Criminal Law

All felonies in RPC are public wrongs, as distinguished from

private wrongs, the latter of which is just a breach of duty or

Bar 2011 Notes

Roland Glenn T. Tuazon

Ateneo de Manila University

contract of two private parties.

Although the State has power to prosecute persons for private
crimes, the law gives the victim the privilege of not instituting
actions for private crimes: adultery, seduction, abduction, etc.
There must be a complaint initiated by the offended party.

Ratio: to protect the latter from shame and humiliation.

Rape is no longer a private crime. (Art. 344 of RPC)

TABLE OF CONTENTS:

1. FUNDAMENTAL PRINCIPLES AND FELONIES

2. CIRCUMSTANCES AFFECTING LIABILITY
3. PERSONS CRIMINALLY LIABLE
4. PENALTIES
5. MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY
6. AGAINST NATIONAL SECURITY
7. AGAINST FUNDAMENTAL LAWS OF THE STATE
8. AGAINST PUBLIC ORDER
9. AGAINST PUBLIC INTEREST
10. RELATIVE TO OPIUM AND OTHER DRUGS
11. AGAINST PUBLIC MORALS
12. COMMITTED BY PUBLIC OFFICERS
13. AGAINST PERSONS
14. AGAINST PERSONAL LIBERTY AND SECURITY
15. AGAINST PROPERTY
16. AGAINST CHASTITY
17. AGAINST CIVIL STATUS
18. AGAINST HONOR
19. CRIMINAL NEGLIGENCE

offended party will extinguish criminal liability of the

accused.
Can there be common law crimes in the Philippines?
o No. There are no common law crimes in the Philippines.
Nullum crime nulla poena sine lege.
What are the sources of criminal law?
o RPC, SPL, municipal ordinances.
What about administrative regulations?

May these partake of

nature of criminal law?

o YES.
o Requisites:

1) Violation of admin regulation must be made a crime

ANNEX I: CIVIL INDEMNITY RATES

FUNDAMENTAL PRINCIPLES AND FELONIES

by the delegating statute

2) Penalty for violation must be provided by the statute

itself.
Are judicial decisions by the SC penal laws?
o No.
o Article 8 of NCC: judicial decisions interpreting the Constitution
form part of the legal system of the Philippines. But decisions
of the SC interpreting criminal statutes are not penal laws per

Preliminary

it is now a crime against persons.

Under RA 8353, the marriage of the offender and the

se they are merely interpretative.

What is the nature of felonies?

What are examples of laws in Philippine criminal law that follow the

positivist theory?
o 1. ISL

The ISL was approved to uplift and improve human

penal laws.

life. Not focused on the person as a criminal, but the

prosecution for violation for local laws.

But one may be temporarily restrained if he commits
request for recall of the diplomat he will still not be

offender and excessiveness of deprivation of liberty.

2. Habitual delinquency law
The State is concerned not just with protective social order

prosecuted locally.
X is a citizen of Iran, but is also an honorary
consul. He was caught in possession of drugs. Is

against criminal acts, but also redeeming the individual for

he exempt from prosecution?

No. A consul is not exempt from criminal

social ends. Not just retribution, but reformation.

What is the principle of generality?
o Art 14 of the NCC: Penal laws apply to all those who live or

prosecution for violation of the penal laws of

a country where he is assigned to. He is not

sojourn in the Philippines, subject to international law or treaty

o

entitled to any immunity or diplomatic

stipulations.
How does international law become domestic law, under
the 1987 Constitution?

Transformation

requires

that

the

I-law

privileges under the VCDR. The nature of

the job of consuls, vice-consuls, or consuls-

be

transformed into domestic law; ex. local legislation

Incorporation international law is part of the law of

general is commercial in nature.

Exception: when there is an agreement
between the Philippines and the sending
country. But the exemption is not based on

the land.
Immunities from criminal prosecution by certain individuals:
o 1. Covered by the VCDR or exempted by treaties/laws or

the nature of his position.

Except: immunity does not cover suits in personal
and private capacity as an ordinary citizen

Liang: The RP and ADB entered into an

preferential application

Principle is par in parem non habet imperium suing

They are immune from arrest and

acts that threaten public order. The State may simply

law takes into account economic usefulness of

o
o

This principle is inviolable; they are not subject to local

agreement under which officers and staff

them is tantamount to suing the State they represent

Who are the diplomats covered? Classified into four:

A) ambassadors, ambassadors extraordinary

B) ministers and papal internuncios

C) ministers-residents

D) charges-de-affaires

members

enjoy

immunity

from

legal

processes and prosecution, with respect to

acts performed in their official capacity,
except when the bank waives the immunity.
In this case, the ADB officer committed grave
oral defamation, which is ultra vires. He is

not immune. This is not covered by immunity

o

immunity, even if he took part in such crime. Sec 261

because he was not performing his duty.

2. RA 7055 Members of the AFP and officers charged with

service-connected offenses

Who are officers and members of the AFP?

Article 1: members of AFP, those subject to

information re: violation of bribery, indirect bribery,

corruption of public officers
Art. 2: territoriality principle

military law, members of the Citizens Armed

committed by members of the AFP.

EXCEPTION: service-connected offenses
(provided in RA 7055)

Forces Geographical Units (CAFGU)

What is the general rule?

Civilian courts have jurisdiction over crimes

fall under courts-

What is covered by the territory of the Philippines?

o Phil. archipelago, atmosphere, interior waters, maritime zone
UNCLOS
o Territorial sea is up until 12 nautical miles
o Contiguous zone: up until 24 nautical miles

States may exercise control even within this area to

prevent

martial
Civilian court determines before arraignment

whether the crime is service-connected

Is it possible for a service-connected crime to be

Civilian

courts have jurisdiction over them because

of

customs,

territory

Nationality of the ship depends on its registration

2. Forging or counterfeiting Philippine coins or notes or

government securities
3. Introduction into the Philippines of the forged/counterfeited
notes, coins, or government securities

Rationale for #2 and #3: to protect economic security

the PNP is civilian in character.

3. Immunity under law/transactional immunity

Transactional immunity is statutory immunity from

infringement

Philippine ships or airships are part of Philippine

a civilian court as long as it is covered by the

punish

territorial seas
What are the exceptions to the territoriality rule of criminal law?
o 1. Commission of an offense in a Philippine ship or airship

But technically this is not an exception, because

the interest of justice, may refer the crime to

RPC or any other SPL.
What about Members of the PNP?

They are covered by RA 6975.

and

immigration, fiscal, sanitary laws within territory or

tried by civilian courts?

YES. The President, before arraignment, in

of OEC.
P.D. 749 immunity granted to those furnishing

criminal prosecution as granted by law

Omnibus Election Code one who reports to the
COMELEC any incident of vote buying or vote selling,

of the Philippines
4. Public officers and employees who commit an offense in the

exercise of their duties

5. Commission of any of the crimes against national security
and the law of nations

i.e. treason, espionage, provoking or disloyalty during

and he testifies for prosecution: he is entitled to

war, piracy, mutiny

Purpose of penal laws involving national security is to

board the vessel to prosecute individuals, except if measures

protect the domestic order and crimes against

are necessary to suppress illegal traffic of narcotic drugs in a

national and economic security of the Philippines.

The law is designed to protect not only the national

and economic security of the country, and should
reach beyond the boundaries of the Philippines,

territorial sea, but yet, when the vessel enters Phil.

wherever they may be found.

Differentiate the English from the French rule:
o English (territorial) the territorial State has jurisdiction, except
o

when it merely concerns internal management of the vessel.

French (flag) the flag of registration has offense, as long as it

does not disturb the peace.

There was an English vessel in Phil. territory, not in transit.

seas?

Yes, for instance, P.D. 532 Piracy.

Pirates wanted to unload the oil from a vessel.

high seas. Can they be prosecuted here?

Yes, they can be prosecuted for piracy even if the

on Phil. territory (disturbs the peace) so it was not a matter of

crime was committed in Singapore, because the crime

mere internal management of the vessel.

A person in a Philippine ship in Vietnamese waters got drunk and

began in the Philippines. It continued to Singapore.

shot three people. He was not prosecuted in Vietnam. Can the

Art. 3: felonies

Philippines prosecute him?

o Yes, the Philippines may exercise jurisdiction. Although

following the English rule, which we adhere to, it must be

Vietnam that exercises jurisdiction, since Vietnam did not
exercise jurisdiction, there is nothing preventing the Philippines
o

They

Singapore, and unloaded the oil to another vessel in the

he was smoking within Phil. territory. This had pernicious effect

territorial sea, can it be prosecuted?

Yes, if it is a continuing crime.

Can Philippines legislate on crimes applying to the high

boarded the ship within Phil. Waters, which went to

Accused was smoking opium on the ship.

o HELD: Convicted. The SC followed the English rule, because

commercial vessel that passes by the territorial sea.

What is the nature of the high seas?
o Free for all.
o Is it possible that a crime was committed beyond the

from deviating from English rule.

Rule: the territorial State has priority. If it fails to do so, the

Philippines may act under Art. 2.

In the D.D.A., mere attempt to transport marijuana is a crime. Can

Philippine officials board the vessel to prosecute those on board?

o General rule: the ship cannot be boarded. But the UNCLOS
said that the criminal law of a State may not be enforced on

What are the two components of felonies by dolo?

o 1. Act and omission punishable by law (physical act)
o 2. Mens rea (intent)

For felonies by dolo, one is not criminally liable if there

is no criminal intent.
What about culpa?
o Not intent, but negligence, imprudence, lack of foresight, or
lack of skill
May someone be held criminally liable for crimes of omission?
o YES. The following must concur:

1. There is a positive duty provided by law

2. Accused acted voluntarily to not do a positive duty

3. Criminal intent in refusing to do it

Examples: misprision of treason, prevaricacion (Art. 208 of

logically and naturally bring about the actual felony, praeter

RPC), fraud on treasury

What is mistake of fact and its implications?
o Recall: People v. Achong.
o If there is mistake of fact, then there is no criminal intent. One
o
o

intentionem does not apply.

is not culpable for dolo.

The one invoking it must act with good faith.
If he acts with negligence, such as when he is negligent in
ascertaining the true state of facts, he may be liable for felony

by culpa.
o Not a valid defense for felony by culpa or by SPL.
What is abberatio ictus and what are its implications?
o This is mistake in the victim of the blow. There is still criminal

Circumstance

Common or usual implication

Mistake of fact

Not culpable

Abberatio ictus

Complex crime

Error in personae

No change; or maximum period of

the lesser offense

Praeter intentionem

Mitigating

liability, which is generally increased (because it either

becomes a complex crime or two separate crimes against the
o

But if the means used to commit the desired crime would also

What is the rule on specific intent felonies?

o In specific intent felonies, the prosecution must prove beyond
reasonable doubt the specific intent. But sometimes, specific

intended and the real victim).

Can treachery apply to abberatio ictus?

Yes, because if the accused fired at his intended

intent may be presumed.

Ex. intent to kill must be proved. One can presume

this, for instance, from the mere fact that the victim

target but missed, the victims are helpless to defend

died from a deliberate act.

themselves.
What is error in personae and its implications?
o This is mistake in the identity. It may or may not lower criminal

liability depending on the crime committed and if the intended

o

crime is of equal or different gravity.

Ex. X intended to kill Y, but instead killed his father, Z by
mistake.

Instead of homicide, it became parricide.

In this

case, Art. 49 will govern: error in personae becomes mitigating

But for attempted or

frustrated homicide, intent to kill is not presumed and

(apply maximum period of homicide as penalty).

What is praeter intentionem and its implications?
o The accused did not intend to commit so grave a wrong as that

must be proved.
Ex. intent to gain in theft. One is found in possession

of recently stolen property there is a presumption.

Criminal intent can be presumed from the commission of a

delictual act.
Must motive be proved for dolo?
o Not in general. Motive is not an essential element of crime.
But there are instances where motive is a prerequisite to
conviction of accused.

Political crimes If the crime committed, for instance

committed. This is a mitigating circumstance under Art. 13.

murder, is in pursuance of political motive in rebellion

or coup detat, it is absorbed by the crime.

Death by exceptional circumstances killed wife

If the information charges an intentional felony but what is

proved is culpable felony, can the accused be convicted?

Yes, because the greater includes the lesser offense

Can more than one person be liable for killing the same

and paramour who were having sexual intercourse.

Not criminally liable for homicide, if motive is to
avenge dishonor. But if he killed the wife for some
other
o

motive,

and

not

due

to

person, one by dolo and one by culpa?

Yes.

3 people went to carnival. X was mentally challenged.

exceptional

circumstances, then he is criminally liable.

Motive, however, is useful when there is doubt whether the

Y poured gasoline on X. Z lit a match and burned X.

accused committed the crime or as regards the identity of the

HELD: Y who poured gasoline was liable for reckless

accused
When is criminal intent not needed to commit a crime?
o 1. Culpa
o 2. Crimes malum prohibitum
Is reckless imprudence under 365 a felony under Art. 3?
o Yes. It is a quasi-offense.
o Note the difference: Under Art. 3, culpa is mode of committing

imprudence resulting in homicide.

light a match lack of foresight. Z is liable for felony

by dolo deliberate act. (P v. Pugay)

Are crimes punishable by SPLs automatically crimes malum
prohibitum?
o Not all. Some can be malum in se.
o A. Plunder is malum in se, for three reasons:

1. Although defined by SPL, it is malum in se because

a crime, while in Art. 365, culpa itself is the crime punished,

o

thus it is a felony.
Does mistake in the identity of the victim constitute
reckless imprudence?

No. Mistake in identity is not culpa.

Ex. Policemen were trying to arrest an escapee, and

the crimes constitutive of plunder are mala in se.

Under

they saw a man sleeping. They thought the man was

the escapee. HELD: The felony was dolo, not culpa,

o

because the killing was deliberate.

May there be a crime of frustrated homicide through

reckless imprudence?

No. Frustrated homicide requires intent to kill. This is

incompatible
o

with

recklessness,

negligence,

imprudence.
Can there be conspiracy resulting from negligence?

There can be no conspiracy resulting

He should have

anticipated that after pouring gasoline, someone could

the

law,

mitigating

and

extenuating

circumstances are applicable to plunder.

2. The predicate crimes are punishable by RP to

death.

3. Plunder is inherently immoral and wrong.

B. Sec. 27B of the Omnibus election code: a member of the
BEI who tampers with election results.

The crime is malum in se, although the crime is

or

defined by SPL. It is inherently immoral and wrong to

from

negligence, because conspiracy is the product of

deliberate agreement evincing intent.

tamper with election results.

Give examples of SPLs that are malum prohibitum:
o A. Possession of unlicensed firearm.

But mere transient possession in RA 8294 is not a

Art. 4: felonies and impossible crimes

crime: there must be intent to possess, not mere

Par.1 natural and logical consequence of felonies

possession.
Can the use of unlicensed firearm

be an

aggravating circumstance?

Yes. RA 8294 provides that it is an

logical (reasonable connection) consequences of his criminal

aggravating circumstance.
o B. Violation of Trust Receipts law
o C. Anti-fencing Law

No need to prove intent to gain

Can one be liable for both a felony and a SPL for one delict?
o Yes.
o Ex. One issued a check for a transaction which bounced.
o

What is the rule on liability for those who have committed a felony?
o That person is liable for natural (ordinary course of things) and

o
o

sequence, unbroken by any efficient intervening

cause, produces the injury and without which the

Liable for BP 22 AND liable for estafa.

