if it is not made/expressly made a crime, more it is given a penalty in the RPC, it is simple a mode of incurring criminal liability. 2. Mode of incurring criminal liability Because the act of 1 is the act of all Example Even if I, even if Mr. X is the only one who materially perform the act, even he is the one who directly stabbed and killed the victim, kami we were there, did not participate in the actual killing for as long as it can be establish that we conspired to kill, then, we are likewise liable as Principals. Q. Mode of incurring liability – when do you incur criminal liability? A. When you perform an act or felony. So you perform an act, you are the one who killed the victim, kami hindi but we conspired to commit a crime, in any other manner, we conspire to kill the victim, we are equally liable as to his death, as Principals, but of course in conspiracy, it must be established clearly and convincingly as the crime itself although there is no direct evidence of conspiracy of course its inferred from circumstantial evidence, was there some agreement if any part is done by them that would show there is common decide to commit a crime, there is conspiracy.

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Even we say there is a conspiracy, because the act of 1 is the act of all, they conspire but if somebody or one of the conspirators try to prevent the commission of an act which was not one of those agreed upon, he cannot be held liable. Example: We conspire to kill A but napatay na then susunugin yung bahay but you prevent it, you may not be held liable for arson General rule: the act of 1 is the act of all Exception: if 1 of the conspirators try to prevent the commission of another act which was not agreed upon. Proposal to Commit a Felony A mode of incurring criminal liability, is likewise a crime only if it is made expressly a crime under the RPC Examples Proposal to commit treason, proposal to commit rebellion, proposal to commit sedition  

if it is made expressly made a crime it is not necessary that a proposal is accepted, mere proposal even if not accepted, it is made a crime in so far as the offense and liable, not specifically made a crime it must be accepted perjury

Example I decide to induce him to execute a false affidavit, propose the execution, if he will not accept my proposal. He is not liable Accept → both will be liable, Principal by Inducement Q: What if several persons were charged as conspirators, ½ have been acquitted, the last are guilty/ convicted, is there something wrong? A: No, People vs.  → Nothing irregular because conspiracy is a mode of incurring criminal liability. ARTICLE 9 GRAVE, LESS GRAVE, LIGHT FELONIES ARTICLE 10 SPECIAL PENAL LAWS ARTICLES 11 TO 15 Art. 11 Justifying Circumstances Art. 12 Exempting Circumstances Art. 13 Mitigating Circumstances Art. 14 Aggravating Circumstances Art. 15 Alternative Circumstances JEMAA – they are referred to as modifying circumstances. Q. Why modifying? A. Because they modify either to increase or decrease the degree of criminal liability of a particular accused. J – there is no criminal liability E – there is no criminal liability M – there is criminal liability but reduced A – there is criminal liability but liability is increased or if it is in the nature of qualifying aggravating circumstance then the crime is changed. It changes the nature of the crime.

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ARTICLE 7 WHEN LIGHT FELONIES ARE PUNISHABLE

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

Justifying vs. Exempting 1. J – there is no crime, there is no criminal liability because the act is justified (neither crime nor criminal) E – there is a crime but there is no criminal Because the criminal or perpetrator of the act is exempt from criminal liability 2. J – since there is no crime, there is no civil liability except Paragraph 4 → state of necessity or avoidance of greater injury. (We all know even in criminal procedure – civil liability flows from the commission of the crime so if there is no crime, there is no source from which the civil liability might flow or spring) E – since there is a crime, there is civil liability. There is no criminal liability but there is civil liability except paragraphs 4 (accident) and 7 (insuperable cause). Meaning: with respect to paragraphs 4 and 7 there is neither criminal liability nor civil liability. JEM – invoked by the accused. Aggravating – invoked by the prosecution for the purpose of increasing the degree of criminal liability of the accused. The prosecution is requesting and trying to prove to the court that this circumstance should be appreciated against the accused in the commission of the crime so as to increase the criminal liability of the accused. ARTICLE 11 JUSTIFYING CIRCUMSTANCES 1. Self – defense (SD) 2. Defense of Relatives (DR) 3. Defense of Strangers (DS) 4. State of Necessity or Avoidance of Greater Evil 5. Fulfillment of a Duty 6. Obedience to Superior In self-defense, defense of relatives and defense of strangers, the first two elements of these three defenses are the same: 1. Unlawful aggression from the victim 2. Reasonable necessity of the means employed to prevent or repel the unlawful aggression They differ in the 3rd requisite: SD – lack of sufficient provocation on the part of the person defending himself DR - in case the provocation was given by the person attacked, that the one making the defense (the accused) had no part therein / even if the relative being defended gives the provocation, it is important that the person defending had no part in the provocation. DS – the person defending the stranger was not motivated by hate, revenge, resentment or other evil motives.

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The unlawful aggression should have come from the private offended party. In all these defenses the indispensable requisite is unlawful aggression. Q. Why unlawful aggression is indispensable? A. Because if there is no unlawful aggression, the second requisite (which is reasonable necessity of the means employed to prevent or repel the unlawful aggression) has no basis because you are invoking SD, DR, DS so the unlawful aggression should have come from the victim. Meaning without the unlawful aggression, there is nothing to prevent or repel. Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum Incomplete Justifying Circumstance (IJC) – if not all the conditions are present Q. What is the effect of IJC? A. It is a privileged mitigating circumstance (PMC). Q. What is the effect of PMC? A. It serves to reduce the penalty by degrees. It is 1 degree lower to the mitigating. Incomplete SD, Incomplete DR, Incomplete DS, Incomplete exempting circumstance – not all the conditions necessary to justify the act or exempt the accused from criminal liability are present. If in any of these defenses (SD, DS, DR) there is no unlawful aggression, even if the two other requisites are present, you cannot invoke of the PMC of IJC because as far as these defenses are concerned, the indispensable element is unlawful aggression coming from the private offended party. Examples: 1. If in SD reasonable necessity of the means employed to prevent or repel the unlawful aggression and lack of sufficient provocation on the part of the person defending himself are present but there is no unlawful aggression → no PMC 2. If in SD unlawful aggression and reasonable necessity of the means employed to prevent or repel the unlawful aggression are present → there is PMC 3. If in SD unlawful aggression and lack of sufficient provocation on the part of the person defending himself are present → there is PMC 4. If in SD one requisite is present, which is unlawful aggression → ordinary mitigating circumstance. PAR. 1 - SELF DEFENSE Requisites: 1. Unlawful aggression from the victim 2. Reasonable necessity of the means employed to prevent or repel the unlawful aggression 3. Lack of sufficient provocation on the part of the person defending himself 1. Unlawful Aggression from the Victim Aggression should have come from the victim of the accused The unlawful aggression must have come from the victim because he is defending himself or defending his relative or

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Example Qualifying aggravating circumstance – killing generally would amount to homicide but there is an attendance in the commission of the crime of qualifying aggravating circumstance of treachery or evident premeditation, the crime is qualified from homicide to murder.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

Q. What is unlawful aggression / What would consist of unlawful aggression? A. It is an action either an actual physical assault coming from the victim or the threat to inflict real injury on the offender and the threat to inflict real injury must be immediate and imminent. The threat to inflict real injury in not merely imagined. Immediate / Imminent – about to happen. There are signs to show that the aggression is about to happen. Example Lumalapit lang sayo yung tao, no threat, you imagined that he will kill you → this is not imminent. It must be at the time the unlawful aggression is still existing If you act / claim in SD, it must be at the time the unlawful aggression is still existing because of you attack somebody after the unlawful aggression has already ceased to exist, that is no longer SD, you are no longer preventing, you are no longer preventing any aggression. When the unlawful aggression ceased to exist → that is simply retaliation. Example Ni-saksak ka nya, umalis na sya tapos ni-attack mo pa sya → retaliation Binugbog ka, after binugbog ka, bumagsak ka, he left and did not do anything else and then you stood up and you followed him and stabbed him. Q. Is that SD? A. No. Tapos na eh! It should be on going or about to happen. You are simply repelling the aggression so the aggression must be existing at the time you reacted. 2. Reasonable Necessity of the Means Employed to Prevent or Repel the Unlawful Aggression - Case to case basis. It would depend on the existence of the aggression as well as the nature and extent of the aggression because you are trying to repel or trying to prevent the aggression so it must be reasonable and must depend on the nature and extent of the aggression. Example Nisampal ka nya, sinaksak mo sya. Is that reasonable? No. Kung sinampal ka, sampalin mo din or suntukin mo. Minura ka, sinaksak mo – that is unreasonable! It must be proportionate to the aggression. So it would depend on the nature and extent or gravity of the aggression. The reasonableness would depend on the existence of aggression. If there is no aggression there is no basis for repelling. 3. Lack of Sufficient Provocation on the Part of the Person Defending Himself Q. What is provocation? A. It is something that would steal somebody to action. Q. What is lack of provocation?

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A. Even if the accused gave the provocation, it was not sufficient. Meaning: kung wala syang ginawang provocation that could have illicited the aggression from the private offended party (POP) or magbigay man sya ng provocation, it was not sufficient to illicit such unlawful aggression from the POP. PAR. 2 - DEFENSE OF RELATIVES Requisites: 1. Unlawful aggression from the victim 2. Reasonable necessity of the means employed to prevent or repel the unlawful aggression 3. In case the provocation was given by the person attacked, that the one making the defense (the accused) had no part therein / even if the relative being defended gives the provocation, it is important that the person defending had no part in the provocation. Q. Who are the relatives? A. Spouse, ascendants, descendants, or legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degrees, relatives by consanguinity within the fourth civil degree. Note: If not included in the list, you are simply acting in defense of a stranger. Spouse must be Legitimate Spouse The spouse must be a legitimate spouse. If common law spouse, that is defense of stranger. There should be legitimate relationship between you and the spouse. Note: The concept of unlawful aggression and reasonable necessity in SD is the same in DR. 3. Even if the Relative Being Defended Gives the Provocation, it is Important that the Person Defending had no Part in the Provocation Example Gerard (brother of Ayce) saw Ayce on the ground about to be hit by the group of Chat. Gerard did not know that Ayce gave the provocation but it was Ayce who started it all. Gerard thought that it was Ayce who was the victim. So what Gerard did, he assaulted the group of Chat. Gerard was acting in defense of a relative even if Ayce was the one who gave the provocation. What is important is that it Gerard was not part of the provocation. PAR. 3 - DEFENSE OF STRANGERS Requisites: 1. Unlawful aggression from the victim 2. Reasonable necessity of the means employed to prevent or repel the unlawful aggression 3. the person defending the stranger was not motivated by hate, revenge, resentment or other evil motives. Q. Who is a stranger? A. A person who is not listed under the concept of relatives. Note: The concept of unlawful aggression and reasonable necessity in SD is the same in DS. 3. The Person Defending the Stranger was not Motivated by Hate, Revenge, Resentment or other Evil Motives

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defending a stranger so the aggression should have come from the victim of the accused.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo Most of these are circumstantial. It is a matter of proof. Example Ariel saw Jessica (a stranger) being mauled by Ayce. Ayce is Ariel’s mortal enemy. Ariel assaulted Ayce. Ariel claimed that he is defending Jessica who was assaulted by Ayce. Nobody knew that Ayce is the mortal enemy of Ariel so it is a matter of proof. What is important is that the person defending was not motivated by hate, revenge, resentment or other evil motives. PAR 4 - STATE OF NECESSITY OR AVOIDANCE OF GREATER INJURY / EVIL Requisites: 1. That the evil sought to be avoided actually exists; 2. That the injury feared be greater than that done to avoid it; 3. That there be no other practical and less harmful means of preventing it.

4. 5. 6. 7.

accordance with the provisions of Article 80 of this Code. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. Any person who acts under the compulsion of irresistible force. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause.

1. An Imbecile or Insane Person Unless the Latter has Acted During a Lucid Interval Imbecility – the person has the mentality of a child 2 to 7 years old. It is not the chronological age. Lucid – aware of what he is doing

Example Faye was driving her Jaguar car in the zigzag road, head on collision with a bus. If she swerves her car to the left, she would hit a pedestrian. If she swerves her car to the right, she would fall and would die. This is avoidance of greater injury, and naturally, greater injury would be her life. So she swerved her car to the left. This is self-preservation. Faye is relieved of criminal liability because she acted in avoidance of greater injury. Hence, she has to bear the civil liability for any damages that she caused to the victim. OBEDIENCE TO AN ORDER ISSUED BY A SUPERIOR Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum Rules: 1. It must be obedience to a lawful order of a superior. It is not a blind obedience. It must be proved that it is a lawful order of superior. 2. If the accused complied with an unlawful order under a mistake of fact, he has no liability. He will not be criminally responsible. 3. If he acted in compliance with an order which is clearly and patently 7unlawful, he cannot invoke the defense of acting in obedience to a lawful order. Q. What if he acted in obedience to an unlawful order but he acted in obedience because of an irresistible force or under a compulsion of an uncontrollable fear? A. He is not justified but he will be exempt under Art. 12. ARTICLE 12 EXEMPTING CIRCUMSTANCES The following are exempt from criminal liability: 1. An imbecile or insane person unless the latter has acted during a lucid interval. 2. A person under nine years of age. 3. A person over nine (fifteen na as amended by RA 9344) years of age and under fifteen (eighteen RA 9344) unless he has acted with discernment, in which case such minor shall be proceeded against in

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Insanity – the act must have been performed by the accused in a state of total deprivation of intelligence. Insanity would include schizophrenia and epilepsy. Example Gerard does not know what he is doing at the time he committed the crime because even if he has been declared insane but at the time he committed the act, he was acting during lucid interval that is not exempting. Because if he did it under lucid interval (sane or aware of what he was doing) from his insanity (declared or diagnosed insane) → not exempt. Note: Burden of proof is on the accused to prove that he is exempt / insane 2. A person under nine years of age. 3. A person over nine years of age and under fifteen unless he has acted with discernment, in which case such minor shall be proceeded against in accordance with the provisions of Article 80 of this Code. Minority – under the RPC, if he is under 9 he is exempt. But by virtue of R.A. 9344 or The Juvenile Justice and Welfare Act of 2006 (Kiko Pangilinan Law) → under 9 or over 9 but under 15, exempt from criminal liability. 15 or under at the time of the commission of the offense shall be exempt from criminal liability but the child shall be subjected to an intervention program. Q. What about above 15 but below 18 (16 to 17 years old)? A. Exempt but the child shall be subjected to an intervention program in accordance with a particular act unless he acted with discernment (he knows what is right and wrong), in which case, he shall be subjected to the appropriate proceeding in accordance with law. The exemption from criminal liability under R.A. 9344 shall not include exemption from civil liability which shall be enforced in accordance with law. Before R.A. 9344 → Juveniles in Conflict with the Law (A.M. by SC) – it is still consistent. It provides that a minor under 9

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G.R.: There is no but there is civil liability EXC: Paragraph 4. Meaning there is no crime, there is no civil liability.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo at the time of the commission of the offense shall be exempt from criminal liability. Over 9 under 15 at the time of the commission of the offense, he shall be committed to the care of his father or mother or the nearest relative or family friend. If however, the prosecution proved that he acted with discernment, he shall be subjected to appropriate proceedings in accordance with law.

A. IF means actual physical force exerted on the person of the offender. UF means you are being threatened but the force to be exerted on the person of the accused or the threat or intimidation that is employed on the accused that could have prompted him to commit the crime simply reduced him to a mere instrument. He has no choice but to do it.

Prevailing Rule → R.A. 9344 because it was promulgated 2006.

IF → for it to be exempting, always remember did this physical force reduced him to simply being a tool or instrument? He has no choice but do it. Example: Bugbog sarado na sya… Pasasabugin mo ba ito o hindi? Pak! Pak! Pak! Pasasabugin mo ba yung building o hindi? Pak! Pak! Pak! O sige, pasasabugin ko na… 

4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it *Relate this with criminal negligence. Q. Why will I be penalized for something I did not intend to do? Because we said that felony is an act or omission punishable by law committed not only by means of deceit (dolo) but also by means of fault (culpa) Concept of Accident as an Exempting Circumstance Accident as an Exempting Circumstance → there is no criminal liability but in Accident (plain) → there is criminal liability under Article 365 of the RPC. Note: To be exempt from criminal liability, the offender must be performing a lawful act with due care causing injury to another or damage to the property of another. Q. If Charles has a license to drive, he drives his vehicle and in the course of his driving, he hit another vehicle or run over somebody, liable under Art. 365. But why he would liable? (He never wanted that to happen.) A. Because it is in the way that he performed his lawful act. He has a license and he is driving → he is performing a lawful act, but if he caused injury because he performed the lawful act recklessly without due care, then he is criminally liable. It is only when you perform a lawful act with due care can you make use of accident as an exempting circumstance. Example Licensed driver ka and you are driving in the highway, ang bagal bagal mo na nga 20 km/hour, you are reckless? No. Saskia is driving inside the compound of San Sebastian at 70100 km/hour. She is licensed to drive but she is driving in an area where there are kids playing → that is reckless. 5. Any person who acts under the compulsion of irresistible force. 6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

Note: Common denominator of UF / IF → reduced to being a mere instrument Note: It does not mean that he has no more intelligence but it should be he has no more will power or choice. UF Example: You kill this particular person otherwise I will kill your wife or child. He has no choice because it would mean the death of his wife or child. IF / UF → always remember for these to be exempting, he was reduced or the force to be exerted in his person or the intimidation employed was simply reduced him to being an instrument. He has no choice but do it. 7. Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause. Insuperable Cause – it is a cause that cannot be overcome. Example Joan gave birth in the forest so she was so weak and she has to leave her baby to seek for help. She was not able to come back because she was seriously ill, the baby died. She was subsequently, sued for infanticide. Joan said she was exempt. Is Joan correct? Yes. Because she was seriously ill at the time (cause that you cannot overcome) making her go back to her child. Liability in Exempting Circumstance If there is an exempting circumstance, there is a crime and therefore there is civil liability because there is a source from which you get the civil liability except paragraph 4 (accident) and paragraph 7 (insuperable cause). This means that if the exempting circumstance is paragraph 4 or paragraph 7, there is no criminal liability and no civil liability. ABSOLUTORY CAUSES

Rationale Q. Why is the offender exempt from criminal liability if he commits a crime while acting under the impulse of an irresistible force (IF) or compulsion of an uncontrollable fear (UF)?

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Absolutory – means the offender is relieved. Entrapment vs. Instigation Entrapment – the person is engaged in an unlawful activity or the offender is actually doing the crime only that he cannot be arrested so ways and means are resorted to by the police officers to catch him in the act or in flagrante delicto. A common form of entrapment is a buy bust operation.

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Irresistible force & uncontrollable fear – they are connected because both have the same concept.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo Instigation – it is in the nature of inducement. The offender or the one who committed the crime did not even think of committing the crime only that he was instigated to commit the crime and then when he committed the crime, the police officers arrested him. The police officer simply induced him to commit the crime, the offender never even thought of committing the crime from the very beginning. Q. What could be the absolutory cause as between instigation and entrapment? A. Instigation because the offender is simply induced or lead to commit the crime. It is not entrapment because entrapment is valid the police officers are simply catching the offender in the act. The offender had been doing the act before.

G.R. For purposes of Incomplete Justifying and Incomplete Exempting as a Privileged Mitigating Circumstances, the majority of the requisites should be present. Note: if there are 2 or more mitigating and there is no aggravating, it is already a privileged MC, which means it will reduce the penalty by 1 degree. Note: In SD / DS / DR → unlawful aggression should always be present. Even if the majority of the requisites are present for as long as the unlawful aggression is not present → no incomplete justifying. 6. Passion or Obfuscation Passion or obfuscation is an ordinary MC. Obfuscation – is confusion.

ARTICLE 13 MITIGATING CIRCUMSTANCES The following are Mitigating Circumstances: 1. Incomplete justifying or exempting circumstances. 2. Minority / senility (Wala na kasi exempt na) 3. Praeter intentionem 4. Sufficient provocation or threat 5. Immediate vindication of a grave offense 6. Passion or obfuscation 7. Voluntary surrender 8. Voluntary plea of guilt 9. Deaf and dumb, blind or other physical defect. 10. Illness 11. Analogous circumstances Q. What is the effect of mitigating circumstance (MC)? A. It is either to reduce the penalty by period or by degrees.

If you commit an offense under passion or obfuscation, it can be mitigating. Jurisprudence: for passion or obfuscation to be mitigating, it must have arisen from lawful sentiments. Example: A man witnessed a woman taking a bath. He was so aroused that after the woman took a bath, when the woman came out, he raped the woman. The man admitted but he contended that he acted under passion. Held: The Supreme Court said that the man did not act under passion. He acted under lust. Lust was never a lawful sentiment. Q. What if a girl acted because of jealousy? A. Generally, jealousy is an unlawful sentiment but it will be mitigating if it has a legitimate basis. 7. Voluntary Surrender and Confession of Guilt

We do not talk of periods in cases of indivisible penalty. Example Death penalty is indivisible. There is no death minimum, death maximum! 2. Privileged MC – it serves to reduce the penalty by degrees. Reduces the penalty by 1 or 2 degrees. Example 1 penalty is 1 degree R Temporal → Prision Mayor Kinds of Privilege MC: A. Incomplete Justifying B. Incomplete Exempting A & B – meaning not all the conditions are present. Majority of the conditions are present.

