Preweek Crim

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Art 210 direct bribery

Three ways of committing direct bribery
- offender is a public officer within the scope of art. 203?
- can only be committed by a public officer although private persons acting in conspiracy
with that public officer shall incur criminal liability as well
Indirect bribery
- in direct bribery there is an agreement between the public officer and the giver of the
gift while in indirect bribery usually no such agreement exists
- it is qualified bribery if the public officer refrains from arresting or prosecuting an
offender who has committed a crime punishable by reclusion perpetua to death > suffer
penalty for offense which was not prosecuted
- if public officer refuses to be bribed, the offeror alone is liable for attempted corruption
of public official punished under art. 212
- bribery cannot be complexed with, or absorbed by other crimes as the penalty for
bribery is in addition to the penalties for those crimes
RA 3019
Public officials - includes elective and appointive officials, and employees whether
permanent or temporary____________
- the term public officers embraces every public servant from the highest to the lowest
and for purposes of the rpc the distinction between an officer and an employee has be
obliterated
- the private individual hired on a contractual basis and for a particular project and
specified period would fall under the non career service of contractual personnel in the
government
- a laborer or an emergency helper temporarily entrusted with a public function is a
public officer
- people holding honorary office are considered public officers > delegation of sovereign
function is the ____ of public office > compensation not necessary
- pursuant to RA 7975, presidents, directors, trustees of all gocc's are subject to the
jurisdiction of the sandiganbayan when they are involved in graft and corruption
- is a student regent in a state university a public officer within the ambit of RA 3019 >
yes
- purpose of 3019 is to repress acts of public officers and private persons constituting
graft and corruption or which may lead thereto > applies to both public officers and
private persons in conspiracy with the public official
- sec 4(b) punishes any private individual who knowingly induces a public officer to
commit any offense in the punishable acts of sec 3
- crimes committed by public officers and employees in relation to their office do not
exclude prosecution for felonies defined and penalized under the rpc, and vice versa
- sec 3 > corrupt practices of public officers, in addition to....
- one may be charged with violation of 3019 in addition to a felony under the rpc for the
same delictual act either concurrently of subsequent _______
- 3019 > violation of sec 3(e) > take note. Focus on this > elements > public officer

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discharging administrative, judicial or official functions > acted with manifest partiality,
bad faith, gross inexcusable negligence > action caused undue injury to any party,
including the government, or gave any party any unwarranted benefits ________in the
discharge of his functions
- private individuals who participated wth the public officer may also be held liable
- private individual cannot be held liable if public officer acquitted
- the prosecution for violation of sec 3(e) will lie regardless of whether or not the
accused public official is charged with the grant of licenses, permits, or other
concessions
- the use of the three phrases "manifest partiality, evident bad faith, gross inexcusable
negligence" in the same information does not mean the charge of three distinct offenses
but merely implies the possible mode of commission of the offense
- attempted or frustrated stages of sec 3(e) is not punishable
- requisites of sec 3(e) causing under injury mean actual injury or damage which must
be established by evidence > proof of actual injury or damage is required
- good faith and regularity in the performance of official duties by public officers is
always presumed > thus in order that one may be held liable the act of the offender
which caused undue injury must have been done with manifest partiality, evident bad
faith, or gross inexcusable negligence > must be alleged with particularity in the
information to inform the accused of the charge against him and to enable the court to
properly render a decision

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Plunder RA 7080

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Gravamen > amassing, accumulating, or acquiring I'll gotten wealth by ______ > malum
in se > intention is a necessary element?

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Elements > offender is a public officer (any and all public officials In the government >
includes gocc's and their subsidiaries) who acts by himself (can be committed by a
public officer alone) or in connivance with members of his family, relatives either by
affinity or consanguinity, including business associates, subordinates, or other persons
(encompassing > may include anyone not necessarily defined or described in the law)

28:06

If there are several accused and multiple conspiracies the different criminal acts should
have a commonality to amass, accumulate, or acquire I'll gotten wealth > known as the
will or circle conspiracy in which there is a single person or group referred to as the ab?
Dealing individually with two or more other persons known as the spokes and there
should be a mode of distribution of Ill gotten wealth or proceeds known as the chain
conspiracy

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Jingoy case > wheel conspiracy > hub is pres Estrada > spokes other accused > ring
that closes the spokes is the common goal to amass, accumulate, or acquire Ill gotten
wealth > read Estrada vs sandiganbayan!