Ex. One pretended to be a licensed recruiter. Liable for both

illegal recruitment and estafa.

Can one be liable for crime defined by SPL, commit another felony

and then become liable for a special complex crime?

o Yes. The anti-carnapping law (RA 6539). If the offender kills
the driver or occupant to take the car, he is guilty of special

complex crime of carnapping with murder.

May a felony by dolo or culpa absorb a crime which is malum
prohibitum?
o No, a felony by dolo or culpa cannot absorb a malum

result would not occurred

And that cause may cause another thing to occur,

which produces the injury

Which circumstances do not affect the existence of
proximate cause?

1. Pre-existing condition of the victim (pathological)

2. Negligence of doctor

3. Refusal to get medical help or delay in getting it

When is something not the proximate cause of the effect?

1. There is an active force that intervened between

prohibitum crime.
Two persons went to the public forest and cut timber, which is a

the felony committed and the death of the victim,

2. The resulting injury or damage is the intentional act

of the victim.
Examples where even if the resulting wrongful act was different from
the offenders intention, he is liable for that resulting act
o Inserted vibrator in anal orifice of victim. It was rusty so the

violation of the Forestry Code. They were convicted, on basis of

conspiracy. The court ruled that they were guilty to conspire to

victim died (Complex crime of sexual assault with homicide

violate the Forestry Code. Is the SC decision correct? Can there

be conspiracy to commit malum prohibitum?
o No. The SC is wrong. Under Art. 8, they must agree to commit
a crime (felony).

act
The act must be the proximate cause of the effect.
What is proximate cause?

The cause, which in its natural and continuous

under RA 8353)
Accused robbed a store and to shut up the woman inside, he
jammed a pan de sal in her mouth. She died by asphyxiation.

Thus, this does not apply to malum

Convicted of robbery with homicide.

prohibitum. (Tigoy v. P)

The kidnap victim died from a heart attack due to fear. The

accused is liable for kidnapping with homicide.

Accused robbed victim of belongings, the victim ran away and

consequences apply to culpable felonies?

o No.
o Par. (1) is specific: it refers only to delitos.
o NOTE: Boado has a different opinion, noting that delitos

jumped in the river. She drowned. Accused is liable since he

o

created a sense of fear in the mind of the victim.

Even if the doctor is negligent, but the accused inflicted mortal

means felony in general, which can include culpable felonies.

wounds on the victim, the negligence of the doctor is NOT an

The classic example she gives is person X jumping off a

active intervening force that exculpates the accused.

But there are times the doctors acts are exculpatory.

Ex. Victim was brought to the hospital, but the doctor

building to commit suicide, but does not die because he lands

on Y, who dies. X is liable for the death of Y even if committing

was so intoxicated, he gave the victim poison instead

of medicine. The doctor was liable.

Is it possible that two persons are liable for the death of the same

Par. 2 impossible crimes

sat on different tables. They saw an annoying person. One

person stabbed him. The other, not knowing that the first one
stabbed him too, stabbed him again.

Both wounds were

mortal.
o Both are liable for homicide.
An accused committed reckless imprudence, and due to this, two
people died.

May reckless imprudence result

Art. 48 talks about felonies as component crimes.

What is the relevant presumption under Rule 131, Sec 5(c) of the
Rules of Evidence?
o A person is

presumed

to

contemplate

the

against persons or property

2. He performed the act with criminal intent
3. Accomplishment of the act is inherently impossible or the

means employed were inadequate or ineffectual

Differentiate factual or physical impossibility from legal
impossibility:
o Factual or physical impossibility

There is intent and

into a complex crime?

o YES, because reckless imprudence is a felony under Art. 3 and

What are the elements of an impossible crime?

o 1. The offender performed an act which would be an offense
o
o

Can he be prosecuted for reckless imprudence

resulting to double homicide?

suicide is not a crime per se.

What will apply to culpable felonies?
o Article 365 of the RPC applies.
o The offender is liable for whatever damage or injury caused by
him.

person even if there is no conspiracy?

o Yes. Two persons went to a bar, did not know each other, and

Does Art. 4, par. 1 regarding liability for natural and logical

performance

but

no

accomplishment due to extraneous circumstances

ordinary

consequences of his acts, and expect those.

But intent is an internal act. How do you determine this?
o Through circumstances of the case.

that makes accomplishment impossible.

The factual condition must be unknown to the
offender.
What if the person knew the factual condition?

There is no crime and there is no impossible

crime.
Examples:

Offender accepted goods which he believed

Under Art. 59 of the RPC, the imposable penalty for impossible

crime is arresto mayor (correctional penalty).

What is the potentially inequitable situation arising from

to have been stolen, but which were not, in

fact stolen
Offender offers a bribe to someone he

believes is a public officer, but is in fact not

Offender believed his gun was loaded,

this penalty?

Supposing I saw a person on a bed, and I punched

him. He sustained slight PI. But he turned out to be

pointed it as his wife, and pulled the trigger.

But it was empty.

Intod v. CA fired guns into empty

menor for slight PI. But for an impossible crime, the

bedroom, because the intended victim was

penalty is arresto mayor. So if that person were alive,

out of town
Jacinto v. P Sales agent, instead of

the penalty would be less than if he were dead!

Art. 5: Duty of courts to report

turning over the check to employer, gave it to

a relative.

The check bounced.

HELD:

petitioner stole the check, there were no

funds in the bank. (Problem with this case:
What about postdated checks? Does not the

decision notwithstanding the report.

Remedy is executive clemency, in case of excessive

check (paper) itself have some value?)

Legal impossibility

There is intent and performance of a crime, but the

consequence could not result into a crime.

Even when completed, it would not amount to a crime.
Ex. Stole a watch that turned out to be his.
Ex. Offender saw a naked woman lying on the beach.
she was dead. Impossible crime, because you cannot

penalties.
The court can simply recommend, but not impose
clemency,

He inserted his penis into his vagina. It turned out

When does the courts duty to report to the President, through the
DOJ, apply?
o 1. Acts which are not punishable by law, but should be
o 2. Clearly excessive punishment
o N.B. in these cases, the court must still render the proper

impossible crime, because at the time the

dead, so it was an impossible crime.

Under Art. 266(3) of the RPC the penalty is arresto

because

its

still

the

Executives

prerogative.
Article 5 does not apply to crimes defined by SPL, because of the use of

the words degree of malice, etc.

This brings to mind B.P. 22, in relation to A.C. 12-2000, as clarified by
A.C. 13-2001:
o S.C. noticed that people are using the courts as collection

rape a dead person.

Is an impossible crime a crime?
o No. But it is still punished because the law intends to punish

criminal inclinations/tendencies.
What is the penalty for impossible crimes?

agencies and are clogging up dockets

So S.C. issued a circular dissuading people from filing B.P. 22,

and for judges to just impose fines

A.O. 08-2008, issued 25 Jan. 2008

o
o

Libel imposable penalty is imprisonment or fine

According to the S.C., preference is fine over imprisonment

Art. 6: Stages of consummation

When is a crime consummated?

o When all the acts necessary for its accomplishment and
o

punishes the conspiracy/proposal per se

2. But offender did not complete all acts of execution to
produce the felony

Still at the subjective phase of the commission of

execution are present.

The accused has reached the objective stage of the offense as

crime still has full control of acts, and has not

he no longer has control of his acts, having performed all that

is necessary to accomplish the purpose.

In general, all the felonies in Book II are consummated crimes.

What is the exception?

o Attempted or frustrated robbery with homicide
Why do we punish attempted stages?
o Attempts are punished because there is just as much need to

completed the needed acts yet

3. Due to cause or accident other than spontaneous desistance

Is he is still in the subjective phase and he desists

from committing the crime, is he liable?

NO. He is not liable.

The reason for desisting need not be legal or

moral. It could be remorse or fear as long

reform a person who has unsuccessfully attempted to commit a

crime
What are the elements of an attempted crime?
o 1. Commenced execution directly, by overt acts

There must be an overt, external act and there is

crime intended to be committed

There is direct connection to crime intended to be

committed must have an immediate and necessary

connection.

Ex. Merely opening a hole in the wall of a

there is no exculpation
But may he be liable for any other felony already

present

So in the same way, the objective stage has been

there is no overt act evincing robbery yet. At

most, its attempted trespass.

It can be the first of a series of acts that would

produce the intended crime, as long as the intended

as he desists voluntarily.
But if he desists during the objective stage,

committed apart from that desisted from?

Yes.
What are the elements of a frustrated crime?
o 1. All the acts of execution needed to produce the felony are

bank is not yet attempted robbery because

Ex. surveillance
Ex. buying poison
Ex. conspiracy and proposal, unless the law

reached
2. But it was not produced by reason of causes independent of

the perpetrators will

When does frustrated homicide/murder exist?
o It is not enough to wound the other person.

The wound

inflicted must be mortal. If it is not mortal, then it is a mere

crime is established or known

Differs from preparatory acts, which are just means or

attempt.

measures necessary to produce the desired end.

10

Even if the accused believed that he inflicted a mortal wound,

but he did not, it is merely attempted, not frustrated.

The

nature of the wound controls, not the belief of the person.

What are crimes where no frustrated stages exist?
o 1. Rape

As long as the penis enters the labia majora, it is

already consummated
It is not the mere entry; the SC said that the entry

must be in relation with the intent to have carnal

cannot perform all the acts necessary to consummate the

o

do not successfully enter the castle. If no intent, just

acts of lasciviousness.)
2. Sexual assault

By analogy
3. Robbery

One is liable for consummated robbery if one takes

however brief it may be.
4. Theft

No more frustrated theft, under same ratio: no need to

have disposed of stolen property

5. Adultery

Essence of the crime is sexual congress: so same

o
o

and gravity of injury

2. Slander

The moment the words are uttered and

heard

by

third

persons,

the

crime

is

consummated.
Is there attempted or frustrated culpa?
o No.
What if what was charged was the frustrated stage and only the
attempted crime was proved. Can an accused be convicted?
o Yes, the frustrated stage necessarily includes the attempted
stage.

Same

with

consummated

crimes

and

attempted/frustrated stages.

principle as in rape applies

6. Felonies by omission

No attempted or frustrated stage

7. Falsification of public document

There is no attempted or frustrated falsification of

Art. 7: light felonies

public document unless the falsification is so

imperfect.
o

offense without consummating it.

Examples of formal crimes?

1. Physical injuries

Since their punishment is based on result

possession of the personal property of the other,

o

only, the offense is consummated

All overt acts prior to burning: attempted stage

9. Corruption of public officials

When the offer is accepted by the public officer, then

the offense is consummated

When the offer is rejected, then it is just an attempt

What are formal crimes?
o Those that are always consummated because the offender

knowledge of the woman

If it is just in the mons pubis just attempted.
(Bombardment of the drawbridge, even if the troops

The moment burning occurs, even for a small portion

8. Arson

11

What are light felonies?

o Those infractions of law where the penalty is arresto menor or
fine not exceeding 200 pesos
When are light felonies punishable?
o Only when they have been consummated
o Except those against persons or property

Who are punishable for light felonies?

o Only principals and accomplices.
o Accessories are not liable because light felonies are

finding someone guilty of a crime except proof beyond

punishable with arresto menor and accessories are penalized

two degrees lower than the principal, which is non-existent in

PI?
The crime of reckless imprudence is a light felony, under the

last paragraph of Art. 9 of the RPC. Punishable only by public

Art. 8: conspiracy and proposal

execution to some other person or persons.

Is conspiracy or proposal a felony?
o No. Conspiracy under article 8 is not a felony, because there is
o
o

no penalty provided by law.

Article 8 is thus a mode of incurring criminal liability.
Enumerate at least two felonies punished pursuant to

Article 8 as a felony per se:

Conspiracy to commit treason

Conspiracy to commit rebellion

For the above acts, the mere conspiracy is punishable. But the

execution.

The overt act can be active participation, moral

assistance by being present at the scene of the crime, or

o

exerting moral ascendancy.

But merely being present is not sufficient to prove conspiracy; it
must be shown that there is intent to provide moral support,

etc.
What are the two types of conspiracy?
o 1. Express conspiracy

There is prior agreement

A conspirator is liable as long as he appeared in the

scene of the crime.

Except when he is the mastermind, where it doesnt
matter whether he appears or not, since he is a

moment they actually commit treason or rebellion, conspiracy

loses its juridical personality and it becomes a mere mode to

furthering the common design.

Except when one is a mastermind, he must perform some
overt art as a direct/indirect contribution to the crimes

When is there conspiracy?

o When two or more persons come to an agreement concerning
the commission of a felony and they decide to commit it.
What is proposal?
o A person who has decided to commit a felony proposes its

the crime.
These acts must indubitably point to or indicate a joint purpose,

concerted action, and singular interest.

What is required to be done in order to become a co-conspirator?
o Intentional participation in the transaction with a view to

censure.

reasonable doubt.
But it can be proved by indirect proof, such as inferences from
acts of the accused before, during, and after the commission of

this case.
How do you categorize reckless imprudence resulting into slight
o

Same degree of proof to establish the crime, in order to prevent

commit a crime.
What is required to prove a conspiracy?

principal by inducement
Degree of actual participation is immaterial: all

conspirators adopt the acts of the others

2. Implied conspiracy

Deduced from the acts of the offenders.

The

agreement to pursue a common design and the unity

of purpose is instantaneous.

12

It is essential that the conspirator participated in the

commission of the crime.

(sale, importation, distribution and conspiracy to do

such)
Ex. Access device regulation, Sec. 11: conspiracy to

commit access devise fraud is a crime

Ex. Anti-terrorism law: conspiracy to commit terrorism

Mere presence is not

enough because mere presence does not prove intent

to join the commission of the crime, without prior

agreement.
Three kinds of special conspiracy:
o 1. Wheel conspiracy there is one person (hub) and his

underlings (stokes)

We have this. The others, not yet recognized.

2. Chain conspiracy using legitimate enterprise to distribute

narcotics

Ex. drugs
3. Enterprise conspiracy Racketeer Influenced and Corrupt

mode to commit that crime.

Two or more persons who conspire to commit a crime

Organizations (RICO)
What is the kind of conspiracy and connivance contemplated in

confederates, which follow incidentally in the execution of the

common design, as one of its probable and natural
consequences even though not intended as part of the original

connivance with another person.

The conspiracy or connivance in connection with the crime

committed here is an essential condition for the commission of

the custody of prisoners). The penalty is prision correccional in

design.
Conspirators are held to have intended the consequences of
their act, by engaging in conspiracy. So, liability extends to

said crime, in connection with Art. 223 of the RPC (Infidelity in

of BP 22 liable under Art. 8 of the RPC (Andan v. P)

Recall the controversial Tigoy case re: conspiracy to

violate the Forestry Code

Does Article 4, par. 1 apply to Article 8?
o Yes. Each conspirator is responsible for everything done by his

Article 157 (Evasion of service of sentence)?

o This is the situation where a convict or a person escapes in
o

is a crime punishable with 40 years of imprisonment

If there is no provision in the SPL, Art. 8 can be considered a

maximum period instead of medium and maximum period.

What are the characteristics of conspiracy?
o 1. Singularity of intent
o 2. Unity in the execution of the unlawful objective
Does Art. 8 apply to SPLs?
o Generally, no; it does not apply to crimes defined in SPL.

collateral acts incident to and growing out of the conspiracy.