Voluntary Surrender Requisites: 1. The surrender must be voluntary 2. The surrender must be unconditional 3. It must be a surrender of oneself. Discussion: There is no problem that in voluntary surrender, the offender acknowledges having committed the crime. The liability is mitigated because by voluntary surrendering, the offender unconditionally placed himself subject to the custody of the authorities. The offender saved the government from the time and expense in looking for him. The offender is given a concession – his liability is mitigated. Surrender must be Voluntary Q. When is voluntary surrender mitigating? A. It must be made immediately after the commission of the crime. Example Paparating na ang mga pulis, the you said, ―I surrender‖. This is not mitigating because what prompted you to surrender yourself is not because you really wanted save the government from the time and expense in looking for you but because palapit na sila. Surrender of Oneself

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Kinds of Mitigating Circumstances 1. Ordinary MC – it serves to reduce the period of the penalty. In cases of divisible, it serves to reduce the penalty in its minimum. Note: We talk of the periods of the penalty if it is divisible because a period is one of the three equal portions of divisible penalty. But it may have an effect with respect to indivisible not single indivisible, if the penalty consists of 2 indivisible penalties.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo Note: You do not surrender the instrument of the crime but yourself Example You killed somebody then pumunta ka sa police station and you said ―Ito sinu-surrender ko na yung bolo, may dugo dugo pa, pinatay ko si Mr. X.‖ This is not mitigating because you simply surrendered the instrument of the crime and not yourself. 8. Voluntary plea of guilt Confession of Guilt (at the arraignment or during the pretrial) / Admission of Guilt Discussion: If you offer to plea guilty to a lesser offense and your offer to plea guilty to a lesser offense is accepted by the public prosecutor and by the private offended party, it is valid and you will be allowed to plea guilty to a lesser offense. Q. Murder under the original information at the time of the pre-trial, you offered to plea guilty to a lesser offense of homicide. Since you pleaded guilty and since you made a confession of guilt in open court, will it be considered as mitigating in your favor? A. No more. For it to be mitigating, it must be a plea of guilt or confession of guilt only to the offense as originally charged in the information and that plea should be a plea of guilt to a lesser offense. 9. Deaf and dumb, blind or other physical defect. Physical defects – you committed it when you are blind or deaf. 11. Analogous mitigating circumstances

4. 5.

Qualifying Special

1. Generic Applies to all kinds crimes Examples Recidivism, habituality 2. Specific They apply only to particular cases Examples Evident premeditation, treachery and cruelty, they are aggravating circumstances but specifically applied to crimes against persons 3. Inherent They are necessarily present in the crime but they are not used in the definition of the crime. They are part of the crime. Examples Abuse of authority / public office is inherent in bribery. Fraud is an aggravating circumstance inherent in estafa. Deceit is inherent in simple seduction. Unlawful entry in trespass to dwelling 4. Qualifying It changes the nature of the crime Examples Abuse of superior strength, cruelty When killing is attended by qualifying aggravating circumstances, that killing will be qualified from homicide to murder. Simple theft can be qualified to qualified theft. Example of Qualifying Aggravating Circumstances – treachery, evident premeditation, abuse of superior strength, cruelty.

Analogous – means similar

If you voluntarily surrendered the stolen property, the Supreme Court said that it would be analogous to voluntary surrender in a prosecution for theft or robbery. Note: There are only analogous mitigating circumstances but there are no analogous aggravating circumstances. Example The judge considered rape as analogous to ignominy or physical injuries as analogous to cruelty. SC said: by express provision of Article 13, there are only analogous mitigating circumstances but no analogous aggravating circumstances. (People vs. Regala, December 2000) ARTICLE 14 AGGRAVATING CIRCUMSTANCES Kinds of Aggravating Circumstances 1. Generic 2. Specific 3. Inherent

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5. Special They arise under special conditions in order to increase the penalty but they cannot be offset by any mitigating circumstances. Example Quasi-recidivism (Article 160 RPC), if after having been convicted of final judgment or before serving sentence or while serving sentence, the offender commits another (new) crime and therefore he will be imposed a penalty with a maximum of the imposable penalty for the new crime. If a crime is committed by a syndicate – syndicated estafa, syndicated illegal recruitment, membership in an organized syndicated crime group. The following are aggravating circumstances: 1. Taking advantage of official position 2. In contempt of or insult to public authorities 3. Age, sex, rank, dwelling 4. Abuse of confidence / obvious ungratefulness 5. Committed in the palace of the chief executive, etc. 6. Nighttime, uninhabited place, band 7. On the occasion and by means of calamity or misfortune 8. Committed with the aid of armed men 9. Recidivism

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Example Extreme poverty – if you commit theft under extreme poverty, it is analogous to state of necessity. This is selfpreservation, you have to live and eat.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo 10. Habituality 11. Price, promise or reward 12. Inundation, fire, poison, explosion, stranding of a vessel etc. 13. Evident premeditation 14. Craft, fraud or disguise 15. Abuse of superior strength 16. Treachery 17. Ignominy 18. Unlawful Entry 19. Breaking of wall, roof, floor, door or window 20. Aid of minor, use of motor vehicle 21. Causing other wrong not necessary for its commission

3. Committed anywhere in the presence of the president Q. What if the crime was committed in the Arlgeui Residence which is situated in the Malacanan grounds? A. It is not aggravating (unless in the presence of the president) because the term “palace” contemplates Malacaňan Palace only. Note: The Arlegui Residence was built during the time of President Corazon Aquino because Pres. Aquino does not want to live in Malacaňan Palace so a house was built for her inside the Malacaňan grounds. 6. Nighttime, uninhabited place, band

1. Taking advantage of official position 2. In contempt of or insult to public authorities This is a generic aggravating circumstance. Public Authorities – do not include the agents of persons in authority.

Discussion: For these three aggravating circumstances to be appreciated against the accused, the crime was committed in order to facilitate the crime. Nighttime It is not enough that the crime was simply committed at night time.

3. Age, sex, rank, dwelling

Q. The mother was walking along the street where a house is situated where her daughter is working as a household helper. The mother heard the daughter crying (the daughter was verbally and physically abused). The mother entered the dwelling of the employer of the daughter and assaulted the employer. Is dwelling aggravating? A. No. Because the offended party here, who is the employer gave the provocation. Note that the mother is still liable only that her liability will not be aggravated. Q. If the offender enters the dwelling of another person who has not given provocation. Inside the dwelling he dragged the victim. Outside the dwelling, he assaulted the victim. Can dwelling be appreciated against him? A. Yes. For as long as the violence or assault started inside the dwelling. Against the offended party who has not given the provocation. Q. What if from the outside, there is no entry into the dwelling, but from the outside “nibaril nya” yung private offended party who was there inside. No provocation on the part of the private offended party. Is dwelling aggravating? A. Yes. The violence was committed there although from the outside and the victim gave no provocation. Note: Burden of proof → prosecution 4. Abuse of confidence / obvious ungratefulness 5. Committed in the palace of the chief executive, etc. Situations: 1. Committed in the palace 2. Committed in the palace in the presence of the president

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Example You killed somebody now (nighttime) but there is no showing that you purposely waited for night time to facilitate the commission of the crime. It just simply happens that the crime was committed at nighttime. Nighttime in this case is not aggravating. Nighttime will only be aggravating to increase the criminal liability of the accused if it can be shown that it was purposely sought for to facilitate the commission of the crime. Q. Why? A. Because pag night time mas mahirap ang identification lalo na kung maitim sya  The Crime is Committed in an Uninhabited Place Example You want to kill him in a far place, in a warehouse or bodega, wala syang means of escape or he cannot ask help from anybody. In this case, uninhabited place was purposely sought for the commission of the crime. The burden of proof - is in the prosecution that it is an uninhabited place. Na hinanap yan or dinala sya don for the victim not to be able to seek help from anybody. Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum By a Band This is not a rock band  This is a criminal band. Q. When is a crime considered to have been committed by a band? A. If there are more than 3 armed male factors who committed the crime. Note: 4 male factors - 3 of them armed and 1 not armed → no band Note: There is another aggravating circumstance that speaks of armed men (No. 8 of Article 14).

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Dwelling Q. When is dwelling aggravating? A. If the crime is committed in the dwelling of the offended party who has not given provocation.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

Q. What would make a band as an aggravating circumstance? A. 1. The (whole) band or all of them must be armed. 2. At least 4 or more than 3 armed malefactors must have participated in the commission of the crime. 3. They must be principals by direct participation in the commission of the crime. Q. If 4 sila but only 3 directly participated in the commission of the crime 1 participated by virtue of inducement. Can you appreciate band as an aggravating circumstance? A. No. because at least 4 armed malefactors must have directly participated in the commission of the crime. All of them must be principals by direct participation. Q. How is it different from the aggravating circumstance of the crime being committed with the aid of armed men? A. 1. With the aid of armed men – the armed men need not necessarily take part on the commission of the crime. This aggravating circumstance is appreciated only against the very person who committed the crime. So ang nag-direct participate ay yung taong nag-rely sa kanila. If the crime is committed by a band – it will be appreciated against all of them because they are all principals by direct participation. 2. With the aid of armed men – this aggravating circumstance will only be taken against the very person who committed the crime and the armed men who aided him will be considered as accomplices not conspirators because it was not mentioned what kind of aid. As long as they are there, they are accomplices. If the crime is committed by a band – All must have participated directly in the commission of the crime so that will be appreciated against all of them. 7. On the occasion and by means of calamity or misfortune Q. What is the purpose of committing the crime? A. You are taking advantage of the misfortune. Example In the course of relief operations, nagnanakaw ka pa. Super criminal ka!  8. Committed with the aid of armed men 9. Recidivism Forms of Repetition 1. Recidivism 2. Habituality or Reiteracion 3. Habitual Delinquency (Art. 62) 4. Quasi-recidivism (Art. 160) 1. Recidivism – if the offender after having been previously convicted by final judgment is now on trial for a new offense embraced in the same title of the code.

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Q. If he has been previously convicted of theft by final judgment and after which he killed somebody. Is he a recidivist? A. No. Because theft is a crime against property and the killing or homicide is a crime against persons. Both crimes must be embraced in the same title of the code. Q. What if the person after having been previously convicted of homicide, kills another person. Is he a recidivist? A. Not necessarily because he has not been previously convicted by final judgment. Note that at the time of his trial for the new crime which is embraced in the same title, he must have been previously convicted by final judgment to make him a recidivist. Q. When is judgment by conviction final? A. After the expiration of the 15-day period reckoned from notice of promulgation of judgment without any appeal taken from the judgment. 10. Habituality 2. Habituality or Reiteracion – the offender has been previously punished for an offense to which the law attaches an equal or greater penalty than the penalty for the new crime or he has been previously punished for 2 or more crimes to which the law attaches a lighter penalty. Punished for an Offense to which the Law Attaches an Equal or Greater Penalty Q. Serious physical injuries – it turns out that before he committed serious physical injuries, records show that he has been previously punished or he has served sentence for homicide. Is there habituality? A. Yes. Because what he committed is equal or greater than homicide. Note: pag baliktad hindi pwede. Example He commits homicide now and he has been previously punished of physical injuries. Note: homicide to homicide → pwede kasi equal. Note: In habituality, we are talking about the penalty, if it is greater or equal than the new crime. Two or More Offenses to which the Law Attaches a Lighter Penalty Q. He has been previously punished for 2 counts of slight physical injuries. He now stands trial for maltreatment. Is there habituality? Is he punished for 2 or more crimes to which the law attaches a lighter penalty? A. Yes. Lighter than the new crime. He has been previously punished for less physical injuries (light offense) to which the law attaches a lighter penalty. He is now on trial, he commits slight physical injuries. Is there habituality? A. None. Light yan eh! Note: Lagyan nyo lagi ng “than”. Equal or greater than what? Than the new penalty for the new offense. Lighter than the penalty for the new offense.

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If the crime is committed with the aid of armed men that is a different aggravating circumstance but if you notice whether committed by a band or with the aid of armed men, the men in those circumstances are armed.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

Note: “Any of the said Crimes” Example He has been convicted of robbery, convicted for 10 years. He has been found guilty of serious physical injuries. He is a habitual delinquent. The 3rd time or Oftener – 3rd, 4th, 5th, 6th Q. Why is this aggravating? A. (In a way this is a special aggravating circumstance). Because under Art. 62, if it is committed for the third time or any of the six crimes → this is penalty for the new crime “plus” “plus”. The penalty will be increased or added. 4. Quasi-recidivism (Art. 160) – after having been previously convicted by final judgment or before serving sentence or while serving sentence, he commits a new crime. Example Hindi pa sya nakaka-serve or he has not finished serving his sentence by final judgment, nag commit na naman sya ng new crime, there is quasi-recidivism. Note: Please remember pareho lang sila ng apelido ng recidivism but they are totally different. Recidivism vs. Quasi-recidivism Recidivism – the second crime must have been embraced in the same title of the code as the previous crime of which he was convicted by final judgment. Quasi-recidivism – there is no such requirement 11. Price, promise or reward 12. Inundation, fire, poison, explosion, stranding of a vessel etc. 13. Evident Premeditation Requisites: 1. Time – when the offender has decided to commit the crime. 2. Act – manifestly indicating that he has clung to his determination to commit the crime. 3. Sufficient lapse of time – from the time he decided to commit the crime up to the time he actually executed his clung to commit the crime. Example He decided to kill somebody after his decision to kill somebody he makes preparation – he conducted a survey – where does his intended victim reside? What time does he go

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back to the house? Then he buys the instrument for killing → these are acts manifestly indicating his clung or determination to commit the crime. Evident Premeditation – meaning that there is sufficient lapse of time. Note that evident premeditation is not presumed. Premeditation – there is “cool” reflection. Example Isip?! Isip?! Itutuloy ko ba? If you kill somebody, you will be liable but your penalty will be increased. You could have desisted from doing it but the fact that you deliberated on it and you have sufficient time to reflect on it – Evident premeditation is very obvious. May criminal perversity ka because you sought / thought to do it you planned to do it Q. If the offender says “I plan and I have decided to kill the first person I meet on the street”. He gets an instrument of the crime. He goes out of his house and sees somebody who is walking and kills that somebody. Can evident premeditation be appreciated? A. Yes. The 3 elements are present. Q. What if he says “I plan to kill Mr. X”. I made the necessary preparations. I have decided to kill Mr. X. I purchased the necessary instrument jungle bolo to kill Mr. X. I conducted the necessary moves with which to execute my plan to kill Mr. X. On the day when I am supposed to kill Mr. X, I saw somebody and I killed that somebody. It turned out that somebody is not Mr. X but Mr. Y. Will I be liable for the death of Mr. Y? A. Yes. But evident premeditation will not be appreciated against me if I killed another person because my plan was to kill X. I killed Mr. Y so with respect to the killing there is no evident premeditation. 14. Craft, fraud or disguise Craft – cunning presentation Fraud – misrepresentation Disguise – Intended to make identification more difficult. Example You put a mask to commit a crime Q. What is the purpose for resorting to this? Why is it aggravating? A. It would show a greater criminal perversity on the part of the offender. When an offender resorted to craft or fraud or disguise to deceive the victim and he was able to accomplish the plan → criminal perversity. 15. Abuse of superior strength It means greater strength. It is a notorious inequality of forces between the victim and the aggressor. It does not refer to numerical superiority. Example 3 offenders and 1 victim – it does not necessarily mean that there is abuse of superior strength

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3. Habitual Delinquency (Art. 62) – if within a period of 10 years reckoned from the date of his last release or last conviction of the crimes of: a. Serious physical injuries b. Less serious physical injuries c. Robbery d. Theft e. Estafa f. Falsification he is found guilty of any of said crimes a third time or oftener.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo 1 on 1 – your victim is parang hindi kumain ng 10 araw, victim mo lelembot lembot. Ikaw incedible hulk – you abuse your superior strength. There is abuse of superior strength. The offender took advantage of his greater strength.

Example Case of grave coercion – an old woman was asked to show her underwear. That act adds to the moral suffering of the old woman.

16. Treachery Treachery applies only to crimes against persons.

People vs. Yao (March 2000) – when you committed rape in dog style position. This is ignominy. But note that rape is a crime against person.

Note: There is a deviation. A case decided by SC (People vs. Escote, 2003). In this case treachery was considered in a case of robbery with homicide (eh di ba ang robbery with homicide is a special complex crime?) What is the main crime in this case? Di ba robbery? Robbery with homicide is a crime against property and yet in this case treachery was considered only to increase the penalty for homicide. How can they increase? Eh special complex crime nga yan eh. 1 penalty lang binibigay dyan eh. This case is a deviation. For Purposes of Determining Whether there is Treachery – Remember 2 things – these must Concur: 1. Mode of attack must have been consciously adopted by the accused. 2. To make sure that at the time of the attack, the victim is defenseless. Mode of Attack The mode of attack must have been consciously adopted by the accused meaning that the mode of attack must have been deliberately chosen by the accused. It is not an impulsive attack. It is not simply an impulsive reaction of the accused to any provocation on the part of the victim. Q. It must have been consciously adopted by the accused or deliberately chosen by the accused, for what purpose? A. To ensure the accomplishment of his purpose (without risking self), arising from any defense that the victim might put up and to make sure that at the time of the attack, the victim was defenseless. For as long as it was shown that the victim was defenseless at the time of the attack – treachery is there. Q. What if X and Y quarreled. After their fight, X attacked Y from behind. Is there treachery? (People vs. Samson) A. No. The SC said that the fact that they quarreled, it must have put the victim Y on guard that something is going to be done after the fight. Note: Even if the victim was attacked in front but the attack was sudden and that at the time of the attack, the victim had no weapon (defenseless) → treachery

Note: In cruelty, at the time you do other acts, the victim must have been alive kasi nga it adds to the physical suffering of the victim. The manner is to augment the victim’s physical sufferings. New SC Decision: The number of wounds sustained by the victim is not determinative of existence of cruelty in the commission of the crime. It must be proved that those wounds were inflicted in a manner that would add to the physical suffering of the victim. People vs. Salvador (1987) – victim sustained 56 stabbed wounds. The offender was convicted of murder. Is there cruelty? Held: No cruelty. It must be shown by the prosecution that those wounds were inflicted to augment the victim’s physical sufferings. Homicide not murder. Example If the wounds were inflicted successively and the victim is still alive, usually, if it is successive, hindi mo na nararamdaman. It must be proved that such wounds were inflicted to augment the physical sufferings of the victim. There must be circumstantial evidence to show that – tsak! Aray! Tsak! Aray! Tsak! Ang sakit! 18. Unlawful Entry 19. Breaking of wall, roof, floor, door or window 20. Aid of minor, use of motor vehicle Use of Motor Vehicle Differentiate if the offense was committed with the use of a motor vehicle → it is aggravating but if the offense was committed inside a motor vehicle → not aggravating. Crime was Committed Under 15 Years of Age Mahirap na kasi di ba lahat ng 15 exempt? It is hard to prosecute kasi sino nagsabi sa kanila na gawin nila?

17. Ignominy 21. Causing other wrong not necessary for its commission

Note: Generally, ignominy is not applied to crimes against chastity. Cruelty – You commit a crime and you still do something else in addition to the crime that would add to the physical suffering of the victim. Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum

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ARTICLE 15 ALTERNATIVE CIRCUMSTANCES Alternative (“either” “or”) – meaning that it may either be mitigating or aggravating or even empting. 1. 2. 3.

Relationship Intoxication Degree of Instruction or Education of the Offender

Q. Why 1, 2, 3 are alternative circumstances?

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Ignominy vs. Cruelty Ignominy – you committed the crime but in the commission of the crime you still do something to add to the moral suffering of the victim.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

1. Relationship Generally, mitigating in crimes against property although relationship may be exempting in theft, estafa or swindling, malicious mischief, if the crime is committed mutually by the relatives. Relatives – mutually committed between: 1. Spouses – the husband and the wife, ascendants, descendants, relatives by affinity in the same line Example Darling nasan na yung alahas ko? Di ka na man nag aalahas ha. Binigay mo siguro sa babae mo. (Nagnakawan sila) 2. The widowed spouse 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together. (Art. 332) Other Rules: 1. Relationship is aggravating if the victim is a relative of a higher or equal degree than the accused. 2. Relationship is neither mitigating nor aggravating if relationship is an ingredient of the crime. Example – parricide 2. Intoxication Intoxication of the offender is mitigating - if the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit a felony. If intoxication is habitual (G.S.M. Blue - morning, noon and night) or intentional – it is aggravating but it must be subsequent to the plan to commit the crime. Q. Why is it aggravating? A. If it is subsequent to the plan or after your plan to commit the crime, uminom ka in order for you to commit the crime → this is aggravating. But if intoxication is subsequent to the commission of the crime → this is not aggravating because you already committed the crime. Your purpose for drinking is that you are “celebrating”  3. Degree of Instruction or Education of the Offender Generally, it is mitigating if the offender has a low degree of instruction or education but definitely not mitigating or aggravating in crimes against property or crimes against chastity, even in treason. Why? Because no need to be a lawyer to commit rape or robbery or theft. ARTICLE 16 WHO ARE CRIMINALLY LIABLE? Persons 1. 2. 3.

criminally liable Principals Accomplices Accessories

ARTICLE 17 PRINCIPALS

1. 2.