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Amassed or acquired I'll gotten wealth through a combination or series of overt or

criminal acts such as misappropriation ________ or taking advantage of official position

and connection the purpose of which is to unjustly enrich himself at the expense or
prejudice of the Filipino people
32:33

Combination and series of acts in relation to plunder law > the term combination refers
to at least two acts falling under different categories of the enumeration provided in sec
1(d) > series refers to two or more overt criminal acts falling under the same category of
the enumeration > thus to be held liable, Ill gotten wealth must be _____ through a
series or combination of the overt criminal acts

34:11

Does the information then charge more than one offense? No. The acts alleged in the
information are not charged as separate offenses but as predicate acts of the crime of
plunder

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Would the bank accounts of the accused in a plunder charge be covered by the bank
secrecy deposit law? No. The overt or criminal acts described in the plunder law would
make the similarity between plunder and bribery even more pronounced > it is then
applicable in cases of plunder???

37:36

Total value of ill gotten wealth is at lest 50 mil pesos

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The term pattern consists of at least a combination or series of overt acts or criminal
acts devoted towards a common purpose or goal which is to amass, accumulate or
acquire ill gotten wealth but is merely a byproduct of the predicate act, it is not an
element

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Period of prescription is 20 years > computation shall commence to run on the day the
crime was committed and if not known from the discovery thereof

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Robbery with homicide

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Homicide produced on occasion of the robbery > it is sufficient that homicide resulted by
reason of the robbery inasmuch as it is only the result without reference or distinction as
to the -------- of persons intervening in the commission of the crime > to be robbery with
homicide the offender must have the intention to take property of another with intent to
gain when _______

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Robbery already consummated > homicide committed after > if the killing of a person
took place after commission of the robbery the intention of the offender must be either to
prevent the possession of the stolen property or to do away with a witness or to make
good his escape and will result to robbery with homicide

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The person killed on occasion or by reason of the robbery can be any persons

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robbery with rape

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Rape must be consummated for this special complex crime to apply

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Robbery with attempted rape does not fall under either art 48 or under art 294 as they
are distinct crimes

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Multiple homicides and or multiple rapes cannot increase the penalty nor be prosecuted
separately > they are to be disregarded as if never committed and their victims never
existed???

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Theft vs estafa

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In estafa with abuse of confidence juridical possession of the object is transferred to the
accused who thereafter converts the same to his own use ____ while in theft only
physical possession is transferred

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Estafa through bouncing checks under art 315 2d from bp 22

47:00

Presence or absence of deceit > the element of deceit and damage in estafa are not
require in bp 22

47:49

What would be the rules in arson where death occurs

48:22

Main objective is the burning of the building but death results > arson, homicide is
absorbed
Main objective is to kill a particular person and fire is resorted to as the means to
accomplish such goal > murder only.
Main objective is to kill a particular person and in fact the offender had killed the victim
but fire is resorted to as a means to cover up the killing > 2 separate and distinct crimes
> homicide or murder and arson
If arson is resorted to, even if death occurs, but the objective or purpose is to create fear
and panic among the populace the force the government to give in to an unlawful
demand > terrorism under human security act

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Illegal marriages

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Bigamy
Contracting a second marriage or subsequent marriage before ther former marriage has
been legally dissolved or before the absent spouse has been declared presumptively
dead
Three kinds
- bigamy
- marriage contrary to marriage laws
- premature marriage under 351 (will be repealed soon)

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There is need of a judicial declaration of the fact that the marriage of a person is void
before that person can marry again, otherwise the second marriage will be void

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Art 365 criminal negligence (culpa)

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Violation of art 217, malversation through negligence, do not apply 365 because it is a
special complex crime already provided with its own penalty

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Evasion through negligence

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Failure to render accounts under art 218

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Where several crimes result from criminal negligence and they are grave or less grave,
art 48 complex crimes may apply

55:29

Contributory negligence is not applicable under 365 on its criminal aspect > it is only
mitigating for the civil aspect of the offender