X and Y agreed to rob the victim only. But he resisted and
X killed the victim. What crime did X and Y commit?

HELD: All the conspirators, thus both X and Y, are

guilty of robbery with homicide.

What if one of the co-conspirators (ex. robbers) prevented
the others from committing the extra act of homicide or
rape?

However, if the SPL provides that conspiracy to commit a crime

under that law is a crime in itself, then it is.

Ex. DDA, Sec. 26: conspiracy to commit any of those

HELD: He is only liable for robbery only, and not

homicide and rape. It does not matter if he succeeds

crimes enumerated in that section is a crime by itself

in preventing them of not.

X, Y, and Z committed robbery. After they all escaped, X a
car and carnapped it after.

13

HELD: Only he was liable for carnapping because its

2. Culpa in this case, he is not part of the conspiracy

because there can be no conspiracy by culpa

What is the Arias doctrine?

The head of office can rely to a reasonable extent on

not intended as part of the plan and is not incidental to

the common design.

Conspirators are necessarily liable for the acts of

his subordinates and their good faith. There has to be

another conspirator unless such act differs radically

and substantively from that which they intended to

a special reason why he should examine acts or

commit.
Until when does conspiracy last?
o Conspiracy continues until the object is attained. Conspiracy is

fails to examine an error because of the sheer amount

papers in detail. There is no negligence/culpa if he

of paperwork that passes through his hands.

a continuing event, unless in the meantime, they abandon the

Art. 9: severity of felonies

conspiracy or the conspirators are arrested.

X and Y agreed to commit robbery and decided to commit it. X

stabbed the victim and ran. Y did not run and he was caught.
Defense: he was not guilty of the crime, because he desisted when
he did not run. Is the defense tenable?
o HELD: The mere failure or refusal to flee after the commission

Classify felonies as to severity:

o 1. Grave felonies

Capital punishment

Afflictive penalties in any of its periods (prision mayor

o

of the crime does not amount to a disavowal of the conspiracy.

There must be an overt act to disassociate oneself from the

(destierro,

conspiracy.
Relate conspiracy with aggravating circumstances of evident

premeditation and price:

o Evident premeditation only applies for express conspiracies. It
does not apply to implied conspiracies, because these are
o

spontaneous.
Price applies to the co-conspirators acting as offeror and

acceptor.
Does the laxity of a public officer in investigating or prosecuting
indicate that he is a co-conspirator?
o Not per se. It must be shown that he had foreknowledge and

to reclusion perpetua)
2. Less grave felonies

Correctional penalties in their maximum period

suspension,

arresto

mayor,

prision

correccional)
3. Light felonies

Arresto menor

Fine not exceeding P200

N.B. but in Article 26, a fine of P200 is already a

correctional penalty
What is the relevance of knowing this classification?
o 1. Complex crimes require grave or less grave felonies
o 2. To determine the duration of the subsidiary penalty
o 3. To determine the duration of detention in case of failure to
post the bond to keep the peace

N.B. but there is no crime that requires a bond to

participation in the plan in the first place.

What are the possible liabilities of a head of office when his
subordinates are able to conspire to commit a crime?
o 1. Conspiracy (if he is aware of the design and agreed to it)

14

keep the peace

4. Different prescriptive periods

5. To determine whether there is delay in the delivery of the

detained persons to the judicial authority

6. Penalty for quasi-offenses (Art. 365)

CIRCUMSTANCES AFFECTING LIABILITY

Art. 11: justifying circumstances

Art. 10

What is the relationship between RPC provisions and SPLs?

o In general, RPC provisions do not apply.
o But the RPC is supplementary to the SPL, unless provided

(justifying circumstances) absolutory causes?

o Yes, because the accused is not deemed to have committed a
crime. An absolutory cause means that the accused does not

otherwise.
What if the penalty provided by an SPL follows RPC nomenclature?
o The RPC applies suppletorily, ex. mitigating circumstances.
R.A. 9165, amended by 9344; Dangerous Drugs Act provisions of

incur criminal liability.

Is Article 12 an absolutory cause as well?
o No. There is technically a crime, although the person is
exempt from liability. The basis here is that the person is not

RPC shall not apply to violations of DDA, except in the case of minor

Are complete self-defense and other provisions under Art. 11

offenders
o Reclusion perpetua, not L.I.
o Penalty may be reduced by 1 or 2 degrees under Art. 63
What does the Anti-hazing law provide as re: praeter intentionem?
o Sec. 4 provides that praeter intentionem does not apply as a

acting with complete intelligence. There is no mens rea.

What are other absolutory causes?
o 1. The offender was instigated

Differentiate instigation from entrapment:

In entrapment, the idea of the crime comes

from the lawbreaker.

mitigating circumstance for violation of Anti-Hazing law

o The law also enumerates who will be deemed principals, etc.
What does the anti-terrorism law provide as re: the relationship of

absolutory.

its penal provisions and RPC provisions?

o Conviction of a person under said law constitutes a bar to the

criminal liability.
o Ex. buy-bust operations
In instigation, the idea of the crime is induced
due to public policy. The peace officer is a

the predicate crime

What does R.A. 7610 Child abuse law, Sec. 10 provide?
o Where the victim of murder, homicide, intentional mutiliation, or
SPI is under 12 years old, the penalty shall be reclusion

The peace officer is without

in the mind of the lawbreaker. It is absolutory

prosecution of that person under the RPC or another SPL for

Thus, this is not

perpetua
VAWC: If the offender commits act of physical violence and there is
intent to kill, what is the punishment?
o Crime is NOT violation of physical violence provision under
VAWC but attempted, frustrated, or consummated parricide,
homicide, or intentional mutilation

15

o
o

principal by inducement.
2. Spontaneous desistance in the attempted stage
3. Attempted or frustrated light felonies, except against persons

o
o
o
o
o

and property
4. Accessories in light felonies
5. Accessory relatives who help relatives escape (Art. 20)
6. Art. 247 death under exceptional circumstances
7. Certain relatives in estafa, theft, malicious mischief
8. Somnambulism

o 9. Mistake of fact (Achong)

o 10. Repeal of penal law, whether absolute or modification
What is the nature of self-defense?
o Self-defense is an act to save life; thus, it is an act, not a crime.
o There is no such thing as accidental self-defense because it

because once it ceases, the offender can no longer

contemplates intent by the defending party.

What does self-defense include?
o Defense of body and limb
o Rights as person, including honor
o Property and liberty
If the accused in arraignment pleads self-defense, is he making a
judicial confession?
o It is NOT a judicial confession, but just a judicial admission. He
killed the victim.
If the accused admitted killing the victim and pleads self-defense,

defense is just mere retaliation and thus invalid.

What if the other two are missing?
o There is incomplete self-defense and thus it is just a mitigating

circumstance, not justifying.

How is unlawful aggression defined?
o Actual peril to ones life, or merely a threat, but real and

imminent.
Is slapping unlawful aggression?
o Yes. It is unlawful aggression against his honor. The face of a

shows a determined effort to kill the victim, and not mere self-

(Although Boado seems to have mixed up

these terms because she says that the burden of proof shifts.)
What are the requisites of self-defense?
o 1. Unlawful aggression
o 2. Reasonable means necessary to repel it
o 3. Lack of sufficient provocation by the defender
What is ABSOLUTELY necessary out of these?
o Unlawful aggression. Without it, even if the two others are

defense.
Compare P v. Jaurige and P v. De la Cruz as re: reasonable means:
o BOTH cases involved defense of honor.
o Jaurige: mere touching of thigh, in church, in daylight. She
killed him with fan knife. No self-defense appreciated. The
o

present, there can be no complete or incomplete self-defense.

If it is unlawful aggression alone, then it is an ordinary

person is akin to his dignity, honor, etc.

What is the effect of presence of multiple wounds on the victim in a
claim of self-defense?
o The nature of wounds belies a claim of self-defense because it

is the burden of proof shifted to accused?

o No. The burden of proof never shifts; only the burden of
evidence shifts.

invoke self-defense.
If there is no more unlawful aggression, the self-

does not admit penal liability. He is merely admitted that he

It must continue up until the act of self-defense,

o
o

mitigating circumstance.
If it is unlawful aggression plus one other, then it is a

privileged mitigating circumstance.

What is the nature of needed unlawful aggression?

16

means used were not reasonable.

De la Cruz: groped in dark alley. Killed with knife. Allowed to
exercise self-defense.
THUS, whether means are necessary is case-to-case.
What do you consider?

1. Whether the aggressor was armed

2. The nature and quality of weapon used

3. Physical conditions and sizes of the parties

involved
What is the rational equivalence rule in reasonable necessity?

The law does not demand material commensurability between

the means of attack and defense. So this doctrine considers

Ex. Husband caught wife in sexual congress. The

wife, caught, wanted to kill him, so he took the knife

the nature of imminent danger, and instinctual actions. Note

that a person in peril will not act as rationally as normally

and killed his wife.

The accused arrived and saw his wife in the act of sexual
intercourse. The paramour ran and the wife dressed up. Gonzales

expected.
What is the rule when a person is attacked?
o Not anymore retreat to the wall; now, it is: Stand your ground

when in the right.

If two people agree to fight, is there valid claim of self-defense?
o No, because there is an agreement. There is no unlawful

stabbed his wife. Can the husband invoke 247? (P v. Gonzales)

o HELD: You cannot invoke 247 because at that time, she was

aggression.
What is the exception?

When they agreed to fight, but one attacked ahead of

(P v. Gonzales)
DISSENT: follow this You are unfairly punishing him if we

went out. When he got back, he heard rustling leaves. He saw the
paramour and the wife, who was putting on her panties.

already putting on her panties, not in actual sexual intercourse.

o

strictly apply the law. But what can you deduce from the fact

the agreed time.

What is the extent of defense of property rights?
o May use such force as reasonably necessary to prevent or

that she was wearing her panties from a naked state. It is

asking too much to actually catch them in the act of actual

repel the unlawful physical invasion of his property. This does

o

not seem to involve the taking of human life.

Dissent of P v. Narvaez: in order to defend against the person,

sexual congress.
Can one invoke Article 11 in Article 247 cases?
o Suggestion: Husband also has right to invoke his honor and
defend it, so Art. 11 can be invoked by the one discovering the

there must be aggression not just against property rights but

o

also against the person of the owner.

Correlate this with Art. 429 of the Civil code, or the doctrine of

self-help.
When is there sufficient provocation?
o Provocation is sufficient if it is sufficient to incite the person to

attack.
Is Art. 247 an absolutory cause?
o Yes. Because the only imposed penalty is destierro. And
o

He

that this is more of protection for the one who killed.

NOTE: differentiate Art. 247 from cases where Self-defense

not a penalty, but a limitation of his liberty.

Can you invoke Art. 247 if there is mistake of fact?
o Yes. Apply the Achong doctrine by analogy.
o Example: The husband saw movement of buttocks, but the
paramours penis hasnt entered his spouses vagina yet.
Are the RPC provisions applicable to VAWC?
o Yes. Recall Art. 10: how RPC provisions apply suppletorily,
o

under Art. 11 applies, even if the situation is the same

(catching spouse in sexual congress)

17

sexual congress. He can also invoke 247, obviously.

Prefer 11 over 247, because the latter results in destierro. It is

unless provided otherwise.

Under RA 9262 (VAWC), Art 47: RPC provisions supplement
the VAWC law.
The VAWC law even uses RPC terms for penalties:

SPI: P.M.; LSPI: P.C., Slight PI: A.M.

What are the circumstances in P v. Genosa?

o The SC recognized the Battered Woman Syndrome. But there
o

and adopted siblings, or relatives by affinity within the

was no RA 9262 then yet so its still not an absolutory cause.

The SC did not appreciate ordinary self-defense because the
threat to the womans life has already ceased. There was no

more unlawful aggression.

o But the SC appreciated the following mitigating circumstances:

1. Passion and obfuscation

2. Diminished will power

What is the Battered Woman Defense under RA 9262?
o The Battered Woman Syndrome (BWS) is a justifying

circumstance, notwithstanding absence of any requisites of

o
o

same degrees

Relatives by consanguinity until the fourth degree

Anyone beyond this enumeration: defense of stranger

What are the requisites of defense of strangers?
o 1. Unlawful aggression
o 2. Reasonable necessity of the means employed to prevent or
o

self-defense.
The woman incurs neither criminal nor civil liability.
The defense is separate from and independent from self-

or other evil motives

What are the requisites of state of necessity as a justifying

prevent it
What if the party invoking state of necessity is responsible

for the peril?

Cannot invoke this defense.

What is the injury contemplated under requisite number

behavior by a man with whom she has an intimate relationship

with in order to coerce her to do something he wants.

The cycle has to happen at least twice: 1. Tension-building

2?

phase, 2. Acute battering incident, 3. Tranquil, loving phase.

What are the characteristics of the BWS?
o 1. The woman believes the violence was her fault
o 2. inability to place responsibility for the violence elsewhere
o 3. She fears for her and her childrens lives
o 4. Irrational belief that offender is omnipresent and omniscient
What are the requisites of defense of relative?
o 1. Unlawful aggression
o 2. Reasonable necessity of the means employed to prevent or
o

repel it
3. In case of provocation given by the person attacked, the

defender must have had no part therein

Who are the relatives under this provision?

repel it
3. Person defending is not motivated by revenge, resentment,

circumstance (Art. 11, par. 4)?

o 1. The evil sought to be avoided actually exists
o 2. The injury feared is greater than that done to avoid it
o 3. There is no other practical and less harmful means to

defense.
Who is a battered woman?
o One repeatedly subjected to forceful physical or psychological

Spouse, ascendants, descendants, legitimate, natural,

This is a broad concept. It can be against property,

liberty, etc.
What is the rule on civil liability for acts in the state of necessity?
o Those who were benefited by the act performed are liable to
those to whom injury is caused. Note that this is a purely civil

liability and does not arise from criminal liability.

What are the requisites of lawful exercise of right or duty (Article
11, par. 5)?
o 1. Act out of duty or office
o 2. Injury caused is the consequence of the performance of that

18

duty or right
What is the limitation on the performance of duties?

It must be exercised neither capriciously nor oppressively, and

within reasonable limits. There must act with sound discretion.

X was a deranged man who was already incapacitated by
the police from doing further harm.

Y, one of the

policemen, seeing X lying on the ground, shot him further

on the forehead. Can Y invoke performance of duty?

No.
The act performed was unreasonable and

time?
o
o

Yes.
An example is when a policeman saw one person about to
The policeman shot the

offender. He was both defending himself and performing his

duty in preventing the other person from being shot.

What are the requisites of obedience to superior order?
o 1. An order has been issued by a superior.
o 2. The order is for a legal purpose
o 3. The means used to carry out the order were lawful
o What if the order is illegal?

Cannot follow the order unless it is apparently legal

disproved beyond reasonable doubt.

What does it indicate when the actor surrendered to the police

insanity
What if the insanity occurs after the commission of the crime?
o Refer to Art. 79, which provides that one who becomes insane
or imbecile after final sentence will have the sentence
suspended as to the personal penalty.

illegal.

Art. 12: exempting circumstances

doing the act.

His mental condition after doing the act is inconsequential.
Note that there is a presumption of sanity and it must be

after committing the crime?

o There is discernment because remorse is inconsistent with

and the subordinate did not know it was actually

the act, and so there is complete absence of ability to discern.