3.

Principals by direct participation – material perpetrator of the crime. The one who actually committed the crime. Principals by inducement – offering promises to another to commit the crime. The inducement must be the determining factor for the commission of the crime. Principals by indispensable cooperation – without him or without his cooperation, the crime would not have been committed. (relate this to accomplice)

1, 2, 3 – for these principals to be liable, there must be evidence of conspiracy. Why? Because the act of 1 is the act of all. Even if you induced him and he was not induced, he is not liable. If no evidence of conspiracy – only the one who materially perpetrated the crime is liable. Principals by indispensable cooperation vs. Accomplice Both cooperates only that in principals by indispensable cooperation the crime could not have been accomplishes without him or without his cooperation. Example He was the only 1 who owns a banca that could bring the offender to a very remote island. The crime could not have been accomplished without him. ARTICLE 18 ACCOMPLICES Accomplice – cooperates but even without his cooperation, the crime could still have been committed. The cooperation of the accomplice is merely necessary to facilitate the commission of the crime. Rule: If there is a doubt with respect to the liability of a person who gives cooperation, whether he is a principal by indispensable cooperation or accomplice, doubt should be resolved in favor of the accused being considered as an accomplice. Use this principle only when there is doubt. Analyze if his cooperation is necessary. ARTICLE 19 ACCESSORIES Accessories – takes part subsequent to the commission of the crime. He is an accessory after the fact of the commission of the crime. Note: PD 1612 – Anti Fencing Law. Yung fence takes part subsequent to the commission of robbery or theft. This person will be charged as a fence under PD 1612 or if he takes part subsequent to the commission of robbery or theft. Example Sold articles – if he profits. If the offender takes part subsequent to the commission of any other crime other than robbery or theft. He will be charged as an accessory under the RPC. Importance

Principals:

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A. Meaning that relationship could either be aggravating or mitigating, intoxication could either be aggravating or mitigating, degree of instruction could either be aggravating or mitigating. It would depend on the circumstances that would be established.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

Accomplice – 1 degree lower than the penalty of the principal Accessory – 2 degrees lower but that would apply to accessories under the law and not those of taking part subsequent to the commission of theft or robbery. Q. Can there be conviction of an accomplice or accessory even without prosecution or conviction of the principal? A. Yes. If let us say that principal is acquitted because he is exempt from criminal liability. The importance is you have established the fact of the commission of the crime. Q. What if the principal is unknown or his whereabouts is unknown or the principal is at large or the principal is being tried separately, can there be a conviction of an accessory? A. Yes. For as long as the act of the commission of the crime had been established. For as long as corpus delicti have been established. Corpus delicti – means the fact of the commission of the crime. ARTICLE 20 ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILITY Accessories under Art. 20 who are exempt from criminal liability → exempt with respect to their spouses, ascendants, descendants, legitimate, natural, adopted brothers and sisters or relatives by affinity within the same degree except if they are accessories who profited by the effects of the crime or who assisted the offender to profit by the effects of the crime. Meaning: They are exempt with respect to 2 and 3 (of Article 19) from criminal liability. ARTICLE 21 NO FELONY SHALL BE PUNISHABLE BY ANY PENALTY NOT PRESCRIBED BY LAW PRIOR TO ITS COMMISSION Even if the act appears to be illegal or immoral if there is no law punishing it, the same cannot be penalize if its not even defined or constitutive of a crime and there is no penalty provided by the law, hence cannot be penalize. ARTICLE 22 EXCEPTION – WHEN THE RETROACTIVE APPLICATION

LAW

SHALL

ARTICLE 23 PARDON BY THE OFFENDED PARDON 1.

BE

GIVEN

a.

2.

extinguishes criminal liability (absolute pardon) b. does not extinguish civil liability because the president cannot give away anything which does not belong to him/her By the Offended party a. Does not extinguish criminal liability because the offended party is simply a witness in a criminal case. b. Extinguishes civil liability if the offended party waives the claim to such civil liability.

ARTICLE 24 MEASURES OF PREVENTION NOT CONSIDERED AS PENALTY

ARTICLES 25 - 113 PENALTIES INDETERMINATE SENTENCE LAW PROBATION _________________________________________ SCALES OF PENALTIES under RPC (3) 1. Art 25 Penalties which may be impose (Principal and Accessory Penalities) 2. Art 70 Successive Service of Sentence (Penalties According to their Severity) 3. Art 71 Graduated Scales of Penalties It is in this article where we would see the penalty next higher or lower in degree. Example If in the problem there exist a privilege mitigating circumstance and the imposable penalty is Reclusion Temporal it will be lowered to one (1) degree and to find out what is one (1) degree lower that Reclusion Temporal we would rely on Art. 71, which is Prision Mayor. We only have scales of penalties under the Revised Penal Code and none under Special Law, therefore as far as modifying circumstance are concerned, they are not to be considered in criminal actions involving violation of special law due absence of scale of penalties. As for violations of RPC the modifying circumstances should be considered since there is scale of penalties provided for in the same. DURATION OF PENALTIES Reclusion Perpetua : 20 years and 1 day – 40 years Reclusion Temporal : 12 years and 1 day – 20 years

By the Chief Executive (Art. 36) Prision Mayor

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:

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This is important because if you take part subsequent to the commission of robbery or theft, you are a fence, you are charged under special law → the penalty is higher. But if you take part subsequent to the commission of any other crime other than theft or robbery, you will be charged as an accessory under RPC → entitled to a penalty of 2 degrees lower.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

Arresto Mayor: 1 month and 1 day – 6 months Arresto Menor: 1 day – 30 days Bond to keep the peace: Such period of time as the court may determine. Reclusion Perpetua Reclusion Perpetua (RP) has been given a duration (20 years and 1 day – 40 years), by virtue of RA 7695 (Heinous Crime Law), upon its promulgation there has been a confusion. Everyone knows that RP is a indivisible penalty, hence no period. It is only in divisible penalty where we consider period, which consist of (3 periods, minimum; medium; maximum), in other words one period of a divisible penalty is one of 3 equal portions of periods. Nonetheless, RP remains to be an indivisible penalty, as enunciated by the Supreme Court (SC) in the case of Pp. v Lucas; the duration of RP was only for the purpose of determining the number of years when may a person be incarcerated or imprisoned. Reclusion Perpetua 1. A penalty under the RPC

Life Imprisonment 1. Under the Special Law

2. as to duration: 20 years and 1 day – 40 years 3. Has an accessory penalty

2. Indefinite 3. None

Article 25 – Classification of Penalties Principal Penalty

Accessory Penalty

1. Prescribe by the RPC for the offense charge e.g. treason (RP –death), espionage (Pri. Cor)

1. Perpetual or temporary absolute or special disqualification, forfeiture, confiscation, civil interdiction.

2. Has to be expressly impose in the judgment

2. Need not be express since it is deemed impose in every judgment. e.g. “is hereby sentence to suffer the RP with all the accessory penalties pertinent thereto pursuant to the RPC”

Preventive Imprisonment

Subsidiary Imprisonment

1. There is yet no judgment or the accused is charged with a non-bailable offense or even if bailable, has no property or fund with which to post bail, who is being detained during trial.

1. Only after judgment has been rendered

2. This is not a penalty. If convicted he will given a credit for the period that he was detained.

2. This is a principal penalty, if convict is sentence to pay fine, but there is no fund to enable him to pay, he may be imprisoned. Being a principal penalty must be expressly imposed in the decision. Example If in the judgment it is stated that “he is hereby imposed to pay a fine of P10K with subsidiary imprisonment in case of insolvency” (expressly imposed) Example If it is stated only “he is hereby imposed to pay a fine of P10K” → no express declaration as to subsidiary imprisonment, hence, he cannot be made to undergo subsidiary imprisonment since it is not stated in the judgment

 Confiscation and Forfeiture of Proceeds of a crime: an accessory penalty hence need not be expressly imposed in the judgment. COMPLEX CRIME 1. Regular (Article 48) a. Compound Crime – one act producing 2 or more grave or less grave felonies (Concurso Ideal) Example throwing of hand grenade (Pp. v. Hernandez), the single act of throwing the grenade, killing several and seriously wounding others (multiple homicide, multiple physical injuries) As distinguished from Continuing, Continued, Continuous Crime – there is a single crime consisting of series of crime, all arising from one criminal resolution, committed at or about the same time and place. (Concurso Real). In our jurisdiction, this concept is no longer adopted. What is being used instead is the concept of Transitory Crimes, which usually contemplates prosecution, and where several elements or a crime occurred in different places for purposes of venue. b. Complex Crime Proper – one crime is a necessary means to commit the other crime.

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and Temporary Disqualification : 6 years and 1 day – 12 years Prision Correccional, Suspension and Destierro: 6 months and 1 day – 6 years

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo Example Estafa thru falsification of public document; forcible abduction with rape

period; For example the penalty is PRISION MAYOR MAXIMUM as illustrated below:

2. Special - arising in the course of, by reason of, on occasion of: (the law specifically provides what penalty is to be imposed). E.g. in the course of, by reason of, on occasion of robbery someone is killed “Robbery with homicide”; in the course of, by reason of, on occasion of robbery someone is rape “ Robbery with rape”

Prision Mayor

People vs. Lawas (1960) Involves a single act of pulling the trigger of an machine gun which produces several bullets and so several persons were killed. SC in this case held that the single act of producing the trigger and producing several deaths is a compound crime. In this case there were several accused holding a machine gun, and all of them fired at the same time and it cannot be determine, from whose gun the bullets came from. In this case it was considered a compound complex crime. Pp. v. Tabaco (1992) `Involves gunfire from a rifle, which resulted to 4 killings. It cannot be considered as compound complex crime even a single act of pulling the trigger, it is not the act of pulling the trigger and producing several deaths because that is the determining factor but the number of bullets which are actually fired and produces several death that would be determinative whether it is complex or not. Each person hit by different bullets is a victim of separate homicide or murder. In this there is only one accused, so he has been identified as the person who killed several persons from whose gun the bullets were fire. In Pp. v. Lawas it cannot be determined from whose gun the bullets came so what the SC held is that the crime involves a compound crime. Q. What if one of the components of a complex crime has not been proved? What is the effect? Can the accused nevertheless be held liable of the other crime? A. Yes, provided that the other crime is proven beyond reasonable doubt and the other crime not proven he shall be deemed acquitted. Q. What if both crimes were proved? What is the penalty? A. The penalty for the most serious offense shall be imposed in its maximum period. There lies the difference between a regular and special complex crime for in the latter, the law specifically provides a penalty for that special complex crime. While in the former, the penalty for the most serious crime in its maximum period shall be imposed. Divisible Penalty – it is composed of 3 periods, 1 period of a divisible penalty is one of the 3 equal portions of a divisible penalty (Period: Minimum, Medium, Maximum). A period is different from a degree. A period is one of the 3 equal portions of a divisible penalty, a PENALTY is 1 DEGREE. However if one penalty consist of a

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1 period

2 periods

Q. If 1 penalty is 1 degree, what is the penalty next lower in degree? A. Prision Mayor Medium If penalty consist of 2 periods, then the penalty next lower in degree would be that 2 periods lower as well. For instance, the penalty prescribe by the law for the offense charged is PM medium and maximum, that is one penalty, one degree lower consist of 2 periods, then 2 periods down so the penalty next lower in degree of PM medium and maximum, would be PRISION CORRECIONAL MAXIMUM AND PRISION MAYOR MINIMUM. If the penalty consist of the whole extent of PRISION MAYOR, one degree lower consist of 3 periods is PRISION CORRECIONAL. Penalty for the Principal (P), Accessory Accomplices (A) The numbers represent the degrees

(*A)

and

Consummated Frustrated Attempted P 0 1 2 A 1 2 3 *A 2 3 X Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum The basis in determining the imposable penalty would always be the penalty prescribe by the code for the offense charge. That penalty is always imposed on the principal; the penalty for the principal in the consummated stage of the felony is the penalty prescribe by the code for the offense charge, represented in the table as 0. (Whenever the law prescribes a penalty for a felony, in general terms it shall be understood as applicable to the consummated felony). The reckoning point is penalty prescribe by law for the principal in the consummated stage, which is the penalty prescribe by the code for the offense charge The penalty for the accomplice in the consummated stage of the felony is 1 degree lower than that prescribe by the code for the offense charged. Example The penalty prescribe by the code for the offense charge is Reclusion Temporal (for the principal in the consummated stage) Accomplice-Consummated (Prision Mayor) – 1 degree lower than the penalty prescribe by for the principal in the consummated stage Accessory- Consummated (Prision Correcional) – 2 degrees lower than that prescribe by for the principal in the consummated stage

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Compound Crime Q. What if one act produces 2 or more grave, less grave and light felonies, will there be a compound crime? A. Yes, with respect to the grave and the less grave and the light felony would be segregated which cannot be complex.

Maximum Medium Minimum

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo (Article 70) Principal Frustrated – 1 degree lower than the penalty prescribe by law for the principal in the consummated stage Accomplice Frustrated – 2 degrees lower than the penalty prescribe by law for the principal in the consummated stage Accessory Frustrated – 3 degrees lower than the penalty prescribe by law for the principal in the consummated stage Principal Attempted - 2 degrees lower than the penalty prescribe by law for the principal in the consummated stage Accomplice Attempted - 3 degrees lower than the penalty prescribe by law for the principal in the consummated stage

1st Paragraph: When the offender has to serve 2 or more penalties he shall serve them simultaneously if the nature of the penalties will so permit. Example Q. If has to serve 10 yrs, 3 years, 2, years and fine of 10,000, can this be serve simultaneously? A. Yes, with respect to fine pay them then imprisonment. Example Q. If has to serve 10 yrs, 5 years, 3 years, 2 years of imprisonment, Can he serve them successively? A. No. It has to be served successively.

Rules for the Applicable of Indivisible Penalties (Article 63)

1st Paragraph: in all cases where the law prescribes a single indivisible penalty, it shall be impose regardless of any mitigating or aggravating circumstance that may have attended the commission of the deed. Example If the court says, the penalty for this offense is RP (single indivisible); impose the same irrespective of any mit / agg circumstance except: if it is a privilege mitigation which operates to, lower the same to one degree. The law itself did not qualify, but in jurisprudence, it held that in cases where the law prescribes a single indivisible penalty, it shall be applied by the courts regardless of agg/mit cir. except: if it is a privilege mitigation (incomplete justifying exempting) which operates to, lower the same to one degree.

If it cannot be served simultaneously, serve it in accordance with order of their severity in the following:  Death  Reclusion Perpetua  Reclusion Temporal  Prision Mayor  Prision Correccional  Arresto Menor  Destierro  Perpetual Absolute Disqualification  Temporary Absolute Disqualification  Suspension from Public Office, the right to vote and be voted for, the right to follow a profession or calling  Public Censure Note: Notwithstanding the following rule, the maximum duration of the convict’s sentences shall not be more than “three-fold,” the length of time corresponding to the most sever of the penalties impose upon him.

In this case, RP lower by one degree is RT.

Requirements: 1. The convict has serves at least 4 sentences/penalties 2. The total sentences exceed the most sever times 3 but in no case exceeds 40 years

If on the other hand the law says the penalty for this offense is RP and there is in attendance voluntary surrender, still is RP because voluntary surrender is only Mitigating.

Example 10 yrs, 20 yrs, 6 yrs, 10 yrs = 46 ; the most sever is 20 x 3 = 60 (3-fold length of time)

2nd Paragraph: in all cases in which the law prescribes a penalty compose of 2 indivisible penalties the following rule shall be observed

In this case, the three-fold service of sentence rule does not apply because the total sentence is 46 and it does not exceed 60. But in no case it should still exceed 40 yrs in the case

Example If one penalty consist of two indivisible penalties RP TO DEATH, now consider the following circumstance:

In case where it would be the other way around, where the three fold length of time is 46 and the total sentence is 60 yrs, then adopt the three fold length of time which is 46, but still in no case it would exceed 40 yrs, so in this case, the year of imprisonment is still 40.

1M  0A = impose the lesser penalty 0M + 1A = impose the greater penalty 0M + 0A = impose the lesser penalty Rules for the Applicable of Divisible Penalties (Article 62) Divisible Penalty (Where it contain periods) Successive Service of Sentences

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INDETERMINATE SENTENCE LAW Purpose: redeem valuable human material, the offender is given another chance, in case where he had served the minimum of the indeterminate penalty he would be eligible of parole. This law does not apply to:

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The ff are Indivisible Penalties (where there are no Periods) 1. Death 2. Reclusion Perpetua

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

b. c. d.

e.

indivisible penalties of Death, Life Imprisonment, Reclusion Perpetua (pursuant to Article 63 par. 1) that when the penalty impose is single and indivisible, the same shall be imposed without regard to any of modifying circumstance Prison terms: of not more than 1 year. Crimes of: Treason, Proposal or Conspiracy to Commit Treason, Misprision of Treason, Rebellion, Espionage, Sedition, Piracy. Offenders who are: Habitual delinquents, escapees from confinement, evaders of sentence violators of conditional pardon granted by the Chief Executive. Non-prision sentences of: destierro, disqualification etc.

Note: it happen it the Bar, where the examinees are asked to compute the imposable indeterminate penalty, they went through the motions of computing. when in fact the offender involve is disqualified. Application 





Always remember that the indeterminate penalty always consist of 2 penalties, the maximum and the minimum. For purposes of indeterminate penalty this are not considered as periods of a divisible penalties, but are considered penalties in itself. The indeterminate sentence law applies to both crimes penalized by the RPC and other special law, but only that the application would differ, but both always consist of 2 penalties still. the application of ISL is mandatory provided that the offender does not fall to any of those disqualified under the ISL



How to get the Minimum and Maximum. Example In the bar where a question gives a penalty (which is considered the reckoning point: the penalties prescribe by the code for the offense charge is the reckoning period)



Application in Special law: Take note that: Special law has no scale of penalties, so one does not consider the modifying circumstances, since it provides its own penalty for the violation of such law. Ex: 2 years to 10 years imprisonment (as given in the problem). Determine now the imposable indeterminate penalty. The rules said that if it’s an offense penalize under the special law, the minimum of the indeterminate penalty should not be below the minimum provided in the law and the maximum should not be beyond the maximum provided in the law o

So the penalty that may be imposed is: “he is hereby sentence to suffer the

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indeterminate penalty of 2 years minimum to 8 years as maximum. o



as

What is indicative that the penalty given is indeterminate? The phrase: “as minimum” “as maximum”

Application if RPC: Take note that: Even if a crime is penalized under the RPC one cannot deviated from the rule that indeterminate penalty always consist of 2 penalties (minimum and maximum)

Example If the penalty prescribe by the code for the offense charge is RT (always the reckoning point as given in the exam). Apply now the ISL, or determine the imposable indeterminate penalty. To get the minimum: it is fixed at 1 degree lower that the maximum penalty impose of RT in this case 1 degree lower is Prision Mayor (6 yrs and 1 day to 12 yrs). So the minimum is anywhere within the range of the penalty next lower in degree that that prescribe the code in the offense charge. (within: 6yrs and 1 day to 12 yrs “as minimum”) To get the maximum: is determined by considering the presence of modifying circumstances applying Rule 64. Remember that Privilege Mitigating Circumstance must be first considered before applying the said rules. The basis is still the penalty prescribe by the code for the offense charge which here is RT. 1M  0A = minimum 0M + 1A = maximum 0M + 0A = medium 

So for instance if there is 1M,0A the indeterminate penalty would be: o ―the convict is hereby sentence to suffer the indeterminate penalty of, anywhere within the range of PM as minimum to RT minimum as maximum (6 yrs. And 1 day as minimum to RT minimum as maximum)

Another Example The penalty prescribe by the code for the offense charge is Prision Mayor Minimum: (1 degree agad) = Prision Correccional – 6 mon. and 1 day to 6 yrs. Maximum: (0M + 0A) = Prision Mayor medium Indeterminate Penalty: is anywhere within the range of PC as minimum to PM medium as maximum Q. What if in the problem there is an attendance of Privilege Mitigating Circumstance? A. Lower the penalty impose to 1 degree at the beginning before applying the same rule.