Not mere abnormality of mental faculties or mere frenzy due to

anger.
When should insanity exist?
o In the period immediately before or at the precise moment of
o
o

shoot another. The policeman gave a warning and the offender

pointed the gun at the policeman.

Liability
o But there is civil liability
o The emphasis is the actor, not the act
What is insanity?
o There is a complete deprivation of intelligence in committing
o

excessive.
Can a policeman invoke SD and performance of duty at the same

The act is criminal, but the criminal is exempt from criminal

He will only be

sentenced when reason is regained.

What if there is no complete impairment or loss of intelligence, and
just a partial one?
o It is just a mitigating circumstance: illness that would diminish

What are the exempting circumstances?

o 1. Imbecility or insanity
o 2. Minority
o 3. Accident
o 4. Compulsion of irresistible force
o 5. Impulse of uncontrollable fear
o 6. Insuperable or lawful cause
What are the characteristics of exempting circumstances?

exercise of will-power without depriving consciousness of his

o

acts
A common example is schizophrenia: there is no complete
deprivation of intelligence, but there is difficulty distinguishing

19

fantasy from reality

How is mental condition of an accused determined in trial?

The judge must order the examination of the accused by a

medical expert. The judge cannot do it alone, because he is

not an expert on this matter.

Under RA 9344, how are minors classified?
o Children at risk are those vulnerable to and at the risk of

social circumstances.
Children in conflict with the law are those accused of or

one handling the case forwards the records to the prosecutor

or court within 3 days and then the case is filed according to

is discernment

No liability if there is lack of discernment. Also subject

regular process
Can a child be detained pending trial?
o Yes, but only as a last resort and only for the shortest possible
period of time.

a diversion program.
Is the minor over 15 but below 18 acting with discernment

placement with a family/educational setting.

What is the rule on automatic suspension of sentence?
o Children below 18 at the time of commission of the crime found
guilty of the offense are placed under suspended sentence
without need of application. The court then determines and

under Article 68(2)?

Yes. RA 9344 did not change this.

What are the diversion programs for those over 15 but below 18
acting with discernment?
o Note: these are without going through court proceedings
o 1. When the penalty of the crime is not over 6 years:

Crimes with victims:

Diversion program before law enforcement

officer or punong barangay

Involves mediation, family

The authorities can resort to alternative

measures such as close supervision, intensive care, or

to intervention program.
Liable if there is discernment. However, he will under

still entitled to the privileged mitigating circumstance

appropriate or not
3. If the offense does not fall under any of the above or the
child or parents/guardian does not consent to diversion, the

adjudged as having committed criminal offenses.

What are the benevolent features of RA 9344?
o Age 15 and below = age of absolute irresponsibility

Exempt from criminal liability

Subject to intervention program

o Age over 15 and under 18 = criminally liable only where there

officer, with child and parents/guardians

2. When the penalty of the crime exceeds 6 years:

Diversion is before courts

In case the penalty is not more than 12 years or just a

fine, the court can determine whether diversion is

committing criminal offenses due to personal, familial, and

o

Diversion program before the local DSWD

imposes the appropriate disposition measures afterwards.

What if the then-child is over 18 years old upon the

pronouncement of guilt?

It doesnt matter; there is still suspended sentence.

What if the child reaches 18 while under suspended
sentence?

The court determines whether to:

1. Discharge the child

2. Order execution of sentence

3. Extend suspended sentence for a certain period, or

conferencing,

conciliation with child and parents/guardians

Crimes without victims:

until he reaches the maximum age of 21

20

What if the child undergoes period of actual detention or

commitment?

It will be credited in full.

What is the provision on probation?
o Upon application at any time, the court can place the child on

imprisonment

Note: punishable need not be actually punished

o

probation in lieu of service of sentence. (This amended the

sentence. This is impliedly repealed by the provision

stating that under RA9344, the age of commission of
the crime is the determination of suspension of

punished if committed by a child.

o Ex. curfew laws
Did Ra 9344 retroact?
o Yes, it retroacted to pending cases and those minors already

sentence, and not the age during promulgation of the

convicted.
Under 9344, the minor is still exempt from specific offenses even if

and treatment program.

When is a child in conflict with the law subject to preliminary

investigation and filing of information?

o 1. Child does not qualify for diversion
o 2. Child or parents/guardians do not agree to diversion
o 3. Prosecutor determines that diversion is not appropriate for

the child, considering assessment/recommendation of the

judgment.
After suspension of sentence, what is the disposition order?
o After sentence, the court sets disposition conference within 15
days from promulgation

Minor, parents/guardian, and social worker are

he or she acted with discernment. What are these?

o 1. Vagrancy
o 2. Prostitution
o 3. Mendicancy
o 4. Sniffing rugby
o What happens?

These persons would undergo appropriate counseling

especially since the death penalty has been abolished

What was the ground under PD 603 that was repealed by
RA 9344?

When the child is already 18 upon promulgation of

Probation Law)
What is a status offense and how is it treated under the law?
o Any conduct which is not an offense when committed by an
adult will not be considered an offense and is thus not

2. Convicted for offense punishable by death or life

social worker
Who are the minors disqualified from suspension of sentence?
o 1. One who once enjoyed suspension of sentence already

present
Can issue:

1. Care, guidance, and supervision orders

2. Drug and alcohol rehab

3. Participation in group counseling and the like

4. Commitment to youth rehab center of DSWD/other

centers
When there is doubt if the person is a minor or not, what is the
appropriate proceeding?
o There is presumption of minority.
o File for summary proceeding in Family Court.
What if the minor was alleged as a co-conspirator?
o The presumption of acting without discernment still applies.
o Evidence of conspiracy does not automatically mean the minor
acted with discernment in the commission of the crime.
May the presumption still apply even if the allegation was reckless
imprudence under Art. 365?

21

o Yes. (Jarco Marketing case)

What is the definition of discernment?
o When the minor is able to distinguish whether his act is moral
o

and impending, as to induce well-grounded fear of death or

serious bodily injury

Thus, the fear must not be speculative, fanciful, or

or licit or not..
The utterances of a minor and overt acts preceding crime, and

nature of weapon is evidence of discernment.

S.C. AM 02-1-18:
o If the minor committed a crime and the time the law took effect,

he was already 21, can he enjoy the benefit of suspension of

sentence
If a minor is charged with a heinous crime punishable by death or
RP-death, is he entitled to suspension of conviction?
o Yes. Ubi lex non distinguit, nec non distinguire debemos.
What are the requisites of accident?
o 1. performing lawful act with due care
o 2. causes injury to another
o 3. without intent or negligence
What if there is negligence?
o Article 365 applies: quasi-crime of reckless imprudence
o Accident and negligence are mutually exclusive.
o What is the difference between accident and negligence?

Accident without fault of the human being. Cannot

imagined
What are the elements of uncontrollable fear?
o 1. Threat which caused the fear of an evil greater than or equal
o

to the act accused was required to commit

2. The evil promised was of such gravity and imminence that

an ordinary man would succumb to it

Ex. X is a hostage who decapitated his fellow hostage Y

because their captors threatened to kill X.

What is an insuperable cause?
o It applies to felonies by omission where the failure to do so is
o

due to a lawful or insuperable cause.

A common example is failure to comply with art. 125 of the
number of hours when a person arrested must be delivered to
judicial authorities, when there is a long holiday or the judicial
offices are not open, or there is a calamity/accident that met
them.

Art. 13: mitigating circumstances

be anticipated.
Negligence when there is some degree of fault in

the person
NOTE: Under Art. 365, the court will not consider Art. 13 and
14 in imposing the penalty because this crime is NOT

3. The duress, force, fear, or intimidation present is imminent

intentional.
What are the elements of irresistible force?
o 1. Force is physical and must come from an outside source
o 2. The accused acts not only without a will but even against his

What are the mitigating circumstances?

o 1. Incomplete justifying and exempting circumstances
o 2. Under 18 or over 70

Correlate with RA 9344

o 3. Praeter intentionem
o 4. Sufficient provocation or threat by the offended party
o
o
o

will, reduced to a mere instrument

preceded the act

5. Proximate vindication of grave offense
6. Passion or obfuscation
7. Voluntary surrender or voluntary confession prior to
prosecutions presentation of evidence

22

8. Physical defect restricts means of action, defense,

communication
9. Illness diminishes will-power without complete deprivation of

If 2 or more, lower by
one or more degree

consciousness
o 10. Analogous circumstances

No similar provision for aggravating circumstances

If the criminal is 80 years, is there a mitigating circumstance?
o P v. Austria 27 June 2000 the accused was charged with
rape. He was already 83 years old. His defense was erectile

Can be offset by ACs

Cannot be offset by
ACs

Cannot be imposed on
indivisible penalties

Can be imposed on
indivisible penalties

In incomplete justifying and exempting circumstances, what are

the requisites that must always be present?

o 1. For self-defense, unlawful aggression
o 2. For accident, due care and lack of fault
When is incomplete justifying or exempting circumstance an

dysfunction. He was convicted, but the SC applied the old age

as a mitigating circumstance.

So far, this is the only case

where this case was applied.

Must mitigating circumstances be alleged in the information?
o No.
How are mitigating circumstances classified?
o 1. Ordinary enumerated in Art. 13 and some SPLs

If there is one, penalty lowered to minimum period

If there are two or more ordinary mitigating

ordinary mitigating circumstance?

mitigating circumstance?
o Ordinary if there is only one element or there is no majority of

circumstances, the penalty is lowered by one degree

Can be offset by generic aggravating circumstances
Not considered when the penalty is a single indivisible

penalty (i.e. only RP now)

2. Privileged

Lowers imposable penalty by one or more degrees

Cannot be offset by any aggravating circumstance

Even if the penalty is single and indivisible, it is

imposed
3. Specific applies to specific felonies

Ex. concealment of dishonor in case of abortion by

Lower
period

to

minimum

required elements
o Privileged if there is majority, but not all, of required elements
What is the nature of minority as a mitigating circumstance?
o It is always a privileged mitigating circumstance
o It applies to those over 15 but below 18 who acted with
discernment reduce the penalty to the next lower penalty, in
the proper period
When can praeter intentionem not be invoked?
o RA 8049 lack of intent to commit so grave a wrong as
committed CANNOT be invoked by accused in hazing
incidents.
Can lack of intent to commit so grave a wrong as that committed
be invoked in malversation?
o YES. Ex. The petitioner was a municipal treasurer, and the

pregnant woman
Ordinary

When is it a privileged

Privileged

Specific

audit team discovered he was short P72000 of funds. After a

Lower by one or more

degree

To specific felonies only

few months, he returned the money he borrowed.

23

Note: the SC also applied a mitigating circumstance analogous

to voluntary surrender in this case.

What other rule must be taken into account vis--vis praeter

to leave is NOT proportionate to the latter killing the

intentionem?
o Art. 4(1) presumption that person intends all the natural and

logical consequences of his felony.

How to resolve: the means employed and the result must be

so disparate that the result is not the logical and natural

o

consequence of the means

Ex. X used a lead pipe to hit victim on the eyebrow, and the

victim died. SC refused to apply the mitigating circumstance of

o

lack of intent to commit so grave a wrong as that committed.

P v. Pugay: (gasoline burning case) SC also applied Art. 13(3),

as that committed cannot invoke the mitigating circumstance.

BUT if both of them did not intend to commit so grave a wrong

circumstance.
Can both treachery and Art 13(3) be invoked together?
o Yes. Treachery refers to the manner or method used to kill the
the person. They may co-exist.
Can praeter intentionem be invoked for culpable felonies?
o No. Obviously intentionem requires intent in the first place,

just that the intent did not match the result.

What are the elements of sufficient provocation?
o 1. Sufficient

circumstance, because both are based on the same facts.

Same rule between vindication of grave offense and sufficient

provocation.
What is immediate in immediate vindication of grave offense?
o Proximity. It need not immediately precede the act, but there
must be no lapse of sufficient time.
How sufficient is sufficient time?

If there was only a gap of 30 minutes, still okay.

P v. Palabrica: 1 day lapse is not okay.

P v. Ignas: only said hours still okay.

What is grave offense?
o
Grave offense in this provision is different from grave offense
o

victim, while praeter intentionem refers to the state of mind of

starting to gather the latters crops.

2. Immediately preceding the commission of the crime

This actually means immediate, not like grave

vindication which just requires proximity

o 3. Originate from the offended party
If provocation and passion/obfuscation are based on the same

as that committed, then both can invoke the mitigating

11; the threshold here is lower.

Need not be put in words; can be in action.

Ex. entering anothers property and then

circumstances or only one?

o Only one. The accused is only entitled to only one mitigating

to commit the grave wrong as that committed, while the other did
The conspirator who did not intend to commit so grave a wrong

former.
Need not constitute unlawful aggression under Art.

facts, is the accused entitled to two separate mitigating

because the intent was less than the material act committed.
What if two persons conspire to commit a felony, and one intended
not?
o

Merely shouting at the accused and asking the latter

under Art. 9. Grave offense under this provision might not even
o

be a felony at all. It usually is an assault to honor.

When is an offense grave?

1. Determine social standing of parties

2. Determine place and time and occasion when

offense committed

24

Grave offense even includes an insult

You are living at the expense of your wife!

obfuscation?
o No. If they arise from the same facts, only one will be

appreciated as grave offense

In a case, hitting someone with a bamboo stick is not a grave

offense.
Xs son eloped with Ys daughter.

At that time, it was really

and

obfuscation. When a person acts with passion or obfuscation,

sought revenge against Xs son and killed him. Is this vindication

he loses his reason and self-control, which is inconsistent with

of grave offense? (P v. Diokno)

o The SC said that it was. Even if three days lapsed, the act of

treachery, because one who acts with treachery presupposes

there.
NOTE: This case may be a product of its time.
situation is pretty ordinary already.

Now, this

So this case may be

archaic already.
What is necessary for passion or obfuscation to be considered?
o It must arise from lawful sentiments of the accused. The

excite passion or obfuscation

It must not come from lawlessness or revenge, or an
illegitimate relationship

Bello: EXCEPTION. He lived with common law wife

for 10 years. Bello supported her for 10 years. After,

Bello killed her.

Although

the

relationship

unconditionally surrender to authorities.

How has this provision been applied by analogy by the SC?
o Navalos v. P: Before being charged of malersation, the
voluntarily surrendered analogous. The return of the money

Eh wala ka

namang ibubuga talaga eh. SC HELD: Passion and

obfuscation.

authorities
o 4. No pending warrant of arrest or information filed
What is the most important element of voluntary surrender?
o The spontaneity of such and intent to give up and

accused returned the amount, he was deemed to have

the common law wife wanted out, and wanted to live

with another man.

that he adopted a mode of attack of killing the victim.

o Contra: treachery can co-exist with praeter intentionem
What are the elements of voluntary surrender?
o 1. Offender surrendered to a person in authority or his agent
o 2. Offender surrendered before arrest is effected
o 3. Surrender is voluntary, i.e., spontaneous and coming from
intent to acknowledge guilt and save time/resources of

offended party must have done an act unlawful and sufficient to

appreciated.
Can treachery co-exist with passion or obfuscation?
o No.
Treachery CANNOT co-exist with passion

deemed a dishonor. Y looked for his daughter for three days. Y

elopement was deemed continuous, and the effect was still

Can vindication of grave offense co-exist with passion or

was

illegitimate, nevertheless, the victim was ungrateful.