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a.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

Minimum: (1 degree agad) = Prision Correccional – 6 mon. and 1 day to 6 yrs. Maximum: (0M + 1A) = Prision Mayor maximum Indeterminate Penalty: is anywhere within the range of PC as minimum to PM maximum as maximum. Execution of Penalty:  No penalty shall be executed except by virtue of Final Judgment. The judgment must have attained finality before I may be executed. Q. When does a judgment attain its finality: A.  If one failed to file notice of appeal within the reglementary period of 15 days, reckoned from promulgation or notice of judgment.  there is waiver of right to appeal,  total or partial service of sentence  filing application for probation Suspension of Sentence 15-18 years old acting sentence)

with

discernment

Prescription of Crimes: is the forfeiture or loss of the right of the State to prosecute the offender, after lapse of certain time. Commence to run on the date discovered by the offended party, authorized person or agents. Base on penalty prescribe by RPC 1.

2. 3.

(suspended

Suspension of Sentence in case of Insanity  When a convict becomes insane or imbecile after final sentence has been pronounce, execution of sentence only as regards the personal penalty not payment of his civil or pecuniary liability. If he recovers reason his sentence shall be executed unless the penalty has prescribe  If while serving sentence becomes insane, above provision applies. Death sentence shall be suspended when:  Woman while pregnant  Woman within 1 year from delivery  Person over 70 yrs of age  Convict who becomes insane, after final sentence of death has been pronounced. Total Extinction of Criminal Liability D - death of convict that occurred before final judgment Only as to his personal liability A - absolute Pardon of Chief Executive S - service of sentence\ P - prescription of offense A - amnesty (extinguishes the penalty and all its effects) M - marriage of the offended woman with the offender in the crimes of rape, seduction, abduction, and acts of lasciviousness that must be contracted in good faith P - prescription of penalty

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Effect of death of the Accused pending appeal of his Conviction  The death of the accused pending the appeal of his conviction will extinguish his criminal liability as well as his civil liability arising from the crime committed.  However, civil liability arising from sources other than the crime committed survives and maybe pursued in separate civil action. (law, contract, quasi contract, quasi delict)

4. 5.

Crimes punishable by: a. Death, reclusion perpetua, reclusion temporal - 20 years b. Afflictive penalties - 15 years c. Correccional penalties – 10 years, except: Arresto Mayor – 5 years When the penalty prescribe by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained above. Crime of Libel – 1 year Crime Oral defamation and Slander by Deed – 6 months a. Simple Slander – 2 months b. Grave Slander – 6 months Light Offenses – 2 months Crimes punishable by fines: a. If the fine is afflictive – 15 years b. If the fine is correccional – 10 years c. If it is light – 2 months.  The subsidiary penalty for nonpayment of fine should not be considered in determining the period of such crimes  When fine is an alternative penalty higher than the on the penalty which is imprisonment, prescription of the crime is base on the fine

Prescription of Penalties: loss or forfeiture of the right of the State to execute the final sentence or penalty after certain lapse of time. 1. 2. 3. 4. 



Death and RP – 20 years Other Afflictive Penalties – 15 years Correccional Penalties – 10 years except; Arresto Mayor – 5 years Light Penalties – 1 years Pursuant to the rule that a judgment is executed only when it becomes final, hence we only talk of prescription of penalty after the judgment has become final The penalty must be imposed by final judgment. Hence, when the convict appealed and thereafter fled to the mountain, the penalty impose upon him

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Example The penalty imposed is RT, with attendance of privilege mitigating circumstance, determine the indeterminate penalty.  Immediately lower to 1 degree, which is PM (now would be the reckoning point)

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo



Commence to run: from the date when the culprit evaded the service of sentence. Interrupted when the convict:  Surrenders  Arrested  Goes to a foreign country with which we have no extradition treaty, or  Commits any crime before the expiration of the period of prescription Within the he period of prescription of penalty it has to be executed, the convict would have to be made to serve the penalty Difference between Amnesty and Absolute Pardon Amnesty 1. Applies only to Political Offenses 2. Looks backward and abolishes the offense, and the person would stand before the law as though he committed no offense. Makes an ex-convict no longer a recidivist, because it obliterates the crime itself 3. Granted by presidential proclamation with concurrence of the Congress and there for it has to be taken judicial notice of by the courts. Ones the court takes judicial notice of such fact, one does not have to present evidence to prove such fact. It is an official act of the Chief Executive. 4. Amnesty may be granted even before trial or during investigation, a conviction is not necessary. Pardon 1. includes any crime 2. Looks forward and relieves the offender from the consequence of his conviction 3. Private act on the part of the Chief Executive, therefore it must be pleaded and proved by the person who has been pardoned. 4. Pardon applies only when the person has already been convicted Every person criminally liable is also civilly liable. This means he is civilly liable only for the consequence of the crime, which is the basis of the criminal action. This is the only civil action which is impliedly instituted with the criminal action, the civil action flowing from the crime subject of the criminal case. Subsidiary Liability Subsidiary Liability of the employer of the convict; a. Is not automatic. If the accused-employee fails to pay, the subsidiary liability of the employer will set

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b.

in. It is not automatic in the sense that there must first be conviction of the employee. A reservation to prosecute the employer for his subsidiary liability is not necessary. The subsidiary liability of the employer is not determined in the same criminal case against the employee; hence there is no need to reserve.

What Civil Liability Includes: 1.

2.

3.

Restitution – the thing itself must be restored, even though it is found in possession of third person who acquired it by lawful means, saving to the latter his action against the proper person who may be liable to him. Reparation – the court shall determine the amount of damage, taking into consideration the price of the thing whenever possible, and its special sentimental value to the injured party. Indemnification of consequential damages – include not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime

Set Indemnification (by jurisprudence) a. Homicide, murder – 50,000php b. Rape of the first form – 50,000php + moral damages of 50,000php c. Rape of the second form – 25,000php + moral damages of 25,000php d. Rape committed under the circumstances where previously punishable by death – 75,000php+ moral damages 75,0000php e. Rape with homicide – 100,000php + 100,000 moral damages Partial Extinction 1. Conditional Pardon 2. Commutation of Sentence 3. Good Conduct allowances which the culprit may earn while he is serving his sentence 4. Parole – because after you shall have served the minimum indeterminate penalty, he could be release.

BOOK TWO CRIMES AGAINST NATIONAL SECURITY Crimes Covered: 1. Treason 2. Conspiracy and Proposal to Commit Treason 3. Misprision of Treason 4. Espionage 5. Inciting to War and Giving Motives for Reprisal 6. Violation of Neutrality 7. Correspondence with Hostile Country 8. Flight to Enemy Country 9. Piracy and Mutiny Crimes Against National Security

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

would never prescribe, because pending the appeal, the sentence is not final. In prescription of crimes – It is the penalty prescribe by law that should be considered In prescription of penalty – it is the penalty imposed that is considered.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

Crimes Against National Security are Committed During a State of War except for: 1. Espionage 2. Inciting to War and Giving Motives for Reprisal 3. Violation of Neutrality 4. Mutiny and Piracy ARTICLE 114 TREASON

2. Conspiracy as a Mode of Incurring Criminal Liability – not stated in the RPC. Examples A, B and C conspired to kill D but failed to kill D. A, B and C liable? It is not expressly made a crime A proposed to commit treason to B. B refuses, is A liable? Yes, because it is expressly proposal to commit treason. A proposes to C to kill B. C agreed. But C was the one who killed, A liable? Yes, because of conspiracy. Q. Why is there conspiracy? A. The fact that he already accepted the proposal, there is already an agreement. Q. What if Treason has already been committed? A. It will not fall under Art. 115. Q. Is the 2-witness rule applicable in conspiracy and proposal to commit treason? A. No. because it is a separate crime



Committed only in times of war

Note: Any conspiracy to overthrow government in times of peace → rebellion

B.

Adheres to the enemies, giving them aid or comfort within the Philippines or elsewhere

ARTICLE 116 MISPRISION OF TREASON

Requirements of levying war 1. Actual assembling of men; 2. To execute a treasonable design by force; 3. Intent is to deliver the country in whole or in part to the enemy; and 4. Collaboration with foreign enemy or some foreign sovereign Two ways of proving treason 1. Testimony of at least two witnesses to the same overt act; or Note: The 2-witness rule is restrictive. They must testify to the same overt acts of treason committed in the same place, time and occasion. 2. Confession of the accused in open court. ARTICLE 115 CONSPIRACY AND PROPOSAL TO COMMIT TREASON Elements of Conspiracy to Commit Treason 1. There is a war in which the Philippines is involved; 2. At least two persons come to an agreement to – a. levy war against the government; or b. adhere to the enemies, giving them aid or comfort; 3. They decide to commit it. Elements of Proposal to Commit Treason 1. There is a war in which the Philippines is involved; 2. At least one person decides to – A. LEVY WAR AGAINST THE GOVERNMENT; OR B. adhere to the enemies, giving them aid or comfort; 3. He proposes its execution to some other persons. Kinds of Conspiracy 1. Conspiracy as a Crime – expressly made a crime under RPC.

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   

Not yet committed Committed by a native or local The person is aware of the conspiracy of treason and does not disclose it to authorities Article 20 (Accessories who are exempt from criminal liability) does not apply

Elements 1. Offender owes allegiance to the government, and not a foreigner; 2. He has knowledge of conspiracy to commit treason against the government; 3. He conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province in which he resides, or the mayor or fiscal of the city in which he resides. Q. What if treason is actually committed. You learned the commission but you did not report. Are you liable? A. No. Liable as accessory only. ARTICLE 117 ESPIONAGE Acts punished 1. By entering, without authority therefore, a warship, fort or naval or military establishment or reservation to obtain any information, plans, photograph or other data of a confidential nature relative to the defense of the Philippines; Elements a. Offender enters any of the places mentioned; b. He has no authority therefore;

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1. Treason (Art. 114); 2. Conspiracy and proposal to commit treason (Art. 115); 3. Misprision of treason (Art. 116); and 4. Espionage (Art. 117). Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum Crimes Against the Law of Nations 1. Inciting to war or giving motives for reprisals (Art. 118); 2. Violation of neutrality (Art. 119); 3. Corresponding with hostile country (Art. 120); 4. Flight to enemy's country (Art. 121); 5. Piracy in general and mutiny on the high seas (Art. 122).

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo His purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines.

2. By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in paragraph 1 of Article 117, which he had in his possession by reason of the public office he holds. Elements a. Offender is a public officer; b. He has in his possession the articles, data or information referred to in paragraph 1 of Article 117, by reason of the public office he holds; c. He discloses their contents to a representative of a foreign nation. This crime is committed in times of war and peace Q. The offender goes to Camp Crame and gets confidential information relative to national security. Is he liable? A. No. Crame or PNP is not a military establishment or institution. *ARTICLE 118 INCITING TO WAR OR GIVINING MOTIVES FOR REPRISALS *ARTICLE 119 VIOLATION OF NEUTRALITY *ARTICLE 120 CORRESPONDENCE WITH HOSTILE COUNTRY ARTICLE 121 FLIGHT TO ENEMY’S COUNTRY Elements 1. There is a war in which the Philippines is involved; 2. Offender must be owing allegiance to the government; 3. Offender attempts to flee or go to enemy country; 4. Going to the enemy country is prohibited by competent authority. ARTICLE 122 & 123 Amended by R.A. 7659 or Heinous Crime Law ARTICLE 122 PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS Acts Punished as Piracy 1. Attacking or seizing a vessel on the high seas or in Philippine waters; 2. Seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers. Elements of Piracy 1. The vessel is on the high seas or Philippine waters; 2. Offenders are neither members of its complement nor passengers of the vessel; 3. Offenders either – a. attack or seize a vessel on the high seas or in Philippine waters; or

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b.

seize in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers; 4. There is intent to gain.

Originally, the crimes of piracy and mutiny can only be committed in the high seas, that is, outside Philippine territorial waters. But in August 1974, Presidential Decree No. 532 (The Anti-Piracy and Anti-Highway Robbery Law of 1974) was issued, punishing piracy, but not mutiny, in Philippine territorial waters. Thus came about two kinds of piracy: (1) that which is punished under the Revised Penal Code if committed in the high seas; and (2) that which is punished under Presidential Decree No. 532 if committed in Philippine territorial waters. Amending Article 122, Republic Act No. 7659 included therein piracy in Philippine waters, thus, pro tanto superseding Presidential Decree No. 532. As amended, the article now punishes piracy, as well as mutiny, whether committed in the high seas or in Philippine territorial waters, and the penalty has been increased to reclusion perpetua from reclusion temporal. But while under Presidential Decree No. 532, piracy in Philippine waters could be committed by any person, including a passenger or member of the complement of a vessel, under the amended article, piracy can only be committed by a person who is not a passenger nor member of the complement of the vessel irrespective of venue. So if a passenger or complement of the vessel commits acts of robbery in the high seas, the crime is robbery, not piracy. Note, however, that in Section 4 of Presidential Decree No. 532, the act of aiding pirates or abetting piracy is penalized as a crime distinct from piracy. Said section penalizes any person who knowingly and in any manner aids or protects pirates, such as giving them information about the movement of the police or other peace officers of the government, or acquires or receives property taken by such pirates, or in any manner derives any benefit therefrom; or who directly or indirectly abets the commission of piracy. Also, it is expressly provided in the same section that the offender shall be considered as an accomplice of the principal offenders and punished in accordance with the Revised Penal Code. This provision of Presidential Decree No. 532 with respect to piracy in Philippine water has not been incorporated in the Revised Penal Code. Neither may it be considered repealed by Republic Act No. 7659 since there is nothing in the amendatory law is inconsistent with said section. Apparently, there is still the crime of abetting piracy in Philippine waters under Presidential Decree No. 532. Considering that the essence of piracy is one of robbery, any taking in a vessel with force upon things or with violence or intimidation against person is employed will always be piracy. It cannot co-exist with the crime of robbery. Robbery, therefore, cannot be committed on board a vessel. But if the taking is without violence or intimidation on persons of force upon things, the crime of piracy cannot be committed, but only theft. PIRACY is a crime against humanity (hostes humanes generis) Notes: PD 532 – offenders are passengers and committed in territorial waters.

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c.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

Mutiny vs. Piracy 1. Piracy is the unlawful taking of personal property (basically its robbery) with intent to gain while mutiny is the raising of commotion to defy authorities. 2. As to offenders Mutiny is committed by members of the complement or the passengers of the vessel. Piracy is committed by persons who are not members of the complement or the passengers of the vessel. (Comes from outside the vessel) Note: What is important is that the principal offender is neither a passenger nor a member. Strength of the offender is immaterial. 3. As to criminal intent In mutiny, there is no criminal intent. In piracy, the criminal intent is for gain. ARTICLE 123 QUALIFIED PIRACY Elements 1. The vessel is on the high seas or Philippine waters; 2. Offenders may or may not be members of its complement, or passengers of the vessel; 3. Offenders either – a. attack or seize the vessel; or b. seize the whole or part of the cargo, its equipment., or personal belongings of the crew or passengers; The preceding were committed under any of the following circumstances: a. whenever they have seized a vessel by boarding or firing upon the same; b. whenever the pirates have abandoned their victims without means of saving themselves; or c. whenever the crime is accompanied by murder, homicide, physical injuries or rape Q. Why is it “qualified”? A. Because it has circumstances. Note: Irrespective of the number of persons murdered, injured or raped in the course of piracy. There is only one composite crime of piracy. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE Crimes against the fundamental laws of the State 1. Arbitrary detention (Art. 124); 2. Delay in the delivery of detained persons to the proper judicial authorities (Art. 125); 3. Delaying release (Art. 126); 4. Expulsion (Art. 127); 5. Violation of domicile (Art. 128); 6. Search warrants maliciously obtained and abuse in the service of those legally obtained (Art. 129); 7. Searching domicile without witnesses (Art. 130); 8. Prohibition, interruption, and dissolution of peaceful meetings (Art. 131); 9. Interruption of religious worship (Art. 132); 10. Offending the religious feelings (Art. 133);

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ARTICLE 124 ARBITRARY DETENTION Elements 1. Offender is a public officer or employee; 2. He detains a person; 3. The detention is without legal grounds. Meaning of absence of legal grounds 1. No crime was committed by the detained; 2. There is no violent insanity of the detained person; and 3. The person detained has no ailment which requires compulsory confinement in a hospital. Notes:  The offender is a public officer or employee who has the authority to detain a person  Detention is unlawful from the beginning  Consider the period of detention for purposes of imposing the penalty  If detention is with legal ground, do not consider the period of detention (legal grounds – commission of a crime, insanity) ARTICLE 125 DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES Elements 1. Offender is a public officer or employee; 2. He detains a person for some legal ground; 3. He fails to deliver such person to the proper judicial authorities within – a. 12 hours for light penalties; b. 18 hours for correctional penalties; and c. 36 hours for afflictive or capital penalties Notes:  

The detention is legal in the beginning but it becomes illegal after the lapse of a certain period of time Applies only in cases of warrantless arrest (but take note of the exceptions – ROC – arrest is legal even if without warrant of arrest)

Sec. 5, Rule 113, Rules of Court: A peace officer or a private person may without a warrant, arrest a person: a.) When in his presence, the person to be arrested has committed, is actually committing or is attempting to commit an offense b.) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it. c.) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending or has escaped while being transferred from one confinement to another d.) Sec. 13, Rule 113 – If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines.

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Vessel – includes bancas, rafts, or any water raft used in transporting people who commute from one place to another.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo



There is a legal ground for detention Arrest is legal if it is effected with warrant of arrest The person lawfully arrested must be brought to the fiscal for purposes of inquest The fiscal is not a judicial officer so he cannot issue a warrant of arrest or confinement

Q. Arresting officer Charles lawfully arrested Ayce without a warrant. She was brought to Fiscal Saskia xxx What if Fiscal Saskia did not act on the case, can the arresting officer be held liable for Art. 125? A. Yes. Because the fiscal is not a judicial authority. Note: If fiscal did not act on the case, sue the him administratively *ARTICLE 126 DELAYING RELEASE ARTICLE 127 EXPULSION

 If with search warrant but it was used with excessive authority or caused unnecessary damage or destruction, officers will be liable for violation of domicile ARTICLE 129 SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED Acts punished 1. Procuring a search warrant without just cause; Elements a. Offender is a public officer or employee; b. He procures a search warrant; c. There is no just cause. 2. Exceeding his authority or by using unnecessary severity in executing a search warrant legally procured. Elements a. Offender is a public officer or employee; b. He has legally procured a search warrant; c. He exceeds his authority or uses unnecessary severity in executing the same. Notes:  Still liable in addition to whatever liability attaching to the offender for the commission of any other offense  Application of search warrant is made under oath in the court

Elements 1. Offender is a public officer or employee; 2. He either – a. expels any person from the Philippines; or b. compels a person to change residence; 3. Offender is not authorized to do so by law. Note: Only the President can order expulsion

Q. What if the public officer obtained a search warrant but made a false statement under oath, what are his liabilities? A. Art. 129 + perjury (maliciously obtained)

ARTICLE 128 VIOLATION OF DOMICILE

*ARTICLE 130 SEARCHING DOMICILE WITHOUT WITNESS

Elements 1. Offender is a public officer or employee; 2. He is not authorized by judicial order to enter the dwelling or to make a search therein for papers or other effects.