How much lapse of time is allowed for passion and obfuscation to
be appreciated?
o P v. Ventura: Although passion and obfuscation may arise from

jealousy, since there was a lapse of 1 week, accused was

must be spontaneous.
What are the requisites of voluntary plea of guilt?
o 1. Made in open court
o 2. Spontaneous and unconditional
o 3. Prior to presentation of evidence by the prosecution
Does this include extra-judicial confessions?
o No.
May voluntary plea of guilt and voluntary surrender both be
considered in one case?

expected to recover his equanimity.

25

arising from the same facts. The offended party is entitled to

o
o

2. In contempt of or with insult to public authorities

3. With insult or disregard of rank, age, or sex,

two mitigating circumstances.

What is the character of the plea of guilty?
o It must be unconditional and the accused must admit to the

o
o

dwelling of the offended party, if the latter did not provoke

4. Abuse of confidence or obvious ungratefulness
5. Committed in the palace of the Chief Executive, or in his

Yes.

They are two separate and distinct circumstances not

presence, or where public authorities are discharging their

offense charged.
What is relevant for the mitigating circumstance of physical
o
o

duties, or in a place of religious worship

6. Nighttime, or in an uninhabited place, or by a band
7. Committed during a conflagration, shipwreck, earthquake,

defense, or communication with his fellow human beings.

Ex. rape committed by a deaf and dumb man on the girl of his

epidemic, or calamity
8. With aid of armed men or persons who insure/afford

dreams to whom he cannot convey his feelings to

But not when it was committed by a man with a severed left

o
o
o
o

impunity
9. Recidivism
10. Reiteracion
11. Price, reward, or promise
12. By means of inundation, fire, poison, explosion, stranding

defects and illness?

o The defect or illness must relate to the offense charged,
because the defect must have restricted his means of action,
o
o

hand, because it does not limit his means of action, defense, or

communication
What is necessary for illness that diminishes willpower of the

of a vessel, derailment of locomotive, use of any artifice

accused?
o It must only diminish and not deprive the offender of the
consciousness of his acts; otherwise, it is an exempting

circumstance
What are NOT examples of analogous mitigating circumstances?
o 1. Being part of a minority group
o 2. Extreme poverty
o 3. Abberatio ictus
o 4. Mistake in identitiy
What are some examples of analogous mitigating circumstances?
o 1. Mitigated mental capacity of a battered woman (decided preo

RA 9262)
2. Voluntary return of stolen goods

Art. 14: aggravating circumstances

or in the

o
o
o

involving waste and ruin

13. Evident premeditation
14. Craft, fraud, or disguise
15. Superior strength or means employed to weaken the

o
o
o
o

defense
16. Treachery
17. Ignominy
18. Committed after unlawful entry
19. Committed after breaking through a wall, roof, floor, door, or

window
o 20. With aid of persons under 15 years old, or motor vehicles
o 21. Cruelty
Compare with mitigating circumstances:
o This list is exclusive, whereas in mitigating circumstances,
there are analogous circumstances allowed

What are the aggravating circumstances?

o 1. Advantage of public position

26

Aggravating circumstances must be alleged in the information,

X was charged with homicide with the generic

mitigating circumstances need not (since theyre matters of

aggravating circumstance of treachery. Can the

defense)
What are the types of aggravating circumstances?
o 1. Generic aggravating

Apply generally to all crimes

Can be offset by ordinary mitigating circumstances

Increases penalty to maximum period

Are additional rapes or killing in the case of

trial court find him liable for murder?

No, treachery was alleged as a general

aggravating

instances, aggravating?

No, its not enumerated under law as such.

Its an anomalous situation, but doubt is

resolved in favor of the accused.

P v. Hipol: The malversed amount was so huge, that
the Sol. Gen said that the crime was already

one.

The rest become generic

aggravate the penalty

Ex. In the crime of falsification of document by public
authority, then abuse of public position is deemed

aggravating circumstance.

inherent. Same with malversation and other crimes

SC:

There is no such

by public officers.
What is the special aggravating circumstance introduced by RA
7659?
o

Committed by an organized/syndicated group impose

maximum penalty if the offense was committed by any person
belonging to an organized or syndicated crime group (2 or

offense
No need to increase the penalty because the change

more persons collaborating or mutually helping one another for

in the crime itself has changed the penalty as well to a

qualifying

economic sabotage and must be considered an

matter how huge the amount is, it is not aggravating

2. Qualifying circumstances

Cannot be offset by any mitigating circumstance

Changes nature of crime

Must be alleged in the Information as such new

aggravating circumstances.
3. Special or specific aggravating circumstances

Apply to specific felonies; found outside Art. 14

4. Inherent circumstances

Those already integral to the crime and thus cannot

aggravating circumstance as economic sabotage. No

o

not

circumstance.
How many circumstances are needed to qualify an
offense?

Just

robbery with rape or robbery with homicide, for

and

higher one
Can qualifying circumstances not alleged in the

purposes of gain in the commission of the crime)

What are the special aggravating circumstances introduced by RA
8353, Article 266-B?
o See crimes against persons: ex. victim is under 18 and rapist is

information but proved in trial be appreciated as

relative, gave victim AIDS, committed by AFP/PNP, etc.

generic aggravating circumstances?

No, due to the amendment in Criminal

Art. 14(1) advantage of public position

Procedure

27

When is this present?

o
o

ascendancy of his office to realize the purpose.

Tests under case law:

1. Offense is in relation to his office

2. He cannot commit the offense without holding such

Is this a generic or special aggravating circumstance?

o The use of ones public position in the commission of a crime is
o

the crime;
Examples:

Crimes committed by public officers

Inherent in the crime of falsification by a public officer

What are the requisites of contempt/insult of public authority?

o 1. crime committed
o 2. person in authority engaged in exercise of public position
o 3. offender knew he was a person in authority
o 4. victim is NOT a person in authority
A barangay captain was playing cards with some people. The
accused shot him. Does this provision apply?
o No. First, the person in authority must NOT be the victim per

of a public document
If the public officer could have committed the crime anyway without the

se, and second, he was not performing his duty at that time.

use of public position, it is not aggravating.

o P v. Tabeon: If the accused given a gun by the government by

of that gun is an aggravating circumstance. He could not have

used that gun unless he was a public officer.
But see P v. Villamor: Where Villamor used a gun officially

it

is

direct

assault.

This

aggravating

circumstance does not apply.

What if the crime was only committed in the presence of an agent
of a person in authority?
o This provision does not apply.
o Ex. If in the presence of a policeman, not aggravating because

issued to him by virtue of office use of that gun was not an

o

He was playing cards.

What if the crime was committed against the person in
authority?

Then

virtue of his position uses that gun to commit homicide, the use

a special aggravating circumstance. (RA 7659, Sec. 23)

Thus, it cannot be offset by generic mitigating circumstances.

Art 14(2) with contempt of or in insult of public authority

public office
o Ex. jail guard who was able to use his position to kill an inmate
When does advantage of public position not apply?
o Does not apply if the public position is a constituent element of
o

When the public official uses the influence, prestige, and

abuse of public position. This is contrary to Tabeon.

N.B. The later decision is Villamor, but Justice Callejo agrees

with Tabeon. Follow Villamor, though,

Two policemen were in the police car. They stopped and ordered a

the policeman is only an agent of a person in authority.

Supposing a crime is committed in the presence of a professor
while the latter was performing his duty?
o This is not aggravated. A teacher or professor is only a person

girl to enter the car. One policeman stole the watch and wallet of
the girl. The policeman driving did not say anything. Both were
held liable for robbery. Did the aggravating circumstance of taking

advantage of public position apply even to the driver of the car?

o Yes. He could have prevented the other policeman from
robbing the siblings. But he did not. This was abuse of public

in authority under Art. 148 and 152 of the RPC (direct assault).
Is there an exception?
o RA 9165 a teacher or professor is a person in authority for
o

position.

the purpose of enforcement of the DDA.

If you smoke marijuana in the presence of a professor, the
professor is a person in authority.

28

In the national penitentiary, sometimes the inmates feel bored and

they kill each other. Is this aggravating?

o Yes. Where the inmates killed another in the National

the teacher of the accused in grade 1. Key fact: victim was already
retired! Does insult to rank apply?
o Yes. The Fact that the offended party was already retired did

Penitentiary, this was in contempt of public authority.

Art. 14(3a) insult to age, rank, sex

What is required for this aggravating circumstance to apply?

o There must be deliberate intent to insult or show manifest
disregard for the age, rank, sex. Not merely because the victim

is a female or has a rank, this A.C. applies.

Can this coincide with passion and obfuscation?
o No, because the offender must have deliberately intended to

former killed the latter. May the A.C. of rank apply?

o No. The mere fact that victim was a person with a rank, such
barangay

captain

does

not

necessarily

mean

not diminish the respect due her rank as his former teacher.
Do these this apply to crimes against property?
o No. Not aggravating in crimes against property.
o Examples of where insult to rank, age, sex does not apply:

Robbery

Robbery with homicide since here, the homicide

offend or insult the offended.

The accused was conversing with the barangay captain and the

as

A 20-year-old man raped an 80-year-old woman. The victim was

here.]
Is insult to rank, age, sex absorbed by treachery?
o No. The aggravating circumstances of age and sex cannot be
absorbed by treachery.

its

aggravating, absent evidence that the killing was deliberately

the victim.
What are further considerations for circumstance of rank?
o The charge must not include rank as an element.

Treachery pertains to manner of

commission. Insult to age, rank, sex refers to relationship.

Ex. The accused murdered a child 3 days old. The SC
appreciated the A.C. of age in convicting the accused of

intended to disregard or insult or threaten to insult the rank of

was merely an incident to robbery

[NOTE: the Escote doctrine applies to treachery, not

murder.
If the

Also treacherous since the child cannot defend

himself.
But see P v. Malolot: Accused hacked to death an 11 month

accused was charged with complex crime of direct assault of

old child. SC HELD: A.C. of age of victim DOES NOT apply,

PIA with murder then the AC cannot be appreciated because

because it was absorbed by treachery. (Justice Callejo does

it is inherent.
o If the charge was just murder, then the AC applies.
When is the A.C. of sex not applicable?
o 1. If the accused acted with passion or obfuscation,
o 2. when there is an amorous relationship between the accused

not agree with this case. But Malolot might be prevailing, being

o
o

the newer case).

Art 14(3b) dwelling

and the victim,

3. When there is a relationship of employer-employee,
4. When the sex of the victim is inherent in the crime,

Does dwelling apply when both parties live in the same house?
o Generally, it is not aggravating.
o Victim was stay-in laundrywoman, but it was not her
house. The killer was the houseboy, who also lived that

29

house. The laundrywoman had her personal room, and the

houseboy had his as well. Is dwelling aggravating?

Yes. Although the offender and offended lived in the

same house, the crime is aggravated by dwelling,

because

the

room

was

deemed

the house. The offender can shoot from outside the house and

dwelling,

notwithstanding being in the same house.

Each room although located in the same house is

considered a dwelling separate and independent of

the adjacent rooms.

What is considered as dwelling?
o Includes every dependency of the house and every integral
part of the house.

Includes staircase, enclosure under the

then it is dwelling. But if he has yet to step, not yet.

To be considered as dwelling, it must be used exclusively for

ground floor is video shop and 2 nd floor is residence.

dwelling does not apply.

with intimidation of persons.

However, in robbery with force upon things, dwelling is inherent

in the crime.
Is dwelling aggravating in arson?
o No. (PD 1613)
A person dies inside a building burned on purpose. When is it
homicide, and when is it arson?
o Intent determines:
o 1. If the intent is to burn the house, then the burning is arson

rest and comfort.

Ex. the victim owns a building consisting of two floors:

The victim was killed in the video shop.

kill a person inside it is still considered as dwelling,

Does dwelling apply in robbery?
o Distinguish:
o Dwelling is aggravating in robbery with homicide or robbery
o

house, and the terrace.

If the person is stepping on the first rung of stairs,

o

2. The provocation is sufficient

3. The provocation is immediately before the crime

Does the offender have to actually enter the house?
o No. The law does not require that the offender must also be in

Here,

The video shop is not

even if a person dies. Homicide is absorbed.

2. If the intent is to kill the person and the burning was the

means employed to commit the crime, it is homicide.

3. If the intent is to kill the person, and the house is burned to

exclusively for rest and comfort, even if in the same

cover up the crime, then it is homicide and arson as separate

building.
What if the person is a squatter?
o Dwelling still applies. The law does not make any distinction as

crimes. There is no special complex crime of homicide with

arson.
Art 14(4) abuse of confidence or obvious ungratefulness

to the validity of title over the property.

What if the land is enclosed with a fence and the person is outside

the house but inside the fence?

o Dwelling does not apply.
When does dwelling not apply?
o If the victim gave sufficient provocation.
o What are the elements of sufficient provocation?

1. Offended party gives provocation

What are the elements of abuse of confidence?

o 1. Offended party reposed trust and confidence to offender
o 2. Offender abused this trust and confidence
What must be the character of the confidence reposed?
o The confidence must be IMMEDIATE AND PERSONAL such
that it gives the accused some advantage and makes it easier
to commit the crime.

30

Ex. The mother of the victim had a common law husband,

whom the victim called papa.

Subjective test when night time was sought purposely to

commit the crime.

Objective test when nighttime facilitated the commission of

the crime
N.B. The subjective and objective tests are alternative. They

need not concur. Either tests application is sufficient.

It is not enough that the crime was committed in night time.

Papa raped the daughter.

This was abuse of confidence, even if the relationship between

the mom and papa was illicit.
Art. 14(5) committed in a place of worship

What are contemplated here?

o 1. Committed in palace of Chief Executive
o 2. Committed in the presence of Chief Executive
o 3. Committed in place where public officers are discharging
o
o

There must be evidence that night time was sought for, or the

duties
4. Committed in place of worship
Distinguish 1, 2, and 4 from 3:

For palace, presence of CE, and place of worship it is

enough that the offense was committed in that place

For public officers in discharge of their duties, it is

necessary that the performance of function is being

nocturnity facilitated the commission of the offense

What if the moon is shining brightly or there is a streetlamp
illuminating the event?
o Then nighttime is not appreciable.
When is nighttime absorbed by treachery?
o If it is part of the treacherous means to insure execution of the
crime. Otherwise, it is separately appreciated.
What determines if the crime was committed in an uninhabited
place (despoblado)?
o It is not the distance, but the possibility or impossibility of

done
How will this aggravating circumstance of place of worship (and

immediate aid to be obtained.

the like) apply?

o There must be intent from the outset to commit the crime inside
the place of worship.

Here, the accused did not intend to

commit the crime inside the church (she did not expect the man
to touch her thigh).

Art. 14(6) night time, uninhabited place, or by a band

If

all

three

are

present,

are

these

separate

possible for the victim to receive aid.

Ex. The distance is not so great, but one has to climb up a hill

to reach the house to render aid. There is despoblado.

What is the burden of the prosecution?
o Prosecution must prove that the accused chose

the

remoteness of the place to aid the commission of the crime, or

aggravating

circumstances or only one?

o General rule: only one applies.
o Exception: These may be considered separate and distinct if

their elements are distinctly perceived and can subsist

The more important

consideration is if the commission of the crime makes it

independently of each other, revealing greater perversity.

What are the tests of night time?

31

to conceal the commission of the crime.

When is there a band?
o More than three armed malefactors (at least four).
o Must all of them be armed?

Yes.
What is the test for armament?

Any weapon which, by reason of its intrinsic nature or purpose,

is capable of inflicting serious or fatal injuries.

What is the character of participation of the four malefactors?
o The four armed persons contemplated in the law must be

cannot refer to acts of men

Distinguish from Art. 14(12):
o That refers to means of committing the crime. This provision

principals by direct participation for band to be considered.

refers to crime committed on the occasion of calamity or

They must act together in the execution of the crime.

There were four accused, and it was alleged that they composed a

misfortune.
Art. 14(8) with aid of armed men

band, in the information. Two were acquitted. Is there crime by a

band?
o Band is still subsistent even if two were acquitted.
o DISSENT: No band.
What is the characteristic of crime by a band?
o Merely generic. (Ex. robbery with rape, robbery with homicide,

physical injuries, etc.) This means that this can be offset by a

generic MC.
Contrast: Art. 266-B if rape is committed by 2 or more

generic aggravating circumstance?

o Only Article 294, pars. 3 to 5. This is robbery with violation
against persons.
Recall:

Par 1: with homicide band is aggravating

Par 2: with rape, intentional mutilation, and lesiones

graves resulting into blindness, impotency, imbecility,

them when the crime was committed

The armed men are accomplices who take part in a minor capacity,
directly or indirectly.
What if there is a conspiracy with the armed men?
o There should not be any conspiracy or the armed men must

Band

Armed men

All are principals

Accomplices

At least 4 armed men

Number immaterial

At least two persons

Crimes not specified

Crimes not specified

Crimes are for gain

Art 14(9, 10) recidivism, reiteracion

or insanity aggravating
Par 3 to 5: other kinds of robbery with violence

against persons band is qualifying

Art. 14(7) calamity or misfortune

crime directly or indirectly

2. Accused availed himself of aid of such men or relied upon

not be principals.

aggravating circumstance).
When is crime by a band a qualifying circumstance, and not just a

Requisites for aid of armed men?

o 1. Armed men or persons took part in the commission of the
o

persons, the offender is sentenced from RP to death (special

These must be similar to the abovementioned, so it

To what situations does this apply to?

o Conflagration, shipwreck, earthquake, epidemic
o And other calamities and misfortunes

32

What are the different forms of habituality?

o 1. Recidivism
o 2. Reiteracion
o 3. Habitual delinquency
o 4. Quasi-recidivism
Who is a recidivist?
o Elements:

Organized
syndicate

crime

1. During trial for one crime

2. Has been previously convicted

3. By final judgment

4. Of another crime under the same title in the RPC

Important things to note:

At least two convictions one preceding the other,

What is habitual delinquency?

o Elements:

1. Within a period of 10 years from date of release or

and the preceding one must have final judgment

already
Both offenses must fall under the same title in the

an additional penalty (not just increase) which

escalates with the number of convictions. Thus there
will be two penalties: for the crime and for the habitual

crime
What is the nature of recidivism?
o Generic aggravating circumstance
What is reiteracion?
o Elements:

1. The offender has previously been punished (has

less serious physical injuries (FRETSeL)

3. Found guilty of said crimes a third time or oftener

What is the nature of habitual delinquency?

It is special aggravating circumstance, which imposes

RPC

No specific period between convictions required

What if the first offense is pardoned?

Still a recidivist because only the effects of the crime

were extinguished by pardon, not the existence of the

Previous conviction by final judgment

Previous service of sentence

Under same title of the RPC

No need to be under same title

No requirement as to penalty in prior

conviction

One crime or greater penalty or at

least two crimes of lesser penalty

cannot

be offset

by

mitigating

circumstances
Important things:

At least 2 convictions

The third conviction must be within 10 years from the

The 10 year period is counted

from the date of release if he had been released when

o

penalty;

3. Or two or more prior offenses with lighter penalty

Do they have to fall under the same title of the code?

No.
Reiteracion

delinquency.
As such, this

second conviction.

served sentence)
2. First offense must have had a greater or equal

Recidivism

last conviction
2. For falsification, robbery, estafa, theft, serious or

against convicted.
Can one be a recidivist and a habitual offender at the same
time?

Yes, if he is convicted a third time for crimes of estafa,

robbery, or theft which are within Title X of the RPC,
or for serious and less serious physical injuries which

are both within Title VIII of the RPC.

What is quasi-recividism?
o Elements:

1. Offender previously convicted by final judgment

2. Before beginning to serve such sentence, or while

o

33

serving it, he commits a felony

What is the nature of quasi-recividism?

It is a special aggravating circumstance which must

conduct/circumstances show he is unworthy of pardon

Art 14(11) price, reward, or promise

What must be given as price, reward, or promise?

o Need not be money.
When does this aggravating circumstance apply?
o But the inducement MUST be the primary consideration by the

principal by direct participation.

If the offer is accepted, does the AC apply to both offeror and

crime and that he clung to that determination.

3. Lapse of time between the determination and decision to

carry it out.
What is the essence of this aggravating circumstance?
o Precedence of cool thought and reflection
How much time must elapse?
o The law does not give a formula. Each case must be resolved
on the extent of each factual circumstance.
P v. Beltran: There was only a lapse of two hours from the
crime.
Was there evident premeditation when one wanted to kill X
but he killed Y instead?

No. Because he did not intend to kill the other guy.

But if one decided to kill any Ilocano or anybody he

to injury or death of any person, it is an aggravating

of explosives
N.B. contrast this with illegally possessed firearms, which only

generic

determination to commit the crime

2. Overt act by accused showing he determined to commit the

acquired, or possessed explosives aggravate?

o If used to commit ANY of the crimes in the RPC and it results

becoming

decision to commit the crime and the actual commission of the

Take note of COMADRE and MALNGAN (very important cases)

Under RA 8294, when does the use of unlawfully manufactured,

cease

Art 14(12) explosives, poison, fire, etc.

circumstance
Except in furtherance of political crimes, which absorbs the use

circumstances

What are the elements of evident premeditation?

o 1. Proof of time when the accused came up with the

offeree?
o YES. Both of them.

these

Art 14(13) evident premeditation

felony committed
What if during service of first conviction, he reaches 70
after 70?

He is pardoned, unless he is a habitual criminal or his

do

aggravating circumstances?
o 1. When it is a crime in itself
o 2. When it is a means included in defining a crime

be alleged in the information

Cannot be offset by ordinary mitigating circumstances

Effect:

Penalize convict with maximum period for the new

years old or he completes service of the first conviction

When

encounters and he does, this AC applies.

So the test is what the initial plan was (whether it
involved a specific person or group) and whether the

aggravates murder or homicide

34

execution matched the plan.

When is evident premeditation inherent?
o Evident premeditation is inherent in every specific intent felony.
o Examples:

Kidnapping

Robbery

Estafa (intent to gain)

Piracy in Phil. Waters

When is there evident premeditation in robbery with homicide, and

when is there none?

o If in addition to the crime of robbery, the accused intended to
o

kill a person, evident premeditation is aggravating.

If he had no plan to kill a person, but he ends up killing a

decide to commit it, there may be evident premeditation if the

on their decision to commit a felony.
Differentiate:

1. instant conspiracy: has no evident premeditation

2. non-instant conspiracy: time to reflect

superior strength?

Generally, abuse of superior strength is absorbed by

treachery. Abuse of superior strength then loses its

Art. 14(14) craft, fraud, or disguise

than the wife.

What happens when an aggravating circumstance is absorbed by
another?
o It loses its juridical existence.
o What is the relationship between treachery and abuse of

conspiracy allowed the conspirators to ponder upon and reflect

Distinguish:
o 1. Craft cunning or intellectual trickery to carry out the evil

Art 14(16) treachery

For treachery to exist either as a generic aggravating or qualifying

circumstance, what two conditions must apply?
o 1. Employment or means, manner, or method of execution that
would ensure the safety of the offender from any defense or

accused induced the victim to take them where the cows they
supposedly wanted to buy are found. But they ended up killing the

retaliation of the offended party

2. Deliberate act of the offender or conscious choice of the
means, manner, or method of execution

Shown through a) prior conduct of the offender; b)

HELD: Aggravated by craft. Used intellectual trickery.

Art 14(15) superior strength

juridical existence
Can superior strength in this case offset a mitigating
circumstance?

No because it already lost its juridical existence.

design
o 2. Fraud deceit, insidious words and machinations
o 3. Disguise concealment of identity
What is the relationship of these with treachery?
o Treachery absorbs these.
Craft and fraud may be aggravating in robbery with homicide, where the

victim.
o

Only one was armed. Does superior

strength apply?
o Yes, still superior strength, because the victim was unarmed.
Does superior strength apply in parricide?
o No, do not consider abuse of superior strength in parricide. It
is generally accepted that the husband is physically stronger

premeditation.
Does evident premeditation apply to conspiracy?
o If two or more persons conspire to commit a crime, and they

means of defense available to the offended party

Four accused were armed with a knife. One killed the victim, but
there was conspiracy.

person in the house who put up resistance, there is no evident

Offenders intentionally employ disproportionate force to the

relationship of the parties; c) nature of the killing

When is there superior strength?

35

May treachery be considered in carnapping with killing of a

person?
o No. Treachery is not aggravating in qualified carnapping.

Carnapping is a crime against property, so treachery is NOT

o

those preceded by heated altercation, are NOT treacherous

May treachery be considered if the wrongful act done be different
from that intended by the offender?
o Treachery is present even if the victim killed is different the one

aggravating. (As held in a case)

Is this still true today?

NOT ANYMORE. Take note of P. v. ESCOTE (see

intended to be killed (because what only matters is the means

discussion below), which appreciated treachery in

robbery with homicide.

divided whether treachery can apply to robbery with homicide.

means/method that matters.

What is the nature of killing by poisoning?
o Treachery is inherent in killing by poisoning. If the offender

Those who say no say that it cant apply because robbery with

poisoned the victim, treachery is inherent.

homicide, which is a crime against property.

But here, J. Callejo decided to cite Spanish SC decisions,

Art 14(17) ignominy

stating that treachery may aggravate the homicide part of that

o

special complex crime. So treachery applies.

Why not qualifying?

The crime of robbery with homicide is a unique crime

Homicide is always used as a generic term, even if

the second component is actually murder.

And even if the homicide was actually just out of

and tends to make the crime more humiliating

Examples of ignominy:
o 1. The accused lighted a cigarette on the pubic area of the
o

victim which caused blisters.

2. When the accused focused his flashlight on the genitals of
the offended party, and he examined it before he raped her in

negligence, it can still be robbery with homicide.

Is treachery qualifying in special complex crime of kidnapping with
murder?
o Yes. If the victim of kidnapping is killed with treachery, it is a

What is ignominy?
o Circumstance pertaining to a moral order which adds disgrace
or obloquy to the material injury caused to the offended party

in the sense that there can be no robbery with murder.

of killing).
Treachery may be present in aberratio ictus or error in
personae, again because it is not the intent but the

P v. Escote
o Take note that before this case, the SC has always been

Chance attacks or crimes done in the spur of the moment, or

special complex crime of kidnapping with murder.

o So treachery can apply, under the Escote rule.
Does suddenness of attack per se prove treachery?
o No, Mere suddenness of the attack does not by itself suggest

front of her father.

o 3. Raped victim before her betrothed
o 4. Asking her to present her full nakedness before raping her
In the Bacule and Sailan cases, where respectively, the rapist tied a
banana fiber around his penis before the rape, or when the rapist
raped the victim dog-style, there was ignominy.
apply?

treachery, unless the offender used the suddenness of the

attack as means or method to ensure success of strike.

36

Does this still

No, these must be modified. Art. 266-A of RPC: Decisions in

Bacule and Sailan are now amended. These are now acts of

the wrong committed by him by causing another wrong not

sexual assault.
The accused after killing the victim cut off the left leg and took the

necessary for its commission, or inhumanly increasing the

flesh from the legs and shoulders of the victim. Is this ignominy?
o No, because the victim was already dead.

Art 14(18-19) unlawful entry or breaking in

purpose
o Must be for purposes of entry and not escape
When is it inherent?
o 1. Trespass
o 2. Robbery with force upon things

But supposing for this

as an aggravating circumstance analogous to cruelty?

o No. Notwithstanding how many people he killed, there is no
o

aggravating circumstance.
The reason is simple: it is not among those listed in Art. 14.

Special laws relating to aggravating circumstances

exempt from liability

So if he assists, then the minor is completely exempt from

R.A. 9165

Supposing the accused was under the influence of drugs and then
he killed a person, may the killing by that person under the

legal age.
When is use of motorized means of conveyance aggravating?
o When the motor vehicle was purposely used to facilitate the

influence of drugs be considered an aggravating circumstance in

the commission of the crime?
o Yes. Under R.A. 9165, sec. 25 notwithstanding provisions of

commission of the offense

Not when used to escape

law to the contrary, the positive finding for drugs shall be

considered an aggravating circumstance.

Art 14(21) Cruelty

savored the act, can be cruelty

There can be no crime of robbery with multiple homicide,
reason of robbery, two are killed, can we not consider the 2nd killing

liability
But the same is still an aggravating circumstance for the offender of

unnecessary pain, not number of wounds.

Ex. 20 wounds inflicted rapidly is usually not cruelty
Ex. 20 wounds excruciatingly inflicted, where the person

regardless of the number of victims.

Is the minor himself liable?

o No. Remember RA 9344 a minor under 15 is absolutely
o

suffering of the victim, slowly and gradually

Does the number of wounds per se determine cruelty?
o No. It is the deliberate act of committing the crime to cause
o
o

When is there unlawful entry?

o When an entrance is through a way not intended for such

Art 14(20) with aid of minors under 15 years of age/motor vehicles

Whether the accused deliberately and despicably augmented

R.A. 8294

What is cruelty?
o Unnecessary physical pain in the commission of the crime
What is the test?

P v. Comadre Justice Tinga said that 8294 amended Art 14(12),

because usage of illegally possessed firearms becomes an aggravating
circumstance.

Tinga: if the person is in lawful possession of the

explosives, then he uses it, it is QUALIFYING to murder.

37

Dissent of Callejo:
o Its absurd! If illegally possessed only aggravating. If legally
o

possess firearm, but the guard does not. The security guard used

possessed qualified to murder! This is unjust.

Use of an unlicensed explosive is AGGRAVATING. Because it

the gun to commit murder. Is it AC?

o Yes, it is. Even if the employer was licensed but the guard had

says any crime in the RPC. So that should include murder. It

no license to possess that firearm, then RA 8294 applies.

An accused committed double murder (complex crime). He used

shouldnt be qualifying.
If unlicensed firearm is used to commit murder or homicide, it is merely

an unlicensed firearm. Is it special AC?

o It should be. The law does not distinguish whether it is simple

an aggravating circumstance.
But what kind? Is it generic or special AC?
o It is a special AC, not merely generic. So there can be no
Does

offset.
illegal possession

aggravate

attempted

homicide or murder?
o No.
The law says homicide or murder.

or

or complex. But there is no case yet.

RA 8353

frustrated

ignominy. Is this still applicable??

o Not anymore. In RA 8353, it is a SPECIAL QUALIFYING

the AC does not apply.