*ARTICLES 131 PROHIBITION, INTERRUPTION PEACEFUL MEETINGS

Acts punished 1. Entering any dwelling against the will of the owner thereof; 2. Searching papers or other effects found therein without the previous consent of such owner; or 3. Refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same Q. When it is unlawful? A. Without will or consent of the occupant, surreptitiously, with express or implied prohibition Art. 128 vs. Art. 280 Art. 128 Offender is a public officer or employee

Offender individual

Art. 280 is a

private

Notes:  Warrant of arrest makes the arrest of a person lawful  Search warrant makes the entry lawful

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AND

DISSOLUTION

OF

*ARTICLE 132 INTERRUPTION OF RELIGIOUS WORSHIP *ARTICLE 133 OFFENDING THE RELIGIOUS FEELINGS CRIMES AGAINST PUBLIC ORDER Crimes against public order 1. Rebellion or insurrection (Art. 134); 2. Conspiracy and proposal to commit rebellion (Art. 136); 3. Disloyalty to public officers or employees (Art. 137); 4. Inciting to rebellion (Art. 138); 5. Sedition (Art. 139); 6. Conspiracy to commit sedition (Art. 141); 7. Inciting to sedition (Art. 142); 8. Acts tending to prevent the meeting of Congress and similar bodies (Art. 143); 9. Disturbance of proceedings of Congress or similar bodies (Art. 144); 10. Violation of parliamentary immunity (Art. 145); 11. Illegal assemblies (Art. 146); 12. Illegal associations (Art. 147); 13. Direct assaults (Art. 148); 14. Indirect assaults (Art. 149);

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  

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

ARTICLE 134 REBELLION OR INSURRECTION Purpose: to overthrow the duly constituted government Elements 1. There is a public uprising and taking arms against the government; 2. The purpose of the uprising or movement is a. to remove from the allegiance to the government or its laws Philippine territory or any part thereof, or any body of land, naval, or other armed forces; or b. to deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives. Notes:     

Always with public uprising If committed for private purpose without any political reason – separate The purpose is to overthrow the government Civilians backed-up by military Common crimes committed in pursuance of rebellion are absorbed in rebellion (absorption theory). It is absorbed because it is part of the commission of rebellion

Common Crimes with Rebellion: 1. Murder 2. Homicide 3. Physical Injuries 4. Theft  illegal possession of firearms – if done or used in the commission of murder or homicide, shall be considered as aggravating (it is not treated separately) but if used in committing another crime other than murder or homicide, absorbed in rebellion  Simple illegal possession – penalty depending on the caliber ARTICLE 134-A COUP D’ ETAT Elements 1. Offender is a person or persons belonging to the military or police or holding any public office or employment; 2. It is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth; 3. The attack is directed against the duly constituted authorities of the Republic of the Philippines, or any

1969-2008

4.

military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power; The purpose of the attack is to seize or diminish state power.

Rebellion vs. Coup d’ etat Rebellion 1. Purpose is to overthrow the duly constituted government 2. Always with public uprising 3. Persons involved are civilians backed up by military

Coup d’ etat 1. Purpose is not to overthrow but to diminish state powers 2. By violence, intimidation or threat 3. Persons involved are military backed up by civilians

ARTICLE 136 CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ ETAT, REBELLION OR INSURRECTION Conspiracy and proposal to commit rebellion are two different crimes, namely: 1. Conspiracy to commit rebellion; and 2. Proposal to commit rebellion. 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. *ARTICLE 137 DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES ARTICLE 138 INCITING TO REBELLION OR INSURRECTION Elements 1. Offender does not take arms or is not in open hostility against the government; 2. He incites others to the execution of any of the acts of rebellion; 3. The inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. Inciting – urging the people to rise-up ARTICLE 139 SEDITION Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum Elements 1. Offenders rise publicly and tumultuously; 2. Offenders employ force, intimidation, or other means outside of legal methods; 3. Purpose is to attain any of the following objects: a. To prevent the promulgation or execution of any law or the holding of any popular election; b. To prevent the national government or any provincial or municipal government, or any public officer from exercising its or his functions or prevent the execution of an administrative order;

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15. Disobedience to summons issued by Congress, its committees, etc., by the constitutional commissions, its committees, etc. (Art. 150); 16. Resistance and disobedience to a person in authority or the agents of such person (Art. 151); 17. Tumults and other disturbances of public order (Art. 153); 18. Unlawful use of means of publication and unlawful utterances (Art. 154); 19. Alarms and scandals (Art. 155); 20. Delivering prisoners from jails (Art. 156); 21. Evasion of service of sentence (Art. 157); 22. Evasion on occasion of disorders (Art. 158); 23. Violation of conditional pardon (Art. 159); 24. Commission of another crime during service of penalty imposed for another previous offense (Art. 160).

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

d. e.

To inflict any act of hate or revenge upon the person or property of any public officer or employee; To commit, for any political or social end, any act of hate or revenge against private persons or any social classes; To despoil for any political or social end, any person, municipality or province, or the national government of all its property or any part thereof.

Notes:  Memorize the objects of sedition  Sedition – creating commotion, no purpose of overthrowing, to express dissent  Maybe for political reasons  Public uprising + objects of sedition = sedition  Common crimes committed are not absorbed (no absorption theory) so they are penalized separately Rebellion vs. Sedition Rebellion To overthrow the government / there must be taking up or arms against the government

Sedition Public uprising but not to overthrow / sufficient that the public uprising be tumultuous.

The purpose political.

Purpose may be political or social

is

always

Persons liable for sedition under Article 140 1. The leader of the sedition; and 2. Other person participating in the sedition. ARTICLE 141 CONSPIRACY TO COMMIT SEDITION There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition. There is no proposal to commit sedition. ARTICLE 142 INCITING TO SEDITION Acts punished 1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc.; 2. Uttering seditious words or speeches which tend to disturb the public peace; 3. Writing, publishing, or circulating scurrilous libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace. Elements 1. Offender does not take direct part in the crime of sedition; 2. He incites others to the accomplishment of any of the acts which constitute sedition; 3. Inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending towards the same end.

1969-2008

Rules relative to seditious words: 1. Clear and Present Danger Rule – the words must be of such nature that by uttering them there is a danger of a public uprising and that such danger should be both clear and imminent. There must be reasonable ground to believe that the danger apprehended is imminent and that the evil to be prevented is a serious one. There must be probability of serious injury to the State. Present refers to time element. The danger must not only be probable but very likely inevitable. 2. Dangerous Tendency Rule – if the words used tend to create a danger of public uprising then those words could properly be the subject of a penal clause. There is inciting to sedition when the words uttered or published could easily produce disaffection among the people and a state of feeling in them incompatible with a disposition to remain loyal to the Government and obedient to the laws. Note: R.A. 1700 did not repeal all other laws relating to subversion *ARTICLE 143 ACTS TENDING TO PREVENT THE MEETING OF THE CONGRESS OF THE PHILIPPINES AND SIMILAR BODIES *ARTICLE 144 DISTURBANCE OF PROCEEDINGS *ARTICLE 145 VIOLATION OF PARLIAMENTARY IMMUNITY ARTICLE 146 ILLEGAL ASSEMBLIES Acts punished 1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code; Elements a. There is a meeting, a gathering or group of persons, whether in fixed place or moving; b. The meeting is attended by armed persons; c. The purpose of the meeting is to commit any of the crimes punishable under the Code. 2. Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or assault upon person in authority or his agents. Elements a. There is a meeting, a gathering or group of persons, whether in a fixed place or moving; b. The audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault. Notes:  There must be an assembly – actual assemblage of persons whether armed or unarmed  Offender should have attended the assembly ARTICLE 147 ILLEGAL ASSOCIATIONS Illegal associations

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c.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Code; 2. Associations totally or partially organized for some purpose contrary to public morals Persons liable 1. Founders, directors and president of the association; 2. Mere members of the association. Note: It is the purpose that makes it illegal ARTICLE 148 DIRECT ASSAULT

 If not past performance – physical injuries not assault Example Judge Faye was attacked by an ex-convict (judge was the one who sentenced the convict) ARTICLE 149 INDIRECT ASSAULT Elements 1. A person in authority or his agent is the victim of any of the forms of direct assault defined in Article 148; 2. A person comes to the aid of such authority or his agent; 3. Offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent.

Acts punished 1. Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition; Elements a. Offender employs force or intimidation; b. The 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. There is no public uprising. 2. Without public uprising, by attacking, by employing force or by seriously intimidating or by seriously resisting any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance. Elements a. Offender makes an attack, employs force, makes a serious intimidation, or makes a serious resistance; b. The person assaulted is a person in authority or his agent; c. At the time of the assault, the person in authority or his agent is engaged in the actual performance of official duties, or that he is assaulted by reason of the past performance of official duties; d. Offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties. e. There is no public uprising.

Notes:  Can only be committed when there is direct assault  There are 3 persons involved  Agents of persons in authority – when the agent is performing his own official duty and not acting as a third person

Forms of Direct Assault: 1. Shall employ force or intimidation xxx

An agent of a person in authority is one charged with: (1) the maintenance of public order and (2) the protection and security of life and property. Examples of persons in authority Municipal mayor; Division superintendent of schools; Public and private school teachers; Teacher-nurse; President of sanitary division; Provincial fiscal; Justice of the Peace; Municipal councilor; Barrio captain and barangay chairman.

Rebellion vs. Direct Assault Rebellion With public uprising

Direct Assault Without public uprising (1st form of direct assault)

2. Shall attack, employs force, makes a serious intimidation xxx  Persons in authority – see Art. 152  Agent – must also be performing an official duty  Engaged in the performance – motive is immaterial so whatever is the reason of the attack or even if it is a private matter and nothing to do with the functions of the person  On the occasion of such performance or past performance (must prove that the motive to assault was because of past performance)

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Example A teacher (person in authority) was attacked and somebody helped the teacher and was also attacked. No indirect assault. Note that teachers and professors will apply only to Articles 148 and 151 only. *ARTICLE 150 DISOBEDIENCE TO SUMMONS ISSUED BY CONGRESS, ITS COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES, SUBCOMMITTEES OR DIVISIONS *ARTICLE 151 RESISTANCE AND DISOBEDIENCE TO A PERSON AUTHORITY OR THE AGENTS OF SUCH PERSON

IN

Who are deemed persons in authority and agents of persons in authority under Article 152 Person in authority - one directly vested with jurisdiction, that is, the power and authority to govern and execute the laws.

Note: The third paragraph is not applicable to indirect assault because it is only for the purpose of Articles 148 and 151. Hence, when a person comes to the aid of a teacher there is no indirect assault. *ARTICLE 153

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1.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

*ARTICLE 154 UNLAWFUL USE OF MEANS UNLAWFUL UTTERANCES

OF

PUBLICATION

AND

ARTICLE 155 ALARMS AND SCANDALS 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; 2. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility; 3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements; 4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Article 153 in not applicable. When a person discharges a firearm in public, the act may constitute any of the possible crimes under the Revised Penal Code: (1) Alarms and scandals if the firearm when discharged was not directed to any particular person; (2) Illegal discharge of firearm under Article 254 if the firearm is directed or pointed to a particular person when discharged but intent to kill is absent; (3) Attempted homicide, murder, or parricide if the firearm when discharged is directed against a person and intent to kill is present. Notes:  Crime against public order, hence, offender cannot avail of probation  Not aimed at anybody and discharged  If aimed and not discharged – grave threats  If aimed (must be particular) at someone and discharged but no intent to kill – Art. 254 (Discharge of firearm)  If directed at someone with intent to kill and it was discharged – attempted homicide or murder Art. 155 vs. Art. 254 (Discharge of firearm) Art. 155 Purpose is to scare

Art. 254 Purpose is to shoot another. It is aimed & discharged but with no intent to kill.

Preventive imprisonment – non-bailable offense or with bail but the person has no money to bail. Art. 156 vs. Art. 157 Art. 156 Without final judgment

ARTICLE 157 EVASION OF SERVICE OF SENTENCE Elements 1. Offender is a convict by final judgment; 2. He is serving sentence which consists in the deprivation of liberty; 3. He evades service of his sentence by escaping during the term of his imprisonment. Notes:  There must be final judgment.  Does not apply to detention prisoners. *ARTICLE 158 EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR OTHR CALAMITIES ARTICLE 159 OTHER CASES OF EVASION OF SERVICE OF SENTENCE Elements of violation of conditional pardon 1. Offender was a convict; 2. He was granted pardon by the Chief Executive; 3. He violated any of the conditions of such pardon. Notes:  Violation of conditional pardon  There must be conviction of a new crime before it can be applicable ARTICLE 160 COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE Elements 1. Offender was already convicted by final judgment of one offense; 2. He committed a new felony before beginning to serve such sentence or while serving the same. Notes:  

ARTICLE 156 DELIVERING PRISONERS FROM JAIL Elements 1. There is a person confined in a jail or penal establishment; 2. Offender removes therefrom such person, or helps the escape of such person. Note:

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Art. 157 With final judgment. Does not cover detention period.

 

Quasi-recidivism Person after having been convicted by final judgment shall commit a new felony before beginning to serve such sentence or while serving the same The penalty for the new crime in its maximum, mitigating circumstance will not be considered Second crime must be a felony CRIMES AGAINST PUBLIC INTEREST

Crimes against public interest

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TUMULTS AND OTHER DISTURBCANCES OF PUBLIC ORDER

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo Counterfeiting the great seal of the Government of the Philippines (Art. 161); 2. Using forged signature or counterfeiting seal or stamp (Art. 162); 3. Making and importing and uttering false coins (Art. 163); 4. Mutilation of coins, importation and uttering of mutilated coins (Art. 164); 5. Selling of false or mutilated coins, without connivance (Art. 165); 6. Forging treasury or bank notes or other documents payable to bearer, importing and uttering of such false or forged notes and documents (Art. 166); 7. Counterfeiting, importing and uttering instruments not payable to bearer (Art. 167); 8. Illegal possession and use of forged treasury or bank notes and other instruments of credit (Art. 168) 9. Falsification of legislative documents (Art. 170); 10. Falsification by public officer, employee or notary (Art. 171); 11. Falsification by private individuals and use of falsified documents (Art. 172); 12. Falsification of wireless, cable, telegraph and telephone messages and use of said falsified messages (Art. 173); 13. False medical certificates, false certificates of merit or service (Art. 174); 14. Using false certificates (Art. 175); 15. Manufacturing and possession of instruments or implements for falsification (Art. 176); 16. Usurpation of authority or official functions (Art. 177); 17. Using fictitious name and concealing true name (Art. 178); 18. Illegal use of uniforms or insignia (Art. 179); 19. False testimony against a defendant (Art. 180); 20. False testimony favorable to the defendant (Art. 181); 21. False testimony in civil cases (Art. 182); 22. False testimony in other cases and perjury (Art. 183); 23. Offering false testimony in evidence (Art. 184); 24. Machinations in public auction (Art. 185); 25. Monopolies and combinations in restraint of trade (Art. 186); 26. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys (Art. 187); 27. Substituting and altering trademarks and trade names or service marks (Art. 188); 28. Unfair competition and fraudulent registration of trademark or trade name, or service mark; fraudulent designation of origin, and false description (Art. 189). *Article 161 Counterfeiting the Great Seal of the Government of the Philippine Islands, Forging the Signature or Stamp of the Chief Executive *Article 162 Using Forged Signature or Counterfeit Seal or Stamp *Article 163 Making and Importing and Uttering False Coins *Article 164 Mutilation of Coins Reducing the quality of coins. Reduction of content.

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*Article 165 Selling of False or Mutilated Coin, without Connivance *Article 166 Forging Treasury or Bank Notes or Other Documents Payable to Bearer; Importing and Uttering Such False or Forged Notes and Documents Utterance – you deliver or issue *Article 167 Counterfeiting, Importing, and Uttering Instruments Not Payable to Bearer ARTICLE 168 ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT Elements 1. Any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person; 2. Offender knows that any of those instruments is forged or falsified; 3. He either – a. uses any of such forged or falsified instruments; or b. possesses with intent to use any of such forged or falsified instruments Note: It is not enough that you caught him in possession xxx make sure that it is falsified How forgery is committed under Article 169 1. By giving to a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document; 2. By erasing, substituting, counterfeiting, or altering by any means the figures, letters, words, or sign contained therein. *Article 170 Falsification of Legislative Documents ARTICLE 171 FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER Elements 1. Offender is a public officer, employee, or notary public; 2. He takes advantage of his official position; 3. He falsifies a document by committing any of the following acts: a. Counterfeiting or imitating any handwriting, signature or rubric; b. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate; c. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;

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1.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo Making untruthful statements in a narration of facts; Altering true dates; Making any alteration or intercalation in a genuine document which changes its meaning; g. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; or h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. 4. In case the offender is an ecclesiastical minister who shall commit any of the offenses enumerated, with respect to any record or document of such character that its falsification may affect the civil status of persons. Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum Example - No. 3 (b) Deed of Sale executed by A and B in favor of C. A and B did not really sell the property. Example – No. 3 (g) Attesting or certifying to the fact that the document is genuine. Making a false statement of a document. Example – No. 3 (h) Omitting words or inserting words. Volume 3 making it volume 5. Art. 171 vs. Art. 172 Art. 171 Art. 172 Both refer to falsification Offender is a public officer, Offender is a private employee, notary public, individual ecclesiastical minister It covers public documents It covers public or private documents ARTICLE 172 FALSIFICATION BY PRIVATE INDIVIDUAL AND USE OF FALSIFIED DOCUMENTS Acts punished 1. Falsification of public, official or commercial document by a private individual; 2. Falsification of private document by any person; 3. Use of falsified document. Elements under paragraph 1 1. Offender is a private individual or public officer or employee who did not take advantage of his official position; 2. He committed any act of falsification; 3. The falsification was committed in a public, official, or commercial document or letter of exchange. Elements under paragraph 2 1. Offender committed any of the acts of falsification except Article 171(7), that is, issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original;

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2. 3.

Falsification was committed in any private document; Falsification causes damage to a third party or at least the falsification was committed with intent to cause such damage.

Note: Intent to cause damage is not an element for a public document Elements under the last paragraph In introducing in a judicial proceeding – 1. Offender knew that the document was falsified by another person; 2. The false document is in Articles 171 or 172 (1 or 2); 3. He introduced said document in evidence in any judicial proceeding. Notes:  For possession, use or introduction  Establish first that the document is falsified  Perjury also contains false statements. Perjury should relate to the subject matter of the litigation while falsification is making a false statement whether or not it is material to the investigation.  If notarized and made under oath – public document Regular Complex Crimes: 1. Compound crime 2. Complex crime proper - one crime is a necessary means to commit the other crime. Example Estafa thru falsification of public document. You first commit falsification then estafa (2 crimes). Please correct page 29 under complex crime proper. This should be the example. Q. Why is there no complex crime of estafa thru falsification of private documents? A. Because falsification under Art. 172 and estafa have the same element which is intent to cause damage. A single element cannot be used for 2 crimes. Note that intent to cause damage is not an element of a public document. *Article 173 Falsification of Wireless, Cable, Telegraph and Telephone Messages, and Use of Said Falsified Messages *Article 174 False Medical Certificates, False Certificates of Merits or Service, Etc. *Article 175 Using False Certificates *Article 176 Manufacturing and Possession Implements for Falsification

of

Instruments

or

ARTICLE 177 USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS Acts punished 1. Usurpation of authority; Elements a. Offender knowingly and falsely represents himself;

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d. e. f.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

2.

As an officer, agent or representative of any department or agency of the Philippine government or of any foreign government. Usurpation of official functions. Elements a. Offender performs any act; b. Pertaining to any person in authority or public officer of the Philippine government or any foreign government, or any agency thereof; c. Under pretense of official position; d. Without being lawfully entitled to do so.

2 Crimes: 1. Usurpation of authority – any person who knowingly and falsely represent himself. What is penalized is your false representation. Representation is verbal. Example Buksan nyo ito pulis ako! Then the police committed robbery. (Verbal false representation) 2. Usurpation of official functions – you perform an act in pretense of an official function. Example Akin na ang lisensya mo! Titiketan kita! (but you have no authority) *Article 178 Using Fictitious Name and Concealing True Name Purpose: to conceal a crime / evade execution of judgment or cause damage *Article 179 Illegal Use of Uniforms or Insignia ARTICLE 180 FALSE TESTIMONY AGAINST A DEFENDANT Elements 1. There is a criminal proceeding; 2. Offender testifies falsely under oath against the defendant therein; 3. Offender who gives false testimony knows that it is false. 4. Defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. Three forms of false testimony 1. False testimony in criminal cases under Article 180 and 181; 2. False testimony in civil case under Article 182; 3. False testimony in other cases under Article 183. ARTICLE 181 FALSE TESTIMONY FAVORABLE TO THE DEFENDANT Elements 1. A person gives false testimony; 2. In favor of the defendant; 3. In a criminal case. ARTICLE 182 FALSE TESTIMONY IN CIVIL CASES Elements 1. Testimony given in a civil case; 2. Testimony relates to the issues presented in said case;

1969-2008

3. 4. 5.

Testimony is false; Offender knows that testimony is false; Testimony is malicious and given with an intent to affect the issues presented in said case.

ARTICLE 183 FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION Acts punished 1. By falsely testifying under oath; 2. By making a false affidavit. Elements of perjury 1. Offender makes a statement under oath or executes an affidavit upon a material matter; 2. The statement or affidavit is made before a competent officer, authorized to receive and administer oaths; 3. Offender makes a willful and deliberate assertion of a falsehood in the statement or affidavit; 4. The sworn statement or affidavit containing the falsity is required by law, that is, it is made for a legal purpose. Two Crimes: 1. False testimony in other cases – making untruthful statements 2. Perjury in solemn affirmation – false statement material to the subject matter. Not simply pertinent to the issue. Material matter – subject of investigation or resolution of an issue Notes:  Applies to other cases other than civil and criminal cases  Competent person – typing clerk not included  Perjury – there is an execution of a sworn statement or affidavit which is untruthful and material to the subject of the inquiry; deliberate assertion of falsehood contained in a sworn affidavit upon a material matter before a person authorized to administer oath  Untruthful statements in documents – falsification Q. What is the effect if you swore a document before a typing clerk? Is it perjury? A. No. Because a typing clerk is not authorized to administer oath Subornation of perjury – when you induced somebody to execute an affidavit containing a false statement upon a material matter (different from pertinent matter). This is not a crime but the one who induced shall be liable for perjury as principal by inducement and the one induced for perjury as principal by direct participation. Note: liable only when conspiracy is proven. Q. What if the person induced executed the affidavit? Is the person who induced the other liable for subornation? A. The person who induced the other is not liable. There is no subornation of perjury. But he will be liable for perjury by inducement because there is conspiracy between them. Q. What if the person induced refused to execute the document, will he be held liable? A. No.