Under 8294, if one uses an unlicensed firearm to commit a crime other

than homicide or murder, then the use of the unlicensed arm is neither a

separate crime nor an AC. BUT that person must be convicted for that
other crime, before the usage of an unlicensed firearm can be

When the accused raped the victim in the presence of her parents
and husband, there was aggravating circumstance of adding

It must be

consummated. If the crime is merely attempted or frustrated,

There is security guard of an agency. The agency has license to

considered as either a separate crime or an AC.

Does illegal possession of unlicensed firearm aggravate robbery

circumstance. (under the enumeration)

R.A. 8353 is found in Art. 266-B of the RPC. The crime of simple rape
becomes qualified becomes penalty of RP to death.
Did R.A. 8353 amend Art 14 of the RPC?
o Not really.
o In Art 266-B, the use of a deadly weapon to commit rape is a
special qualifying circumstance which increases the penalty
from RP to RP/death. It is not an AC under Art. 14, but under

with homicide?
o No. The law is clear: only murder or homicide. (Although there

Art. 266-B and 266-C of the RPC.

are SC decisions to the contrary.)

Do the words homicide and murder include parricide and

Art. 15: alternative circumstances

infanticide? Or should it be read strictly?

o P v. Mendoza murder is used in its generic term. It therefore
o

What are alternative circumstances?

o Either aggravating or mitigating according to the nature and
effects of the crime and other conditions attending its

include parricide or infanticide, as the case may be.

But one can argue that since the law only mentions these two

crimes, under pro reo, then it must be construed in favor of the

victim.

38

commission
Only considered when they influence the commission of the

crime
What are the three alternative circumstances?
o 1. Relationship

o 2. Intoxication
o 3. Degree of instruction/education of offender
What is the scope of relationship under Article 15?
o Spouse
o Ascendant, descendant
o Legitimate, natural, adopted siblings
o Relative by affinity in same degrees
o What if the relationship is just between step-parent and

stepchild?

The relationship between step father and step son is

subject to AC of relationship.
BUT relationship between step grandniece and step
grandfather

is

not

one

of

the

relationships

contemplated in Art. 15 of the RPC, as with similar

o

shall not be deemed an AC, regardless of the crime.

When is relationship aggravating and when is it mitigating?
o Relationship is aggravating in crimes against chastity, whether
offender is of higher or lower degree relative
o Relationship is mitigating in crimes against property
When is intoxication mitigating?
o If not habitual, or not pursuant to planning a felony, and
o

akin to that to an ascendant and descendant and is

examples.
What about first cousins?

When the accused and victim are first cousins,

relationship is NOT aggravating.

What about uncle and nephew?

No. Uncle and nephew/niece not covered.

Is relationship an AC in rape?
o Yes.
o Relationship is aggravating in crimes against chastity, including
o

affected mental faculties

It is aggravating if there is habitualness or intentional

intoxication
What is the rule on education?
o Low education may be mitigating but never aggravating
o High education may be aggravating but never mitigating
o When is the high education of a person aggravating?

When his education puts him in better position than

the ordinary offenders. Ex. estafa by a lawyer
When is education ignored?
o 1. If the crime is basically wrong like parricide, murder, rape, or
robbery, it is immaterial whether the offender is schooled or

In crimes where the imposable penalty is death, relationship

not.
2. Education has already been considered by the provision
such as abortion conducted by a physician.

rape.
While rape is now a crime against persons, it does not lose its

PERSONS CRIMINALLY LIABLE

nature as a crime against chastity, because for rape to be

committed there must be lewd design. Thus, relationship is still
o

8353.

an AC in rape.
What is the effect of father-daughter relationship in rape?

Its now a special aggravating circumstance under RA

May a private corporation, partnership, or association or other

juridical entity be criminally liable?
o The general rule is that corporations are not criminally liable

No need to resort to relationship as an

alternative circumstance.
What if the imposable penalty becomes death?

because there is no criminal intent.

Except: when the law provides that officers or employees are
liable.

39

Can both the employer and employee be liable as

principals by direct participation?

Yes, when the employee performed consciously

have to commit an overt act in the execution of the planned

participated in the acts (ex. illegal recruitment). He

conspiracy?
o Enough to be held as co-principal through conspiracy, as long

must know of the illegality and still further the act.

Trust Receipts Law P.D. 115 when violated by corporation,

as there is involvement in the planning and commission.

What should the overt act consist of for principals by direct

partnership, or association: penalty is imposed on responsible

officers
o Labor Code ex. illegal recruitment (39-D) same penalty
Who are liable?
o 1. Grave and less grave offenses: principals, accomplices,
o

accessories
2. Light offenses: principals and accomplies

When do these provisions apply?

o These provisions only apply when two or more people are

acting criminally. Otherwise, its just the principal.

When may a person be criminally liable as principal by direct

out. When there is no criminal participation, there is no liability.

o But see the exceptions for masterminds and PDIs.
Can someone not be in the scene of the crime and still be a
principal?
o Yes. For example, there is conspiracy and one is on look-out

participation?
o Participation in criminal execution
o Carrying out the plan and directly participating in the execution

N.B. There must be conspiracy, under this usual

o

participation?
o 1. Active participation
o 2. Or giving moral assistance to the other conspirators

Mere presence

Exercising moral ascendancy

What is the general rule as to non-appearance?
o Deemed a desistance which is favored. Mere participation in a
conspiracy is not a crime, because there is no act yet to carry it

Art. 17: principals

How about the mastermind? For him to be a principal, does he

definition
But can there be principals by direct participation without

duty for policemen.

For as long as the conspirators perform specific acts that were

coordinated pursuant to the conspiracy.

X, Y, and Z conspired to kill V. All three stabbed V. Is it a complex
crime?
o No. There is only one crime of homicide, as there is only one

conspiracy?

Yes: the usual example of two people attacking a

victim. The number of crimes committed does not depend on

cocky guy in a bar with prior planning. The victim died

due to two bullets, one from each gun. There is no

the number of co-conspirators.

If rape was committed by 2 or more persons, what happens?
o Commission of rape by two or more persons is a qualifying

conspiracy here, but both are liable as principals by

direct participation.

circumstance that requires imposition of RP/death.

Ex. The husband raped the victim, while the wife of the
accused held back the arms of the victim.

40

HELD: The husband was guilty of rape by direct

participation,

and

the

wife

was

principal

different crimes?
o Yes.
o Ex. The private individual is liable for delivery of prisoners,

description?
o He is generally liable as an accomplice.
What if the person merely made carless remarks not meant to be

conspirator killed the victim.

Is it possible that one is liable only for robbery but not

obeyed?
o He is neither a PDI nor an accomplice. He is not criminally

For instance, one prevented the other

from stabbing the victim

What about robbery with rape?

All the accused will be liable for the rape committed by

one of them, unless one proves that he endeavored to

o

prevent the person from doing so.

For these cases, one must perform an OVERT act to prevent

liable.
When does one become a principal by indispensable cooperation?
o Direct participation in the criminal design by another act without
which the crime could not have been committed.
What is the main distinction between the PDP and principal by
indispensable cooperation?
o For the PIC, he must perform an act different from the overt act

the commission of the other crime. Mere silence or running

the crime by material execution

What is required for use of words, to become a PDI?
o Must have actually moved the hands of the principal by direct

moral ascendancy over the PDP.

Does the PDI need to be in the scene of the crime?
o No. His inducement is enough.
What if the person inducing did not qualify in the above

robbery with homicide?

Yes, if one desisted before the homicide was

commission of the crime

2. Inducement is the determining cause of the commission of

obey the command. This especially applies when the PDI has

while the escaped convict is liable for evasion of sentence.

Ex. X and Y killed Xs wife. Y is liable for homicide. X is liable

committed.

participation, the latter of which has no other recourse but to

for parricide.
What is the rule for Robbery with homicide?
o General rule: the act of one is act of all, even if only one coo

1. Inducement made directly with intent of procuring the

by

indispensable cooperation.
Is it possible that two persons are conspirators but are liable for

away is not enough disavowal.

How does one become a principal by direct inducement?
o 1. Directly forcing another to commit a crime

Using irresistible force

Causing uncontrollable fear

o 2. Direct inducing another to commit a crime

Giving price, reward, or promise

Using words of command

What are the requisites to become a PDI?

of the PDP; otherwise, he also becomes a PDP.

Must the PIC be present during the planning stage of the
conspiracy?
o No. He may become a principal at the moment of execution of
the crime with the other principals. It can arise from implied

41

conspiracy.
What is the rule in case of doubt?
o The liability of the PIC is merely as that of an accomplice.
Is it possible that the PIC commits a crime different from the PDP?

Yes. An example is malversation through falsification of public

documents committed by a public officer in conspiracy with a
private individual.

The private individual may be liable for

malversation.
Can the PDPs acts be by dolo and the PIC, by culpa?
o Yes. Ex. There was a bank employee with two friends. The
friends made the employee believe that a bank document was
genuine, which was approved by the employee without needed
diligence. The crime of the PIC is estafa through falsification of
commercial document, by culpa.

Art. 18: accomplices

The crime is performed by the PDP, while the accomplice is

merely an instrument of the conspirators not members of the
conspiracy.
May one be charged and convicted as accomplice or accessory
even before principal charged or convicted? Or should the PDP
first be convicted before accomplice and accessory be charged or
convicted? What are their corresponding liabilities?
o As long as commission of the crime can be proven beyond
reasonable doubt, determination of criminal responsibility of
accessory may be determined independently of and separately
from liability of the PDP.
o If the case against PDP is dismissed, the case against
accomplice or accessory must also be dismissed because the
liability of the latter is subordinate to that of the PDP.
o But the dismissal of the case against the latter does not
necessarily result in dismissal of the case against the PDP.
o

What are the acts of accomplices?

o Prior or simultaneous acts not indispensable for the
commission of the crime, and not overt acts for commission
thereof.
What are the requisites to be liable as an accomplice?
o 1. Offender took part in the execution of the crime by previous
or simultaneous acts
o 2. He intended to take part in the commission of the crime
At what point must the accomplice acquire knowledge of the
commission of the crime by the PDP?
o After the PDP has reached a decision to commit a crime. The
accomplice does not decide the commission of a crime. He
just agrees after the criminal resolution is accomplished.
o If he was part of the decision to commit the crime in
conspiracy, he becomes a principal.
o Likewise, if he commits an act of execution, he also becomes a
PDP.
Contrast a conspirator from an accomplice:
o Both the conspirator and accomplice know of the crime and
agree with the criminal resolution. The conspirators decide,
and the accomplices merely concur and cooperate.

Art. 19: accessories

42

Who is an accessory?
o One must have knowledge of the commission of the felony, and
he participates after the commission by any of the acts
enumerated in Art. 19. His participation must not be that of a
principal or accomplice.
What are the requisites to become an accessory?
o 1. Knowledge of the commission of the crime
o 2. Without participating therein
o 3. Perform any of the following acts (see below).
What are the three acts of accessories in Article 19?
o 1. By profiting themselves or assisting the offender to profit by
the effects of the crime
o 2. By concealing or destroying the body of the crime (corpus
delicti), or the effects or instruments thereof, in order to prevent
its discovery
o 3. By harboring, concealing, or assisting in the escape of the
principal, and

A. the accessory acts with abuse of public functions

OR

B. the accessory is a private individual, and the author

of the crime is guilty of:

i. treason,

ii. murder,

iii. parricide,

iv. or attempt to take life of the Chief

Executive,

v. or is known to be habitually guilty of

some other crime
When does the accessory participate?
o His participation comes after the commission of the crime.
Does mere silence make one liable for the crime as an accessory?
o No. It is not a crime to remain silent.
What is the corpus delicti or body of crime that must be
concealed or destroyed under par. 2?
o Body or substance of the crime, or the actual commission by
someone of the particular crime charged. It is either:

1. Proof of occurrence of a certain event

2. Some persons criminal responsiiblity

X, a policeman, witnessed the killing of V by K. X failed to arrest K
and even told K not to tell the other policemen. Is X an accessory?
o Yes, under art. 19(3). It was the duty of the policeman to arrest
the culprit and not to conceal the commission of the crime by
silence or misleading statements. By his acts, he abused his
public position.
What is PD 1612 (Anti-Fencing Law)?
o One who acquires stolen property is criminally liable as an
accessory under Art. 19 or as a principal for fencing under PD
1612. Prosecution has the option.
When does one become a principal for fencing requisites?
o 1. The crime of robbery or theft must be committed, and
accused did not participate in the commission thereof.

2. The accused then acquires the proceeds of the robbery or

theft, and he has actual knowledge thereof or he should have
known the subject is from such acts
o 3. Intent to acquire
What is the special rule P.D. 532 (piracy, highway robbery and
brigandage)?
o Any person who directly or indirectly abets the commission of
piracy or highway robbery/brigandage is not just an accessory
he is an accomplice to the principal of the crime.
o The person who profits from the loot is charged with Abetting
Brigandage and is charged as an accomplice (not just an
accessory)
o

Art. 20: accessories exempt from liability

43

Who are the accessories exempt from liability?

o Those who are accessories vis--vis spouses, ascendants,
descendants, legitimate/natural/adopted brothers and sisters,
or relatives by affinity of the same degree
o When does it not apply?

To paragraph 1 (profiting from the crime)

o [N.B. this listing is limited (not up to 4th degree of
consanguinity) and is the same scope as the alternative
circumstance of relationship]
X killed Y. X told his sister S to hide the body of Y. X and S buried
Y. What is the liability of S?
o S is exempt under Art. 20. The basis of the exemption is ties of
blood between the PDP and accessory.
What if a policeman furnishes the means for his brother to escape
with abuse of public position? Is he exempt?
o He is. Blood-ties are more powerful than call of duty.
Moreover, the law does not distinguish between private citizens
and public officers.
What is PD 1829 or Obstruction of Justice?
o Those who assist the principal to escape may be prosecuted
under PD 1829 as a principal for obstruction of justice. When

convicted, the penalty imposed is the higher penalty between

PD 1829 and any other law, including the RPC.
What are the acts amounting to Obstruction of Justice?
o [preventing]
o 1. Preventing witnesses from testifying
o 2. Harboring or concealing the offender
o 3. Obstruction of service of court processes/orders or
disturbing proceedings in fiscal or Court
o 4. Solicitation or acceptance of benefit to desist in prosecution
o 5. Using threats to prevent a person from appearing in
proceedings
o [misleading]
o 1. Altering or suppressing evidence
o 2.using fictitious name to conceal crime or evade prosecution
o 3. Making or presenting false evidence
o 4. Giving false or misleading information to law enforcement
agents
Does PD 1829 provide the same exceptions as Art. 20?
o No.

retroact to entitle the offender to RP?

o Yes. Penal laws retroact in so far as they favor a person guilty

of a felony, as long as he is not a habitual delinquent

Even when there is already a final judgment
Does this apply even to SPLs?

Yes.
What is the retroactive application of RA 9344?
o Any pending cases involving children below
o
o

15

are

automatically dismissed and referred to appropriate diversion

o

programs
Those already serving sentence are reassessed/reclassified

under the new benevolent features of the law

If the minor is no longer entitled to suspension of sentence (Ex.
reached 18 years old) and the court resolves to impose the

PENALTIES

May the favorable provisions of RA 7659 (Abolishing the DP)

Offended party and accused agreed to fight; one lost. He filed for a
complaint for physical injuries. Does the pari delicto doctrine
apply?
o No. It does not apply to criminal cases. In fact, two people can
agree to duel, and if one dies, the offender may be charged
under the RPC.
Does estoppel apply to criminal cases?
o No. The offended party is the State. Private individual who
sustained the damage is merely the witness to the crime.

sentence, he can still apply for probation

What if a penal law is repealed?
o Then the court has no more jurisdiction to hear the case
o The offense never existed and the person who committed it
never did so.
Exceptions?