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b.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo Art. 180 vs. Art. 181 vs. Art. 182 vs. Art. 183 Art. 180 Art. 181 Art. 182 Art. 183 Criminal Criminal Ordinary Other cases other cases Case civil cases than criminal case and ordinary civil cases Ex. special proceedings – hospitalization of insane person Against In favor of the the defendant defendant

Combination – join forces to exclude others in restraint of trade.

*ArtIcle 184 Offering False Testimony in Evidence

*Article 188 Substituting and altering trademarks, trade names or service marks.

Purposes: 1. To cause the reduction of the price of the thing auctioned. 2. To prevent bidders to take part in the auction. Acts punishable: 1. By soliciting any gift or promise as a consideration for refraining from taking part in any public auction 2. By attempting to cause bidders to stay away from an auction by threats, gifts, promises or any other artifice. Elements of soliciting gift or promise: 1. That there be a public auction. 2. That the accused solicited any gift or a promise from any of the bidders 3. That such gift or promise was the consideration for his refraining from taking part in the public auction. 4. That the accused had the intent to cause the reduction of the price of the thing auctioned. Elements of attempting to cause bidders to stay away: 1. That there be a public auction 2. That the accused attempted to cause the bidders to stay away from that public auction 3. That it was done by threats, gifts, promises or any other artifice 4. That the accused had the intent to cause the reduction of the price of the thing auctioned. Example There is a public auction and you threaten the other bidder so he will not participate in the auction. ARTICLE 186 MONOPOLIES AND COMBINATIONS IN RESTRAIN OF TRADE Acts punished: 1. Combination to prevent free competition in the market. 2. Monopoly to restrain free competition in the market. 3. 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. Monopoly – controlling one industry in restraint of trade.

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*Article 187 Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys

*Article 189 Unfair competition, fraudulent registration of trade name, trademark or service mark, fraudulent designation of origin and false description Articles 188 and 189 are covered by the Intellectual Property Code. Articles 190, 191, 192 and 193 were repealed by R.A. 9165 known as the Comprehensive Dangerous Drugs Act of 2002 CRIMES AGAINST PUBLIC MORALS 1. Gambling (Art. 195 2. Importation, sale and possession of lottery tickets or advertisements (Art. 196) 3. Betting in sport contests (Art. 197) 4. Illegal betting on horse races (Art. 198) 5. Illegal cockfighting (Art. 199) 6. Grave scandal (Art. 200) 7. Immoral doctrines, obscene publications and exhibitions (Art. 201) 8. Vagrancy and prostitution (Art. 202) *Note: The provisions of Article 195-199 as well as those of PD 483 and 449, which are inconsistent with PD 1602 are repealed ARTICLE 200 GRAVE SCANDAL Elements: 1. That the offender performs an act or acts 2. That such act or acts be highly scandalous as offending against decency or good customs 3. That the highly scandalous conduct is not expressly falling within any other article of this Code. 4. That the act or acts complained of be committed in a public place or within the public knowledge or view. Grave Scandal – consists of acts which are offensive to decency and good customs which having been committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same. ARTICLE 201 IMMORAL DOCTRINES, OBSCENE EXHIBITIONS AND INDECENT SHOWS

PUBLICATIONS

AND

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ARTICLE 185 MACHINATIONS IN PUBLIC AUCTIONS

Example You try to control one business or industry. Note that the mere monopoly is not penalized but there should be monopoly in restraint of trade.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

ARTICLE 202 VAGRANTS AND PROSTITUTES Vagrants must be either – 1. An idle or dissolute person who lodges in houses of ill-fame 2. Ruffian or pimp 3. One who habitually associates with prostitutes Q. Who are prostitutes? A. A woman is a prostitute when: 1. She habitually indulges in a.) sexual intercourse or b.) lascivious conduct 2. for money or for profit

30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40.

41. Unlawful appointments (Art. 244); and 42. Abuses against chastity (Art. 245). Requsites to be a public officer under Article 203 1.

CRIMES COMMITTED BY PUBLIC OFFICERS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29.

Knowingly rendering unjust judgment (Art. 204); Judgment rendered through negligence (Art. 205); Unjust interlocutory order (Art. 206); Malicious delay in the administration of justice (Art. 207); Prosecution of offenses; negligence and tolerance (Art. 208); Betrayal of trust by an attorney or solicitor – Revelation of secrets (Art. 209); Direct bribery (Art. 210); Indirect bribery (Art. 211); Qualified bribery (Art. 211-A); Corruption of public officials (Art. 212); Frauds against the public treasury and similar offenses (Art. 213); Other frauds (Art. 214); Prohibited transactions (Art. 215); Possession of prohibited interest by a public officer (Art. 216); Malversation of public funds or property – Presumption of malversation (Art. 217) Failure of accountable officer to render accounts (Art. 218); Failure of a responsible public officer to render accounts before leaving the country (Art. 219); Illegal use of public funds or property (Art. 220); Failure to make delivery of public funds or property (Art. 221); Conniving with or consenting to evasion (Art. 223); Evasion through negligence (Art. 224); Escape of prisoner under the custody of a person not a public officer (Art. 225); Removal, concealment or destruction of documents (Art. 226); Officer breaking seal (Art. 227); Opening of closed documents (Art. 228); Revelation of secrets by an officer (Art. 229); Public officer revealing secrets of private individual (Art. 230); Open disobedience (Art. 231); Disobedience to order of superior officer when said order was suspended by inferior officer (Art. 232);

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Refusal of assistance (Art. 233); Refusal to discharge elective office (Art. 234); Maltreatment of prisoners (Art. 235); Anticipation of duties of a public office (Art. 236); Prolonging performance of duties and powers (Art. 237); Abandonment of office or position (Art. 238); Usurpation of legislative powers (Art. 239); Usurpation of executive functions (Art. 240); Usurpation of judicial functions (Art. 241); Disobeying request for disqualification (Art. 242); Orders or requests by executive officers to any judicial authority (Art. 243);

2.

Taking part in the performance of public functions in the government; or Performing in said government or in any of its branches public duties as an employee, agent or subordinate official, or any rank or class; His authority to take part in the performance of public functions or to perform public duties must be – a. By direct provision of the law; b. By popular election; or c. By appointment by competent authority.

ARTICLE 204 KNOWINGLY RENDERING UNJUST JUDGMENT Elements 1. Offender is a judge; 2. He renders a judgment in a case submitted to him for decision; 3. Judgment is unjust; 4. The judge knows that his judgment is unjust. Notes:  Articles 204 – 207 are committed by judges of trial courts and not judges of CA, SC and Sandiganbayan  to correct errors of judgment  appeal  simple error in judgment is not penalized because there is appeal ARTICLE 205 JUDGMENT RENDERED THROUGH NEGLIGENCE Elements 1. Offender is a judge; 2. He renders a judgment in a case submitted to him for decision; 3. The judgment is manifestly unjust; 4. It is due to his inexcusable negligence or ignorance. ARTICLE 206 UNJUST INTERLOCUTORY ORDER Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum Elements 1. Offender is a judge; 2. He performs any of the following acts: a. Knowingly rendering an unjust interlocutory order or decree; or

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This offense in any of the forms mentioned in the article is committed only when there is publicity.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo Rendering a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance.

Note: Interlocutory order is made during the pendency of action (but it is not final) ARTICLE 207 MALICIOUS DELAY IN ADMINISTRATION OF JUSTICE Elements 1. Offender is a judge; 2. There is a proceeding in his court; 3. He delays in the administration of justice; 4. The delay is malicious, that is, with deliberate intent to inflict damage on either party in the case. Note: Exceeding 90 days and it should be malicious (there should be malicious intent) *Article 208. Prosecution of Offenses; Negligence and Tolerance *Article 209. Betrayal of Trust by An Attorney or Solicitor – Revelation of Secrets

Forms of Direct Bribery 1. In consideration of a price (agrees only or agrees to perform an act) – accepting consideration and actually performed the duty 2. Mere agreement without accepting the consideration 3. Accepted the consideration and he refrains from doing his official duty (because there is a consideration) Note:  No frustrated bribery. Only attempted and consummated. ARTICLE 211 INDIRECT BRIBERY Elements 1. Offender is a public officer; 2. He accepts gifts; 3. The gifts are offered to him by reason of his office. Notes:    

ARTICLE 210 DIRECT BRIBERY Acts punished 1. Agreeing to perform, or performing, in consideration of any offer, promise, gift or present – an act constituting a crime, in connection with the performance of his official duties; 2. Accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty; 3. Agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in consideration of gift or promise. Elements 1. Offender is a public officer within the scope of Article 203; 2. Offender accepts an offer or a promise or receives a gift or present by himself or through another; 3. Such offer or promise be accepted, or gift or present received by the public officer – a. With a view to committing some crime; or b. In consideration of the execution of an act which does not constitute a crime, but the act must be unjust; or c. To refrain from doing something which it is his official duty to do. 4. The act which offender agrees to perform or which he executes be connected with the performance of his official duties. Kinds of Bribery: 1. Direct 2. Indirect 3. Qualified

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He accepts the gift offered to him and he is not asked to refrain from doing his official duty In anticipation of future favors The offender must perform an act to show that he is the owner of the gift The public officer need not do anything but it simply given a gift and accepted it by reason of his office

Mendoza Case Facts: The teacher was arrested through entrapment (inaabot pa lang yung envelope tapos inaresto) Held: That is not indirect bribery because the teacher did not intend to own the money Pag inabot tapos nilagay sa bag then it is indirect bribery ARTICLE 211-A QUALIFIED BRIBERY Elements 1. Offender is a public officer entrusted with law enforcement; 2. He refrains from arresting or prosecuting an offender who has committed a crime; 3. Offender has committed a crime punishable by reclusion perpetua and/or death; 4. Offender refrains from arresting or prosecuting in consideration of any offer, promise, gift, or present. Law Enforcement – police officer or fiscal Notes: If he asks or demands for a gift, the penalty is death *Article 212 Corruption of Public Officials *Article 213 Frauds Against the Public Treasury and Similar Offenses *Article 214 Other Frauds

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b.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo *Article 215 Prohibited Transactions



*Article 216 Possession of Prohibited Interest By A Public Officer

*Article 218 Failure of Accountable Officer to Render Accounts OR

PROPERTY

–

Acts punished 1. Appropriating public funds or property; 2. Taking or misappropriating the same; 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 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. Malversation – committed by public officer Public funds or properties entrusted to a public Officer who is accountable for such public funds and he used it for personal use Notes:        

In estafa there is abuse of confidence and it is by means of deceit Malversation in relation to estafa – see Art. 315 paragraph 1 (something is given in trust to somebody) Abuse of trust and confidence are both present in malversation and estafa Arts. 217 and 315 – no transfer of ownership (only physical and juridical possession) Circumstantial Evidence – if he cannot return or the fund entrusted upon demand, the presumption is that it was for personal purpose/s. The presumption arises when there is no doubt at all that the fund or property should be in the possession of the public officer and that said fund was not utilized by the government for any other purpose. When there is a need to audit, the presumption will arise once the audit is complete. It must be thorough.

Malversation vs. Estafa M – public officer is accountable E – offender is a private individual Q. Can a private individual commit malversation? Solely? A. Yes. But not solely If he acted in conspiracy with a public officer in  the misappropriation of public funds (Art. 222) but private individual cannot be held liable alone  Benefited from the misappropriation

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*Article 219 Failure of A Responsible Public Officer to Render Accounts before Leaving the Country ARTICLE 220 ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY Elements 1. Offender is a public officer; 2. There are public funds or property under his administration; 3. Such fund or property were appropriated by law or ordinance; 4. He applies such public fund or property to any public use other than for which it was appropriated for. Concept: In malversation the public officer benefits by misappropriating the public funds but in technical malversation the public officer does not benefit. Any public officer who shall apply any public funds or property under his administration to any public use other than that for which such funds or property were appropriated by laws or ordinances. Notes:  This article is also known as technical malversation  No personal benefit on the part of the public officer  Damage is not an element  If funds were not yet appropriated by law or ordinance was applied to a public purpose by the custodian, the crime is plain and simple malversation, not technical malversation.  If the funds had been appropriated for a particular public purpose, but the same was applied to private purpose, the crime committed is simple malversation only  In technical malversation the fund or property is allotted by specific law Example A fund according to a law or ordinance was allotted to a ―D‖ project but the public officer used it for ―E‖ project. Q. May technical malversation be committed by a private individual? A. Yes ARTICLE 223 CONNIVING WITH OR CONSENTING TO EVASION Elements 1. Offender is a public officer; 2. He had in his custody or charge a prisoner, either detention prisoner or prisoner by final judgment; 3. Such prisoner escaped from his custody; 4. He was in connivance with the prisoner in the latter’s escape. Notes

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ARTICLE 217 MALVERSATION OF PUBLIC FUNDS PRESUMPTION OF MALVERSATION

Malversation may be committed by a private person who was constituted a custodian of property placed under cutodia legis which gives it the character if public property accountability of the government.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo Usually committed by the jail warden This is betrayal of obligation

ARTICLE 224 EVASION THROUGH NEGLIGENCE Elements 1. Offender is a public officer; 2. He is charged with the conveyance or custody of a prisoner or prisoner by final judgment; 3. Such prisoner escapes through negligence. Notes   

Usually committed by a jail warden In this article the prisoner escapes but it is not within the knowledge or consent of the public officer Negligence must be proved. There must be total lack of performance of his obligation

Example Gerard (a prisoner) asked the permission of jail warden Kristoff that he will go to the comfort room. Jail warden Kristoff accompanied Gerard and checked the former checked the comfort room if there are possible exit points and waited outside. After few minutes Kristoff found out that Gerard escaped. Jail Warden Kristoff cannot be held liable under Article 224 because there was no negligence on his part.

1. 2. 3.

Offender is a public officer or employee; He has under his charge a prisoner or detention prisoner; He maltreats such prisoner in either of the following manners: a. By overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either – (1) By the imposition of punishment not authorized by the regulations; (2) By inflicting such punishments (those authorized) in a cruel and humiliating manner; or b. By maltreating such prisoners to extort a confession or to obtain some information from the prisoner.

Notes: This is in addition to his liability for the physical injuries or damage caused. “In addition” means that he will be liable for another crime connected to Art. 235. Example He burned the things of the prisoners  Art. 235 + Arson What is penalized is the conduct of the public officer in handling the prisoners. Example Using violence to correct the behavior of the prisoner

*Article 225 Escape of Prisoner under the Custody of a Person not a Public Officer

Q. What if the prisoner is unruly, so the public officer shot the prisoner because he cannot handle the prisoner. The prisoner died. Is the public officer liable for Art. 235? A. No. The public officer will be liable for murder or homicide because intent to kill is not an element of Art. 235

*Article 226 Removal, Concealment, or Destruction of Documents

*Article 236 Anticipation of Duties of A Public Office

*Article 227 Officer Breaking Seal

*Article 237 Prolonging Performance of Duties and Powers

*Article 228 Opening of Closed Documents

*Article 238 Abandonment of Office or Position

*Article 229 Revelation of Secrets by An Officer

*Article 239 Usurpation of Legislative Powers

*Article 230 Public Officer Revealing Secrets of Private individual Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum *Article 231 Open Disobedience

*Article 240 Usurpation of Executive Functions

*Article 232 Disobedience to Order of Superior Officer When Said Order Was Suspended by Inferior Officer

*Article 242 Disobeying Request for Disqualification

*Article 233 Refusal of Assistance *Article 234 Refusal to Discharge Elective Office ARTICLE 235 MALTREATMENT OF PRISONERS Elements

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*Article 241 Usurpation of Judicial Functions

*Article 243 Orders or Request by Executive Officers to Any Judicial Authority *Article 244 Unlawful Appointments ARTICLE 245 ABUSES AGAINST CHASTITY

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 

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

2.

Soliciting or making immoral or indecent advances to a woman under the offender’s custody;

3.

Soliciting or making immoral or indecent advances to the wife, daughter, sister or relative within the same degree by affinity of any person in the custody of the offending warden or officer.

Elements: 1. Offender is a public officer; 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. Notes:   

In relation to Sexual Harassment Act – work area / school. Offender takes advantage of his position in order to solicit or make immoral or indecent advances Mere solicitation consummates the act CRIMES AGAINST PERSONS

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

Parricide (Art. 246); Murder (Art. 248); Homicide (Art. 249); Death caused in a tumultuous affray (Art. 251); Physical injuries inflicted in a tumultuous affray (Art. 252); Giving assistance to suicide (Art. 253); Discharge of firearms (Art. 254); Infanticide (Art. 255); Intentional abortion (Art. 256);

10. Unintentional abortion (Art. 257); 11. Abortion practiced by the woman herself or by her parents (Art. 258); 12. Abortion practiced by a physician or midwife and dispensing of abortives (Art. 259); 13. Duel (Art. 260); 14. Challenging to a duel (Art. 261); 15. Mutilation (Art. 262); 16. Serious physical injuries (Art. 263); 17. Administering injurious substances or beverages (Art. 264); 18. Less serious physical injuries (Art. 265);

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19. Slight physical injuries and maltreatment (Art. 266); and 20. Rape (Art. 266-A). ARTICLE 246 PARRICIDE Elements 1. A person is killed; 2. The deceased is killed by the accused; 3. The deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse, of the accused. Notes:    

Father / mother / child – legitimate or illegitimate Ascendants / descendants / spouse - legitimate If the ascendants, descendants or spouse is illegitimate – homicide or murder Legitimacy of marriage is determined if it is under the Civil Law or Code of Muslim and Personal Laws for Muslims

Q. How about a Muslim – Muslims are allowed to have four wives, if the Muslim kills his first wife? A. Parricide Q. What if the Muslim contracts marriages under the Code of Muslim and Personal Laws and kills his 2nd to 4th wife? A. 4 counts of parricide. (Please check – because the Supreme Court ruled that Muslim husbands with several wives can be convicted of parricide only in case the first wife is killed. There is no parricide if the other wives are killed although their marriage is recognized as valid. This is so because a Catholic man can commit the crime only once. If a Muslim husband could commit this crime more than once, in effect, he is being punished for the marriage which the law itself authorized him to contract) ARTICLE 247 DEATH OR PHYSICAL INJURIES EXCEPTIONAL CIRCUMSTANCES

INFLICTED

UNDER

Elements 1. A legally married person, or a parent, surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse with another person; 2. He 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; 3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he or she has not consented to the infidelity of the other spouse. Two stages contemplated before the article will apply: (1) When the offender surprised the other spouse with a paramour or mistress. The attack must take place while the sexual intercourse is going on. If the surprise was before or after the intercourse, no matter how immediate it may be, Article 247 does not apply. The offender in this situation only gets the benefit of a mitigating circumstance, that is, sufficient provocation immediately preceding the act.

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Acts punished 1. Soliciting or making immoral or indecent advances to a woman interested in matters pending before the offending officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer;

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo (2)

When the offender kills or inflicts serious physical injury upon the other spouse and/or paramour while in the act of intercourse, or immediately thereafter, that is, after surprising.

Notes:    



Legally married – legitimate spouse Penalty: destierro only because of the circumstance of actual sexual intercourse Kill them while they are doing it or kill them immediately thereafter Even if he killed his first spouse after 1 hour. The interval of time is allowed for as long as it can be proved that the physical injuries or killing is the by product or result of the outrage felt by the spouse in discovering the infidelity of the other spouse. Art. 247 is not a license to commit any other crime other than those contemplated in Art. 247.

Q. M finds his wife having sexual intercourse with X. M burned the house of X. Can M invoke Art. 247? A. No. because what is contemplated in Art. 247 is murder or physical injuries and not arson. Q. J saw his wife having sexual intercourse with R but J’s wife is struggling “pumapalag”. J killed his wife. Can J invoke Art. 247? A. No. because under Art. 247 the sexual intercourse should be consensual. J committed parricide. Q. What if J killed R instead, can J invoke Art. 247? A. No. It may be treated as a justifying circumstance – defense of relatives or defense of stranger if common law spouse. ARTICLE 248 MURDER Elements A person was killed; Accused killed him; The killing was attended by any of the following qualifying circumstances – With treachery, taking advantage of superior strength, with the aid or armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity; B. IN CONSIDERATION OF A PRICE, REWARD OR PROMISE;

c.

4.

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; 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; e. With evident premeditation; f. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. The killing is not parricide or infanticide.

Notes: 

 

  

Abuse of superior strength – 3 offenders against 1 victim does not necessarily mean there is abuse of superior strength. It does not refer to superiority in numbers but in notorious inequality of force. Premeditation – study the elements: T.A.S. Cruelty – the number of wounds inflicted on the victim does not necessarily determine cruelty. It is how the infliction of wounds adds to the physical suffering. There must be clear evidence that the victim is still alive when cruelty is inflicted. Successive stabbing does not necessarily mean there is cruelty. Ignominy – moral suffering – not qualifying Absence of any qualifying circumstance – only Art. 249 Euthanasia – murder if the victim does not want to die. In Art. 253, the victim wants to die

ARTICLE 249 HOMICIDE Elements 1. A person was killed; 2. Offender killed him without any justifying circumstances; 3. Offender had the intention to kill, which is presumed; 4. The killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide Notes:  

With intent to kill Frustrated – mortal wound was inflicted

Q. What if the victim survived and there was intent to kill? A. Attempted or frustrated homicide. Q. What if there is no intent to kill? A. Physical injuries

Elements 1. There are several persons; 2. They do not compose groups organized for the common purpose of assaulting and attacking each other reciprocally;

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ARTICLE 251 DEATH CAUSED IN A TUMULTUOUS AFFRAY

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

4. 5. 6.

These several persons quarreled and assaulted one another in a confused and tumultuous manner; Someone was killed in the course of the affray; It cannot be ascertained who actually killed the deceased; The person or persons who inflicted serious physical injuries or who used violence can be identified.

2. 3.

4. Notes:  Basta join forces not necessarily gang  Tumultuous – armed or exerted violence *Article 252 Physical Injuries Inflicted in A Tumultuous Affray

Violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman; As a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom; The abortion is intended.

Intentional – exerted violence on the pregnant woman and the person who exerted violence knew of the pregnancy and the exertion of violence was to cause abortion. Unintentional – what is intended is the exertion of violence but abortion is not intended

ARTICLE 253 GIVING ASSISTANCE TO SUICIDE

ARTICLE 257 UNINTENTIONAL ABORTION

Acts punished 1. Assisting another to commit suicide, whether the suicide is consummated or not; 2. Lending his assistance to another to commit suicide to the extent of doing the killing himself.

Elements 1. There is a pregnant woman; 2. Violence is used upon such pregnant woman without intending an abortion; 3. The violence is intentionally exerted; 4. As a result of the violence, the fetus dies, either in the womb or after having been expelled therefrom. Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum *Article 258 Abortion Practiced by the Woman Herself or by Her Parents

Q. What is the crime committed if the patient is suffering but the patient does not want to die but you pulled off his life saving device? A. Murder. Q. What if you pulled off his life saving device with his consent? A. Art. 253 *Article 254 Discharge of Firearms ARTICLE 255 INFANTICIDE Elements 1. A child was killed by the accused; 2. The deceased child was less than 72 hours old.

*Article 259 Abortion Practiced by Dispensing of Abortives

A

Physician

or Midwife and

*Article 260 Responsibility of Participants in A Duel ARTICLE 261 CHALLENGING TO A DUEL

Note: The child is less than 3 days of age

Acts punished 1. Challenging another to a duel; 2. Inciting another to give or accept a challenge to a duel; 3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel.

ARTICLE 256 INTENTIONAL ABORTION

Note: Pari delicto not applicable

Acts punished 1. Using any violence upon the person of the pregnant woman;

ARTICLE 262 MUTILATION

2.

Acting, but without using violence, without the consent of the woman. (By administering drugs or beverages upon such pregnant woman without her consent.)

3.

Acting (by administering drugs or beverages), with the consent of the pregnant woman.

Elements 1. There is a pregnant woman;

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Acts punished 1. Intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction; Elements a. There be a castration, that is, mutilation of organs necessary for generation, such as the penis or ovarium; b. The mutilation is caused purposely and deliberately, that is, to deprive the offended party of some essential organ for reproduction

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3.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo 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.

Mutilation - is the lopping or clipping off of some part of the body. Q. Is esterectomy performed by doctors considered mutilation? A. No. because there is no lopping off. There is removal and there is consent. *Article 263 Serious Physical Injuries *Article 264 Administering Injurious Substances or Beverages ARTICLE 265 LESS SERIOUS PHYSICAL INJURIES Matters to be noted in this crime 1. 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; 2. The physical injuries must not be those described in the preceding articles. Qualified as to penalty 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 – 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. *Article 266 Slight Physical Injuries and Maltreatment ARTICLE 266 – A RAPE, WHEN AND HOW COMMITTED Elements under paragraph 1 1. Offender is a man; 2. Offender had carnal knowledge of a woman; 3. Such act is accomplished under any of the following circumstances: a. By using force or intimidation; b. When the woman is deprived of reason or otherwise unconscious; c. By means of fraudulent machination or grave abuse of authority; or d. When the woman is under 12 years of age or demented. Elements under paragraph 2 1. Offender commits an act of sexual assault;

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2.

3.

The act of sexual assault is committed by any of the following means: a. By inserting his penis into another person's mouth or anal orifice; or b. By inserting any instrument or object into the genital or anal orifice of another person; The act of sexual assault is accomplished under any of the following circumstances: a. By using force or intimidation; or b. When the woman is deprived of reason or otherwise unconscious; or c. By means of fraudulent machination or grave abuse of authority; or d. When the woman is under 12 years of age or demented.

Kinds of Rape: 1. Ordinary Rape – sexual intercourse 2. Object Rape - Sexual Assault as a form of rape 1. Ordinary Rape Even a prostitute may be a victim of ordinary rape as long as the sexual intercourse was with force or intimidation When the woman is deprived of reason or otherwise unconscious Example – when the offended party is given drugs When the woman is under 12 years of age or demented  This is also known as statutory rape  Irrespective of whether or not the child consented 2. Object Rape  Irrespective of either sex  Insertion of a part of human body is considered rape (before R.A. 8353 it is not rape) Notes:   

No more frustrated rape. Only consummated and attempted rape. Consummated – slightest penetration Attempted – with intent to rape or with intent to have carnal knowledge

Rape vs. Acts of Lasciviousness Between Rape and Acts of Lasciviousness the difference lies in the intent of the perpetrator deducible from his external acts. When the touching of the vagina by the offender’s penis is coupled with the intent to penetrate, attempted rape is committed, otherwise it is acts of lasciviousness. (People vs. Collado, 2001) ARTICLE 266 – B PENALTIES Qualified Rape – Circumstances (Memorize) Rape is qualified by the presence of the following circumstances: 1. With the use of a deadly weapon or by 2 or more persons; 2. The victim becomes insane on the occasion or by reason of the rape; 3. The rape is attempted and a homicide is committed by reason or on the occasion of;

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2.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

Note: The penalty is still reclusion perpetua with the advent of R.A. 9346. The crime however remains heinous. ARTICLE 266 – C EFFECT OF PARDON 1. The subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or the penalty imposed; 2. In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or penalty: Provided that the crime shall not be extinguished or the penalty shall not be abated if the penalty is void ab initio. Notes: Marriage between the offender and the offended party – will only favor the principal  Subsequent forgiveness of the wife – note that the wife was raped. It should be legal marriage. ARTICLE 266 – D PRESUMPTIONS Any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or when the offended party is so situated as to render him/her incapable of giving valid consent, may be accepted as evidence in the prosecution of the acts punished under Art. 266-A.

Any degree of resistance or any form Example Basta sabihin nyang ―Huwag wag!‖… Kahit hindi sya binugbog, basta may resistance. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY Crimes against liberty 1. Kidnapping and serious illegal detention (Art. 267); 2. Slight illegal detention (Art. 268); 3. Unlawful arrest (Art. 269); 4. Kidnapping and failure to return a minor (Art. 270); 5. Inducing a minor to abandon his home (Art. 271); 6. Slavery (Art. 272); 7. Exploitation of child labor (Art. 273); 8. Services rendered under compulsion in payment of debts (Art. 274). Crimes against security 1. Abandonment of persons in danger and abandonment of one's own victim (Art. 275); 2. Abandoning a minor (Art. 276); 3. Abandonment of minor by person entrusted with his custody; indifference of parents (Art. 277); 4. Exploitation of minors (Art. 278); 5. Trespass to dwelling (Art. 280); 6. Other forms of trespass (Art. 281); 7. Grave threats (Art. 282); 8. Light threats (Art. 283); 9. Other light threats (Art. 285); 10. Grave coercions (Art. 286); 11. Light coercions (Art. 287); 12. Other similar coercions (Art. 288); 13. Formation, maintenance and prohibition of combination of capital or labor through violence or threats (Art. 289); 14. Discovering secrets through seizure of correspondence (Art. 290); 15. Revealing secrets with abuse of office (Art. 291); 16. Revealing of industrial secrets (Art. 292). ARTICLE 267 KIDNAPPING AND SERIOUS ILLEGAL DETENTION Elements 1. Offender is a private individual; 2. He kidnaps or detains another, or in any other manner deprives the latter of his liberty; 3. The act of detention or kidnapping must be illegal; 4. In the commission of the offense, any of the following 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. Art. 267 vs. Art. 270 Art. 267 – any kidnapping of a minor (offender – any private individual. Art. 270 – any person who being entrusted with the custody of a minor person

Note:

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Or when any of the 10 qualifying circumstances attended the rape: (1) 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 (2) Where the victim was under the custody of the police or military authorities, or other law enforcement agency; (3) 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; (4) 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; (5) Where the victim is a child under 7 yrs of age; (6) 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; (7) 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; (8) Where the victim has suffered permanent physical mutilation; (9) Where the pregnancy of the offended party is known to the rapist at the time of the rape; or (10) Where the rapist is aware of the victim’s mental disability, emotional disturbance or physical handicap.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo Notes: Ransom – any consideration given for the release of a person.

*Article 274 Services Rendered under Compulsion in Payment of Debt

Q, If there is a demand for ransom but the ransom demanded has not been given or paid. Is it kidnapping for ransom? A. Yes. The mere demand for ransom constitutes kidnapping for ransom.

*Article 275 Abandonment of Persons in Danger and Abandonment of One’s Own Victim

Last paragraph – special complex crime of kidnapping with murder or with rape as the case may be. Example When the rape victim died – special complex crime *Article 268 Slight Illegal Detention ARTICLE 269 UNLAWFUL ARREST Elements 1. Offender arrests or detains another person; 2. The purpose of the offender is to deliver him to the proper authorities; 3. The arrest or detention is not authorized by law or there is no reasonable ground therefore. Note:  The purpose is to deliver the offended party to the proper authority; If not, then that is kidnapping. Q. What if he arrested a person without a legal ground and after the arrest he did not deliver him to proper authorities, unlawful arrest? A. No. Illegal detention. *Article 270 Kidnapping and Failure to Return A Minor *Article 271 Inducing A Minor to Abandon His Home *Article 272 Slavery ARTICLE 273 EXPLOITATION OF CHILD LABOR Elements 1. Offender retains a minor in his services; 2. It is against the will of the minor; 3. It is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor. Note: Relate this article to Republic Act No. 7610 (Special Protection of Children against Child Abuse, Exploitation and Discrimination Act)

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*Article 277 Abandonment of Minor by Person Entrusted with His Custody; Indifference of Parents *Article 278 Exploitation of Minors *Article 279 Additional Penalties for other Offenses ARTICLE 280 QUALIFIED TRESPASS TO DWELLING Elements 1. Offender is a private person; 2. He enters the dwelling of another; 3. Such entrance is against the latter’s will. Notes:  The offender is a private person. A private individual enters the dwelling of another  Public officer without a search warrant or with void search warrant enters the dwelling of another - violation of domicile *Article 281 Other forms of trespass ARTICLE 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; 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. Note Even if the threat is so serious for as long as the person making the threat subsequently did not do anything to show that he is not persisting his idea, this will result to light threats only. ARTICLE 283 LIGHT THREATS Elements 1. Offender makes a threat to commit a wrong;

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With deprivation of liberty Example If a person was kidnapped but he is free to roam, there is no illegal detention

*Article 276 Abandoning A Minor

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo The wrong does not constitute a crime; There is a demand for money or that other condition is imposed, even though not unlawful; 4. Offender has attained his purpose or, that he has not attained his purpose Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum *Article 284 Bond for Good Behavior

Formation, Maintenance, and Prohibition of Combination of Capital or Labor through Violence or Threats

*Article 285 Other Light Threats

*Article 292 Revelation of Industrial Secrets

*Article 290 Discovering Secrets through Seizure of Correspondence *Article 291 Revealing Secrets with Abuse of Office

ARTICLE 286 GRAVE COERCIONS Acts punished 1. Preventing another, by means of violence, threats or intimidation, from doing something not prohibited by law; 2. Compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be right or wrong. Elements 1. A person prevented another from doing something not prohibited by law, or that he compelled him to do something against his will; be it right or wrong; 2. The prevention or compulsion be effected by violence, threats or intimidation; and 3. The person that restrained the will and liberty of another had not the authority of law or the right to do so, or in other words, that the restraint shall not be made under authority of law or in the exercise of any lawful right. Coercion – means compulsion or prevention Grave Coercion – at the time (at the very moment) the compulsion is made, there must have been violence, force, intimidation or threat. Violence exerted from the beginning at the time of the compulsion. Note: No violence – unjust vexation only ARTICLE 287 LIGHT COERCIONS Elements 1. Offender must be a creditor; 2. He seizes anything belonging to his debtor: 3. The seizure of the thing be accomplished by means of violence or a display of material force producing intimidation; 4. The purpose of the offender is to apply the same to the payment of the debt. Note: Par. 2 – the exertion of violence or intimidation or force was after the compulsion or prevention

CRIMES AGAINST PROPERTY 1. Robbery with violence against or intimidation of persons (Art. 294); 2. Attempted and frustrated robbery committed under certain circumstances (Art. 297); 3. Execution of deeds by means of violence or intimidation (Art. 298); 4. Robbery in an inhabited house or public building or edifice devoted to worship (Art. 299); 5. Robbery in an inhabited place or in a private building (Art. 302); 6. Possession of picklocks or similar tools (Art. 304); 7. Brigandage (Art. 306); 8. Aiding and abetting a band of brigands (Art. 307); 9. Theft (Art. 308); 10. Qualified theft (Art. 310); 11. Theft of the property of the National Library and National Museum (Art. 311); 12. Occupation of real property or usurpation of real rights in property (Art. 312); 13. Altering boundaries or landmarks (Art. 313); 14. Fraudulent insolvency (Art. 314); 15. Swindling (Art. 315); 16. Other forms of swindling (Art. 316); 17. Swindling a minor (Art. 317); 18. Other deceits (Art. 318); 19. Removal, sale or pledge of mortgaged property (Art. 319); 20. Destructive arson (Art. 320); 21. Other forms of arson (Art. 321); 22. Arson of property of small value (Art. 323); 23. Crimes involving destruction (Art. 324); 24. Burning one’s own property as means to commit arson (Art. 325); 25. Setting fire to property exclusively owned by the offender (Art. 326); 26. Malicious mischief (Art. 327); 27. Special case of malicious mischief (Art. 328); 28. Damage and obstruction to means of communication (Art. 330); 29. Destroying or damaging statues, public monuments or paintings (Art. 331). *Article 293 Who Are Guilty of Robbery

*Article 288 Other Similar Coercions

ARTICLE 294 ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

*Article 289

Acts punished

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2. 3.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

2. When the robbery is accompanied by rape or intentional mutilation or arson; 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 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 the use of any such member or incapacity for the work in which the injured person is theretofore habitually engaged is inflicted; 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; 6. When in the course of its execution, the offender 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; 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.

punished by the maximum periods of the proper penalties prescribed in Article 294. Notes:  All must be armed  Last paragraph – “as principal” - because of conspiracy ARTICLE 296 DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS THEREOF Requisites for liability for the acts of the other members of the band 1. He was a member of the band; 2. He was present at the commission of a robbery by that band; 3. The other members of the band committed an assault; 4. He did not attempt to prevent the assault. Band - when at least four armed malefactors take part in the commission of a robbery. 2nd Par – any member of a band who is present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same. *Article 297 Attempted and frustrated robbery committed under certain circumstances

Notes:  Similarity of robbery and theft – there is taking of personal property with intent to gain and no consent from the victim  Difference – in robbery, the taking is with the attendance of force upon things or violence against the person  Special complex crime  It is still a crime against property even if with homicide, rape or SPI – the original plan is to rob and in the course of or by reason of robbery (in the occasion of) somebody is killed or raped or wounded, otherwise, liable only for the resulted crime, even if death supervened by accident  If there is a conspiracy to rob and one is left as look out – still included to the special complex crime for as long as the look-out did not prevent it but if it was prevented  only robbery

ARTICLE 298 EXECUTION OF DEEDS BY INTIMIDATION

ARTICLE 295 ROBBERY WITH PHYSICAL INJURIES COMMITTED IN AN UNINHABITED PLACE AND BY A BAND

ARTICLE 299 ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP

Robbery with violence against or intimidation of person qualified is qualified if it is 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 passengers’ compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances; or 5. On a street, road, highway or alley, and the intimidation is made with the use of firearms, the offender shall be

Elements under subdivision (a) 1. Offender entered an inhabited house, public building 2. The entrance was effected by any of the following means: a. Through an opening not intended for entrance or egress; b. By breaking any wall, roof or floor, or breaking any door or window; c. By using false keys, picklocks or similar tools; or d. By using any fictitious name or pretending the exercise of public authority.

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MEANS OF VIOLENCE OR

Elements 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. Example Blank deed and somebody is forcing you to sign it Note: If not with violence – estafa because of the intent to defraud Art. 298 vs. Estafa Art. 298 – with violence or intimidation Estafa – without violence or intimidation

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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;

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo Once inside the building, offender took personal property belonging to another with intent to gain.

Elements under subdivision (b): 1. Offender is inside a dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it; 2. Offender takes personal property belonging to another, with intent to gain, under any of the following circumstances: a. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle; or b. By taking such furniture or objects away to be broken or forced open outside the place of the robbery. Q. If you break or open the window and you scoop with your hands anything you can get, is that robbery? A. No. The whole body must be inside otherwise, theft. *Article 300 Robbery in an uninhabited place and by a band *Article 301 What is an inhabited house, public building, or building dedicated to religious worship and their dependencies *Article 302 Robbery in An Uninhabited Place or in A Private Building *Article 303 Robbery of cereals, fruits, or firewood in an uninhabited place or private building *Article 304 Possession of Picklock or Similar Tools *Article 305 False keys ARTICLE 306 WHO ARE BRIGANDS Elements of brigandage 1. There are least four armed persons; 2. They formed a band of robbers; 2. The purpose is any of the following: a. To commit robbery in the highway; b. To kidnap persons for the purpose of extortion or to obtain ransom; or c. To attain by means of force and violence any other purpose.

Brigandage under the Revised Penal Code vs, highway robbery/brigandage under Presidential Decree No. 532: Art. 306 P.D. 532 To commit a specific To commit indiscriminately, robbery on the highway your victim is anyone (planned) Formation of a band of Seizure of any person for robbers by more than three ransom, extortion or for any armed persons for the other lawful purposes, or purpose of committing the taking away of the robbery in the highway, property of another by kidnapping for purposes of means of violence against or extortion or ransom, or for intimidation of persons or any other purpose to be force upon things or other attained by force and unlawful means committed violence. by any person on any Mere forming of a band, Philippine highway. (requires at least four armed persons, if for any of the criminal purposes stated in Article 306) gives rise to brigandage Brigandage – highway robbery P.D. No. 532 - refers to the actual commission of the robbery on the highway and can be committed by one person alone *Article 307 Aiding and Abetting A Band of Brigands *Article 308 Who Are Liable for Theft *Article 309 Penalties ARTICLE 310 QUALIFIED THEFT Theft is qualified if 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. Notes Lex Talionis Fraternitas, Fututorum Committed by domestic servant

Inc.

Sodalitas

Ducum

Example Pinakain mo na tapos ninakawan ka pa 1.) Theft of a motor vehicle – qualified theft 2.) Theft of a motor vehicle – Carnapping – no element of transfer of possession from the owner Difference between 1 and 2 Example

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3.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

*Article 311 Theft of the Property of the National Library or National Museum ARTICLE 312 OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY Acts punished 1. Taking possession of any real property belonging to another by means of violence against or intimidation of persons; 2. Usurping any real rights in property belonging to another by means of violence against or intimidation of persons. Elements 1. Offender takes possession of any real property or usurps any real rights in property; 2. The real property or real rights belong to another; 3. Violence against or intimidation of persons is used by the offender in occupying real property or usurping real rights in property; 4. There is intent to gain. Robbery vs. Art. 312 Robbery – personal property Art. 312 – real property Squatting vs. Usurpation S – No intention to own the property U – Offender intends to own the real property *Article 313 Altering Boundaries or Landmarks *ARTICLE 314 FRAUDULENT INSOLVENCY Elements 1. Offender is a debtor, that is, he has obligations due and payable; 2. He absconds with his property; 3. There is prejudice to his creditors. Note Art. 314 – Pretending to be insolvent by simply keeping the property ARTICLE 315 SWINDLING (ESTAFA) Elements in general 1. Accused defrauded another by abuse of confidence or by means of deceit; and This covers the three different ways of committing estafa under Article 315; thus, estafa is committed – a. With unfaithfulness or abuse of confidence; b. By means of false pretenses or fraudulent acts; or c. Through fraudulent means.

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Elements of estafa with unfaithfulness of abuse of confidence under Article 315 (1) Under paragraph (a) 1. Offender has an onerous obligation to something of value; 2. He alters its substance, quantity, or quality; 3. Damage or prejudice is caused to another.

deliver

Under paragraph (b) 1. Money, goods, or other personal property is received by the offender is trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same; 2. There is misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt; 3. Such misappropriation or conversion or denial is to the prejudice of another; and There is a demand made by the offended party to the offender. Under paragraph (c) 1. The paper with the signature of the offended party is in blank; 2. Offended party delivered it to the offender; 3. Above the signature of the offended party, a document is written by the offender without authority to do so; 4. The document so written creates a liability of, or causes damage to, the offended party or any third person. Elements of estafa by means of false pretenses or fraudulent acts under Article 315 (2) Acts punished under paragraph (a) 1. Using fictitious name; 2. Falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions; or 3. By means of other similar deceits. Under paragraph (b) Altering the quality, fineness, or weight of anything pertaining to his art or business. Under paragraph (c) Pretending to have bribed any government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. Under paragraph (d) 1. Offender postdated a check, or issued a check in payment of an obligation; 2. Such postdating or issuing a check was done when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. Note that this only applies if – (1) The obligation is not pre-existing; (2) The check is drawn to enter into an obligation; (Remember that it is the check that is supposed to be the sole consideration for the other party to have entered into the obligation. For example, Rose wants to purchase a bracelet and draws a check without insufficient funds. The

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Inutusan mo yung driver mo magpa-gas tapos hindi na nya binalik – theft (there should be temporary possession) Pagnaka-park lang at ninakaw - carnapping

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

Examples You bought a ring for P25,000 but the ring is only worth P18,000 – abuse of confidence In entrusting (not ownership) your property, the very same shall be returned to you. If he did not give it back or cannot explain why he cannot give it back – abuse of trust If you transfer the ownership ―I give it to you‖ – this is not estafa. But there may be civil obligation ―A‖ sold pieces of jewelry to ―B‖ on installment but the latter did not pay. A asked B to return it – as long as there is transfer of ownership even if it is not paid it is not estafa. Estafa by means of deceit - fraudulent manifestation. Example You were able to get money because of false pretense. In illegal recruitment the offender, by virtue of false pretenses was able to obtain money. Art. 315 (2) (d) by post dating a check or issuing a check in payment of an obligation xxx vs. B.P. 22 -issuance of a check with a representation that it is funded Art. 315 (2) (d) B.P. 22 Check was issued at the Mere fact of issuance of a time the obligation was check which is not fully contracted. funded. There is a Note: If the check was presumption that the issued after or ahead of offender had knowledge when the obligation was that his check had no funds contracted or payment of a – if the check bounced pre-existing obligation – not within a period of 90 days estafa but there is civil obligation Crime against property Crime against public interest The gravamen of the The gravamen of the offense is the deceit offense is the issuance of employed the check Deceit and damage are Deceit and damage are material immaterial Knowledge by the drawer of Knowledge by the drawer of insufficient funds is not insufficient funds is required required There is criminal liability if the check is drawn for non-preexisting obligation Q. If the check bounced after 90 days, is there BP 22? A. Yes. 90 days is only a presumption and it does not affect criminal liability. The presumption will not apply if he pays the value of the check or make arrangements with the bank (from the time the drawer receive the notice of dishonor) for

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the payment of the check within 5 banking days (Hence, not liable for BP 22) Notes:  If after 30 days not yet paid – BP 22  In BP 22, there must be proof that the drawer received the notice of dishonor. If the addressee refused to accept, the sender should execute an affidavit that the addressee refused to accept the notice.  The same check can be the basis of 2 prosecutions and yet not double jeopardy because estafa is under RPC and BP 22 is a special penal law. *Article 316 Other Forms of Swindling *Article 317 Swindling A Minor ARTICLE 318 OTHER DECEITS Acts punished 1. Defrauding or damaging another by any other deceit not mentioned in the preceding articles; 2. Interpreting dreams, by making forecasts, by telling fortunes, or by taking advantage of the credulity of the public in any other similar manner, for profit or gain. Note:  Any conceivable deceit Example – Madam Auring *Article 319 Removal, Sale or Pledge of Mortgaged Property ARTICLE 320 DESTRUCTIVE ARSON Notes:  Malicious burning of property of other persons Q. If you burn your own property, are you liable for arson? A. It does not follow that you are liable for arson. But if the property is situated in a vast tract of land, it is not arson. But if you burn your property located in a congested area, it is arson because it endangers the lives of others. Q. What if you burn your property and somebody was killed, what was the crime committed? A. Arson only. No complex crime of arson. Homicide is absorbed in the crime of arson. *Article 321 Other Forms of Arson *Article 322 Cases of arson not included in the preceding articles *Article 323 Arson of property of small value *Article 324 Crimes involving destruction

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jeweler sells her the bracelet solely because of the consideration in the check.) (3) It does not cover checks where the purpose of drawing the check is to guarantee a loan as this is not an obligation contemplated in this paragraph Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum 2 Ways 1. Abuse of confidence (trust) 2. By means of deceit

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo *Article 325 Burning one’s own property as means to commit arson

Adultery – complaint of the husband Concubinage – complaint of the wife

*Article 326 Setting fire to property exclusively owned by the offender

ARTICLE 333 WHO ARE GUILTY OF ADULTERY

*Article 326 – A In cases where death resulted as a consequence of arson *Article 326 – B Prima facie evidence of arson

Elements 1. The woman is married; 2. She has sexual intercourse with a man not her husband; 3. As regards the man with whom she has sexual intercourse, he must know her to be married

ARTICLE 327 WHO ARE LIABLE FOR MALICIOUS MISCHIEF

Notes: 

Elements 1. Offender deliberately caused damage to the property of another; 2. Such act does not constitute arson or other crimes involving destruction; 3. The act of damaging another’s property was committed merely for the sake of damaging it; Notes  Malicious mischief – if deliberately caused damage and motivated by hate, revenge or resentment  Malicious – cause damage deliberately  Caused damage but with no intent to damage – criminal negligence Art. 365  Causes damage under circumstances of accident and performed with diligence (required) – Art. 12 par. 4

   

Even if the marriage be subsequently declared void – presumed valid marriage As long as at the time the sexual intercourse was committed (other than his husband) – she is married “For each sexual intercourse, one count of adultery” – this should be rationalized, it should not be taken literally The married woman and the lover – both guilty The pardon must be extended to both offenders to extinguish criminal liability

ARTICLE 334 CONCUBINAGE Acts punished 1. Keeping a mistress in the conjugal dwelling; 2. Having sexual intercourse, under circumstances; 3. Cohabiting with her in any other place.

scandalous

Article 328. Special Case of Malicious Mischief

*Article 330 Damage and Obstruction to Means of Communication *Article 331 Destroying or Damaging Statues, Public Monuments, or Paintings *Article 332 Persons Exempt from Criminal Liability CRIMES AGAINST CHASTITY 1. 2. 3. 4. 5. 6.

Adultery (Art. 333); Concubinage (Art. 334); Acts of lasciviousness (Art. 336); Qualified seduction (Art. 337); Simple seduction (Art. 338); Acts of lasciviousness with the consent of the offended party (Art. 339); 7. Corruption of minors (Art. 340); 8. White slave trade (Art. 34); 9. Forcible abduction (Art. 342); 10. Consented abduction (Art. 343). Crimes against chastity – the crime cannot be prosecuted de officio. The offender cannot be prosecuted except upon complaint of the offended party. Example

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Elements 1. The man is married; 2. He is either – a. Keeping a mistress in the conjugal dwelling; b. Having sexual intercourse under scandalous circumstances with a woman who is not his wife; or c. Cohabiting with a woman who is not his wife in any other place; 3. As regards the woman, she knows that the man is married. 3 Ways of committing concubinage (either of the following circumstances) 1. Keeping a mistress in the conjugal dwelling 2. Having sexual intercourse under scandalous circumstances with a woman not his wife 3. Cohabiting with her in any other place Conjugal dwelling – is meant the house of the husband and wife even if wife happens to be temporarily absent on any account. -house constructed from the proceeds of the sale of conjugal property of the spouses especially where they had intended it to be so is a conjugal dwelling and the fact that the wife never had a chance to reside therein and that the husband used it with his mistress instead, does not detract from its nature. Cohabit – married man is living with the woman under the same roof and they are living together as husband and wife. Scandalous – how it is perceived by the people

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*Article 329 Other Mischiefs

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo a.

*Article 335 Rape Repealed by Republic Act No. 8353 or the Anti-Rape Law of 1997. ARTICLE 336 ACTS OF LASCIVIOUSNESS Elements 1. Offender commits any act of lasciviousness or lewdness; 2. It is done under any of the following circumstances: a. By using force or intimidation; b. When the offended party is deprived or reason of otherwise unconscious; or c. When the offended party is another person of either sex. Two kinds of acts of lasciviousness under the Revised Penal Code: (1) Article 336 (2) Article 339. Article 336. Acts of Lasciviousness - The offended party may be a man or a woman. When the act performed with lewd design was perpetrated under circumstances which would have brought about the crime of rape if sexual intercourse was effected, is acts of lasciviousness under this article. The offended party is either – 1. Under 12 years of age; or 2. Being over 12 years of age, the lascivious acts were committed on him or her through violence or intimidation, or while the offender party was deprived of reason, or otherwise unconscious. Article 339. Acts of Lasciviousness with the Consent of the Offended Party -The victim is limited only to a woman. The circumstances under which the lascivious acts were committed must be that of qualified seduction or simple seduction, that is, the offender took advantage of his position of ascendancy over the offender woman either because he is a person in authority, a domestic, a househelp, a priest, a teacher or a guardian, or there was a deceitful promise of marriage which never would really be fulfilled. Rape vs. Acts of Lasciviousness (both with force) R – may be committed with sexual intercourse AL – without sexual intercourse ARTICLE 337 QUALIFIED SEDUCTION Acts punished 1. Seduction of a virgin over 12 years and under 18 years of age by certain persons, such as a person in authority, priest, teacher; and Elements

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Offended party is a virgin, which is presumed if she is unmarried and of good reputation; b. She is over 12 and under 18 years of age; c. Offender has sexual intercourse with her; d. There is abuse of authority, confidence or relationship on the part of the offender. 2. Seduction of a sister by her brother, or descendant by her ascendant, regardless of her age or reputation. Persons liable 1. Those who abused their authority a. Person in public authority; b. Guardian; c. Teacher; d. Person who, in any capacity, is entrusted with the education or custody of the woman seduced; 2. Those who abused confidence reposed in them a. Priest; b. House servant; c. Domestic; 3. Those who abused their relationship a. Brother who seduced his sister; b. Ascendant who seduced his descendant ARTICLE 338 SIMPLE SEDUCTION Elements 1. Offender party is over 12 and under 18 years of age; 2. She is of good reputation, single or widow; 3. Offender has sexual intercourse with her; 4. It is committed by means of deceit. Art. 337 vs. Art. 338 vs. Art. 339 Art. 337 Art. 338 Qualified Simple Seduction Seduction With sexual With sexual intercourse intercourse

Art. 339 Consented Acts of Lasciviousness No sexual intercourse but only lascivious acts. Abuse of Through deceit With consent of authority, in the form of the offended relationship or promise of party. With abuse moral marriage of authority, ascendancy relationship or moral ascendancy. Through deceit. Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum Notes:  If married man makes a promise of marriage and the minor knows he is married – that is not deceit  In rape and seduction – the offspring is entitled to support *Article 340 Corruption of Minors Relate to R.A. 7610 *Article 341 White Slave Trade ARTICLE 342 FORCIBLE ABDUCTION

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Notes:  This does not mean that they do it in public  Pardon for adultery after the act – to extinguish criminal liability it must be extended to both offenders  If there is a prior agreement to separate such agreement is null and void but it can be used as a defense but cannot be used as an enforceable agreement.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo

Notes:  Whether forcible or consented – no sexual intercourse  Consented – Art. 343 – under 18 years old  It is a crime against chastity because the taking away is with lewd design. If no lewd design – kidnapping Example – Maggie dela Riva case – forcible abduction with rape  If woman was taken with lewd design and was raped – forcible abduction with rape. Subsequent rapes are considered as separate kinds of rape (People vs. Bulaong, 1972) By virtue of R.A. 8353 The following crimes cannot be prosecuted de officio (CASADA) 2. Adultery 3. Seduction 4. Abduction 5. Defamation / Slander 6. Acts of Lasciviousness *Article 343 Consented Abduction *Article 344 Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape, and acts of lasciviousness ARTICLE 345 CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES AGAINST CHASTITY Persons guilty of rape, seduction or abduction, shall also be sentenced: 1. To indemnify the offended woman 2. To acknowledge the offspring unless the law should prevent him from doing so 3. In every case to support the offspring Notes:  To acknowledge in case of multiple rape - there is no obligation to acknowledge  Indemnify the offended woman Example Rape of the first form – P50K + P50K moral damages *Article 346 Liability of ascendants, guardians, teachers, or other persons entrusted with the custody of the offended party CRIMES AGAINST THE CIVIL STATUS OF PERSONS 1. Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child (art. 347); 2. Usurpation of civil status (Art. 348); 3. Bigamy (Art. 349); 4. Marriage contracted against provisions of law (Art. 350); 5. Premature marriages (Art. 351); 6. Performance of illegal marriage ceremony (Art. 352).

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ARTICLE 347 SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER AND CONCEALMENT OF ABANDONMENT OF A LEGITIMATE CHILD 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. Simulation – the woman pretends to be pregnant Example X pretends to be pregnant and registered as if it is her child Abandonment of child – committed by the father or the mother to lose the civil status Art. 347 vs. Child Trafficking under R.A. 7610 Art. 347 – leave the child somewhere (in a public place) R.A. 7610 – selling a child by the father or barter of a child Q. What if the baby is in the tummy of the mother and the mother intends to sell it? A. Attempted Child trafficking *Article 348 Usurpation of Civil Status ARTICLE 349 BIGAMY Elements 1. Offender has been legally married; 2. The marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code; 3. He contracts a second or subsequent marriage; 4. The second or subsequent marriage has all the essential requisites for validity. Bigamy – 2 marriages. The second marriage was contracted while the first marriage is subsisting. The 2 marriages must be valid – complete with formal and essential requisites. Notes:  If no judicial declaration of presumptive death or no judicial declaration of nullity or annulment – bigamy  The second marriage for purposes of bigamy must be valid  Prejudicial Question – study notes in civil review 1  *Article 350 Illegal Marriage *Article 351 Premature Marriage *Article 353 Performance of Illegal Marriage Ceremony CRIMES AGAINST HONOR 1. Libel by means of writings or similar means (Art. 355);

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Elements 1. The person abducted is any woman, regardless or her age, civil status, or reputation; 2. The abduction is against her will; 3. The abduction is with lewd designs.

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo 3. 2. Threatening to publish and offer to prevent such publication for compensation (Art. 356); 3. Prohibited publication of acts referred to in the course of official proceedings (Art. 357); 4. Slander (Art. 358); 5. Slander by deed (Art. 359); 6. Incriminating innocent person (Art. 363); 7. Intriguing against honor (Art. 364) ARTICLE 353 DEFINITION OF LIBEL Libel - public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstances tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. Elements 1. There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance; 2. The imputation must be made publicly; 3. It must be malicious; 4. The imputation must be directed at a natural or juridical person, or one who is dead; 5. The imputation must tend to cause the dishonor, discredit or contempt of the person defamed. Notes  Libel – written defamation  Slander – oral defamation  Publicity – as long as the defamation has come to the attention of 3rd persons  If nobody heard it – no publicity  Malicious imputation of a crime – every defamatory imputation is presumed to have done with malice (presumption in law) except privileged communication *Article 354 Requirement for Publicity *Article 355 Libel by Means of Writings or Similar Means

Such act casts dishonor, discredit or contempt upon the offended party.

Slander by deed - to performance of an act, not use of words. Oral defamation. Kinds of slander by deed 1. Simple slander by deed; and 2. Grave slander by deed, that is, which is of a serious nature. Notes  R.A. 7691 (1994) – despite 7691, libel is still within the jurisdiction of the MTC because RPC is a substantive law  BP 129 (1980) – MTC – offenses where the imposable penalty is up to 6 years *Article 360 Persons Responsible ARTICLE 361 PROOF OF THE TRUTH  Proof of the truth is not admissible except Art. 361 if it appears that the matter charged as libelous is true and published with good motives and for justifiable ends. The defendant shall be acquitted. *Article 362 Libelous Remarks ARTICLE 363 INCRIMINATING INNOCENT PERSONS Performs an act and plant evidence against somebody Elements 1. Offender performs an act; 2. By such an act, he incriminates or imputes to an innocent person the commission of a crime; 3. Such act does not constitute perjury. ARTICLE 364 INTRIGUING AGAINTS HONOR Associated to slander

*Article 357 Prohibited Publication of Acts Referred to in the Course of Official Proceedings

Slander vs. Art. 364 S – with plot or definite source Art. 364 – not identifiable (who will you prosecute? Prosecute everybody) CRIMINAL NEGLIGENCE

*Article 358 Slander

ARTICLE 365 IMPRUDENCE AND NEGLIGENCE

ARTICLE 359 SLANDER BY DEED

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; 2. Committing through simple imprudence or negligence an act which would otherwise constitute a grave or a less serious felony;

Elements 1. Offender performs any act not included in any other crime against honor; 2. Such act is performed in the presence of other person or persons;

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*Article 356 Threatening to Publish and Offer to Prevent Such Publication for A Compensation

NOTES IN CRIMINAL LAW REVIEW (2008) Justice Ma. Cristina Cornejo 3. 4.

Causing damage to the property of another through reckless imprudence or simple imprudence or negligence; Causing through simple imprudence or negligence some wrong which, if done maliciously, would have constituted a light felony.

Reckless imprudence -lack of foresight, care or precaution

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Government officials will be prosecuted if the received proceeds of drugs Request for voluntary rehabilitation will be filed in PDEA

R.A. 8294 ANTI - ILLEGAL POSSESSION OF FIREARMS, AMMUNITION OR EXPLOSIVES LAW Includes actual and constructive possession

Examples Reckless imprudence resulting to homicide Reckless imprudence resulting to damage to property Lex Talionis Fraternitas, Inc. Sodalitas Ducum Fututorum Q. Could there be reckless imprudence resulting in frustrated homicide? A. No. Last Clear Chance – the contributory negligence of the party injured will not defeat the action if it be shown that the accused might, by the exercise of reasonable care and prudence have avoided the consequences of the negligence of the injured party. Contributory Negligence – this defense does not apply in criminal cases through reckless imprudence since one cannot allege the negligence of another to evade the effects of his own negligence. Except: Proximate cause of death is the negligence of the deceased himself and not the negligence of the accused. Emergency Rule / Doctrine – a person who is confronted with a sudden emergency may be left no time for thought, must make speedy decision based largely upon impulse or instinct and cannot be held to the same conduct as one who has had an opportunity to reflect even though it later appears that he made the wrong decision. → The doctrine is applicable only where the situation which arises to confront the actor is sudden and unexpected and is such as to deprive him of all opportunity for deliberation. → This is a defense but what is necessary to be shown is that he must not have been negligent. Notes  If with due care – accident  If intentional – malicious mischief SPECIAL PENAL LAWS R.A. 9165 THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

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Notes  covers actual and constructive possession of drugs.  By-bust operation or entrapment – no exchange of money and drugs – it is consensual contract – can be prosecuted  Sale – consensual contract – possession is included in sale but if after the “kapkapan” saw another drug – separate crime - possession  No plea bargaining in drugs cases  No probation in drugs cases  If drugs are confiscated for another individual, the court should conduct ocular inspection then immediately the drugs will be burned and retain some of it for evidence  Assets will be confiscated – like motor vehicles – within 5 days

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