1. Saving clause

2. The repealing act reenacts the former statute

What is the effect of RA 8353 on Articles 23 and 344 which provide
o

for pardon by the offended party?

o Rape and sexual assault are now crimes against persons.
o Thus, criminal action can only be commenced by information
o

Can there be imprisonment at the discretion of the court?

o No. It must be according to limits imposed by law.
Did the SC circular giving preference to fines over imprisonment

filed by public prosecutor, and not the private offended party.

If a crime is public, private individual cannot pardon the crime
or compromise it, unless provided by law. In a criminal action,
it is the State that is the offended party; the private individual is

for BP 22 and libel violations amend the law?

o No. There was no abolishment of the penalty of imprisonment.

44

just a witness.
Exception: RA 8353 marriage of offender and rape victim

Shall extinguish criminal action

If

already

convicted,

penalty

imposed

will

be

extinguished
Note, however, that a husband can be convicted for

for the death penalty, which has been abolished. It benefits

rape or sexual assault against his wife.

Criminal liability may only be extinguished by law or the grounds in Art.

A public officer is charged with RA 3019. He returns the

money. Will his liability be extinguished?

No. It will not exonerate him from criminal liability, but

o
o

amended by RA 9344.
3. Preventive suspension from employment or public office
4. Fines and other corrective measures imposed by superior

cases against public officers and employees (imposed

by superiors)
Correlate the above enumeration with RA 6975, par. 4:
o If police officer or employee is charged for a crime in a valid
information, he may be suspended during pendency of the
case.

now both RP.

Kidnapping (RP to death) and Kidnapping with
Homicide or Rape (mandatory death) are now both

to insanity or imbecility
2. Commitment of a minor in institutions

Art. 80 was already repealed by PD 1603 and

officials on subordinates

Refers to administrative sanctions in administrative

from death to RP.

3. It equalized the penalties of certain offenses which used to
be graduated. Examples:

Piracy (RP) and qualified piracy (RP to death) are

will extinguish his civil liability. P v. Sandiganbayan

What are not considered as penalties?
o 1. Arrest and temporary detention of accused, or detention due
o

even habitual delinquents.

2. It does not affect RA 7659s provisions on how the crime is
committed; it just reduces the penalty imposed by RA 7659

89.
o

1. It retroactively benefited all those convicted and being tried

This is not a penalty, but just a means to facilitate

justice.
Correlate with RA 3019:
o When a public officer or employee is charged, he may be

RP.
Destructive arson (RP to death) and Arson with

homicide (mandatory death) are now both RP.

4. In graduation of offenses one or two degrees lower, take out

death from the scale as well.

5. It did not declassify the crimes as heinous.

Only the

penalty imposed is affected.

When is the duration of penalties computed from?
o 1. If the offender is in prison, from finality of judgment of
o

conviction
2. If not in prison, from placement at disposal of judicial

authorities to enforce penalty

3. Other penalties not involving imprisonment from day when

he commences to serve the sentence

When are detainees credited with the whole duration of preventive
imprisonment?
o 1. Full time, if the detention prisoner agrees to abide by the

suspended 90 days. This is not deemed a penalty.

What is the effect of RA 9346 abolishing the death penalty (and as

o
o

clarified by P v. Bon)?

45

same disciplinary rules as convicted prisoners

2. 4/5 time, if he does not agree to abide by the same rules
When is there no credit?

1. Recidivists

2. Those convicted at least 2 times of any crime

3. Upon summoned for execution of sentence, they

failed to surrender voluntarily

What if the period of preventive imprisonment has

maximum penalty imposable?

Habeas corpus
What if the convict is sentenced

to

RP

or

life

DQ?
o
o
o

1. Deprivation of public office even if elected

2. Deprivation of right to vote or right to be elected
3. DQ for offices or public employments and for exercise of any

rights mentioned
4. Loss of all rights of retirement pay or pension for former

imposed by the RPC.

Life imprisonment has no fixed duration, no accessory

penalties, and is imposed by SPLs.

What is the dual nature of temporary disqualification and
suspension?
o As principal penalty

Temporary DQ: 6 years and 1 day to 12 years

Suspension: 6 months and 1 day to 6 years

o As accessory penalty:

Follow principal penalty

Can a lesser offense absorb a graver offense?
o Yes. Examples are rebellion (RT) absorbing murder (RP) when
committed in furtherance of the former. Forcible abduction (RT)

office
What is the difference between perpetual and temporary?

In temporary, #2 and #3 only lasts until term of

sentence
What is the effect of perpetual or temporary special DQ?
o 1. Deprivation of office, employment, profession, or calling
o

similar functions during suspension

Is RP the same as life imprisonment?
o No. RP has a fixed duration and accessory penalties, and is
o

imprisonment?

He is still entitled to the benefits of this provision.

What is the effect of penalty of perpetual or temporary absolute

office (perpetual or temporary)

What is the effect of penalty of suspension from public office,
profession, calling, or right to suffrage?
o These apply during term of sentence
o And if suspended from public office, cannot hold an office with

exceeded the maximum penalty allowed?

Immediately release, but continue with trial or appeal

If its destierro, the maximum period is 30 days

preventive imprisonment
What is the remedy when the person has reached the

Deprivation of right to vote or be elected for public

affected
2. DQ for holding similar offices or employments

How long does #2 it last?

If perpetual, forever

If temporary, during term of sentence

What about perpetual or temporary special DQ for the

absorbs illegal detention of a woman (RP).

What is the nature of Reclusion Perpetua?
o RP is an indivisible penalty.
o There is no minimum, medium, or maximum period.
o It is not affected by mitigating or aggravating circumstances.
o So why does RA 7659 fix the duration at 20 years and 1
day to 40 years?

In order to avoid a lacuna because RT caps out at 20

years. The provisions discussing RP provide that at
30 years, the offender is entitled to parole, while
service of penalty is at maximum 40 years. Thus, the

exercise of the right to suffrage?

period for RP has become 20 years and 1 day to 40

46

years. (It would be absurd to set it at 30 years to 40

o

years, since there will be a gap.)

What is the minimum period of imprisonment for RP?

30 years, after which the offender will be eligible for

pardon by the Chief Executive.

punishable by maximum of RT. But for Art.

310, qualified theft, penalty is two degrees

(Although there is

higher penalty is death, it becomes RP, with

the offender beforehand.)

What is the number used in pegging the three fold rule

accessory penalties of death. This is also

the reason why he cannot be pardoned

Since that article provides that

when the culprit has to serve at least 2 penalties, the

more than 3-fold the length of time corresponding to

the most severe penalty.

What are the indivisible penalties?
o 1. RP
o 2. Perpetual absolute or special DQ
o 3. Public censure
What are the effects of indivisible penalties?
o Impose the penalty in its entirety

Even if there is a special aggravating or two

o

abolished.
When a penalty of fine is imposed, what is the order of payment of
pecuniary liabilities?
o Read in conjunction with Art. 38 (order of payment of pecuniary

mitigating, it will not be affected.

BUT if there is privileged mitigating circumstance, it may be

reduced by 1 or 2 degrees.
Exceptional situations:
o P.D. 818 Syndicated Estafa:

Maximum of crime is 30 years, which in connection

o

before 40 years have lapsed, instead of 30.

N.B. Note, however, that Boado believes that there is
no more such distinction now that the DP has been

maximum duration of the sentence should not be

higher. This is death.

But the rule under Art. 74 is that if the next

nothing preventing the Chief Executive from pardoning

for RP?

30 years as well.

Because under Art. 309 of the RPC, theft is

liabilities):

1. Reparation,

2. Indemnification,

3. Fine,

4. Cost of proceedings
To whom is the fine given?

Not given to the complainant; it is given to the State.

Can accused use its cash bail bond to pay his fine, if
convicted?

Yes. The law does not prohibit him from using his
cash bail bond to pay his fine. It is only meant to

with the accessory penalties shall be 30 years of RP

People v. Canales imposed 40 years of RP, with accessory

ensure his attendance during the process.

Conflict of provisions leading to confusing rulings, if the fine is exactly
200 pesos:
o In Article 9, P200 is a light penalty. In Article 26, P200 it is a

penalties pertaining to death, and cannot be pardoned until

after 40 years have passed.

How did the court reach this decision?

47

correctional penalty.
To harmonize:

When the issue is prescription of crime, apply Art. 9.

When the issue is prescription of penalty, apply Art.

Art. 39: subsidiary imprisonment

26.
What is preventive imprisonment for children in conflict with the

law under RA 9344, sec. 53?

o Any form of physical restraint imposed on a child in conflict with

penalized with a fine (either alone or in conjunction with

imprisonment), and because of insolvency, he cannot pay the

the law including his community service or commitment to a

rehabilitation center shall be considered as preventive
o

When is subsidiary imprisonment imposed?

o Subsidiary imprisonment can only be imposed if the accused is

imprisonment.
If the minor juvenile is imprisoned pending trial he shall be

fine.
How long is the subsidiary imprisonment?
o If penalty is PC/arresto + fine confined until the fine is

credited with the service of the sentence with the full time in
which the child was preventively imprisoned

Provided the child agrees with the rules and

regulations of the penal institution

If not, still entitled to 4/5ths of the time

Under Art. 104 of the RPC, the offender is civilly liable to the offended

party for restitution, damage, reparation, and indemnification for

consequential damages. The liability of the accused (under Art. 104)
covers civil liabilities or pecuniary liabilities. How about the penalty of

fine under Art. 38 of the RPC in relation to Art. 39?

o It is also a pecuniary liability of the accused, but it is a

for grave or less grave felonies

Must not exceed 15 days for light felonies

o If penalty is higher than PC, no subsidiary imprisonment
Can the convict be ordered to serve subsidiary imprisonment for
failure to pay pecuniary liabilities?
o No. The convict cannot be ordered to serve subsidiary

pecuniary penalty (and not a pecuniary liability), because it is a

satisfied under the conversion

Whichever is the least among:

1. 1/3 of his sentence term

2. 1 year

3. Quotient of fine divided by 8 pesos

If penalty is just a fine

Subsidiary imprisonment must not exceed 6 months

imprisonment for failure to pay pecuniary LIABILITY; but he

penalty under Art. 25 of the RPC.

o So it is still covered by the order of payment.
What is civil interdiction and what rights does it cover?
o Accessory penalty that attaches to RP and RT.
o Deprivation of the following rights

1. Parental authority

2. Guardian as to person/property of ward

3. Martial authority

4. Management of property

5. Disposition of property by acts inter vivos

So he can still make a last will and testament

o Cannot appoint an agent to fulfill these tasks

can serve for pecuniary PENALTY.

If he is not insolvent, but he does not want to pay the fine, can he
choose to go to jail instead?
o No. The accused has no choice but to pay the fine.
Will subsidiary imprisonment apply for SPLs?
o Yes. If the accused was convicted of a crime defined by SPL,
Art. 39 will still apply, taking into account Art. 10 of the RPC.

Ex: Violation of BP 22
Supposing he was convicted for possession of unlicensed firearm
and sentenced to prison term but he was insolvent. Subsidiary
imprisonment?

48

o Yes. Again, Article 39 is consistent with Art. 10.

Must there be an express statement in the dispositive portion

imposing subsidiary imprisonment?

o Yes. Subsidiary imprisonment is a penalty. There must be a
statement in the dispositive portion that if he is insolvent, he

must serve subsidiary imprisonment. Absent this specific order

in the dispositive portion, he cannot be compelled to serve this.

(Ramos v. Judge)
What is the financial standing of the culprit improves?
o He has to pay. Subsidiary personal liability does not relieve

standing improves.
When can there be no subsidiary imprisonment?
o If the penalty is higher than prision correccional, there can be

Who has the power to order forfeiture of the proceeds of the crime
and the instruments or tools used in the crime?
o Only the trial court which rendered conviction of the accused

no subsidiary imprisonment.
Toledo v. Superintendent, citing Bagtas v. Director of Prisons, supposing

the 6-year limit?

o Where this situation exists, the 6 year period limit shall be

based on the total duration of the penalties imposed by the

court based, after the joint trial, on the 3-fold rule under Art. 70

has no jurisdiction to order the forfeiture or destruction of such.

In case of bribery, the money used may be forfeited in favor of

the state.
What if the tool or instrument belongs to some other person?
o The tool or instrument MUST belong to the accused himself. If
it belongs to some other person and he has no involvement in

of the RPC. If the totality of the penalties exceed 6 years, no

subsidiary imprisonment shall not be imposed, even if the

penalty for each of the crimes is less than 6 years.

What are the accessory penalties?
o RP and RT:

Civil interdiction for life or during period of sentence as

may order this.

But before the court may do so, the tools or instruments must
be presented to the court as evidence. Otherwise, the court

decision that convicted him of all the charges. How do we determine

AM, Am:

Suspension from office

Suspension of right to suffrage during term of

Art. 45: forfeiture of the proceeds of the crime

the accused is charged with 2 or more offenses and there was 1

Suspension from public office

Suspension from right to follow profession or calling
Perpetual special DQ from right to suffrage

If imprisonment exceeds 18 months

sentence

him from the obligation to pay the fine in case his financial

PC:

the case may be

Perpetual absolute DQ

the crime, there can be no such declaration.

Does this provision apply to SPLs?
o Yes.
When may the court order destruction of the items?
o If the items are contraband.
What is the rule under the Dangerous Drugs Act?
o Those subject of the crime, including proceeds derived from
drug trafficking, and even money and assets acquired in

PM:

violation of RA 9165 deemed and ordered forfeited in favor of

Temporary absolute DQ
Perpetual absolute DQ from right to suffrage

the government, unless belonging to third persons without

involvement of the crime.

49

Exception to third person rule: if the items are beyond lawful

commerce still forfeited

Under Sec. 20 of the same law, the proceeds of the sale or
disposition of the property forfeited must be used to pay the

If under Art. 48, the maximum of the graver penalty is imposed, is it

a special aggravating circumstance?

o No.
What if the accused is entitled

circumstance, will it offset?

o No, unless it is a privileged mitigating circumstance.
Supposing one wants to kill another with treachery, but there was

expenses incurred in the proceedings including cost of the

proceedings
Art. 48: complex crimes

When is there a complex crime?

o Material Plurality when a single act constitutes two or more

crime), or when an offense is a necessary means to commit

When is there delito compuesto?

o Either dolo or culpa

Ex.: person was convicted for reckless imprudence

o
o

the RPC
If punishable under the RPC and an SPL, Art. 48 will not apply.

CRIME.
o Attempted murder + murder
The accused stabbed the victim with a bolo, and the bolo hit both

there was no intent to kill him.)

The accused forcibly insert his penis into the vagina of the woman

and she sustained Less SPI in her vagina. What is the crime?
o Complex crime of rape with LSPI
The accused stabbed his wife to death, and she was 6 months

The offender may be charged and convicted for both crimes,

mitigating

the crime?
o Complex crime of murder and SPI.
o (Note that as to the second person, it was just SPI because

Delito compuesto (first mode)

resulting into homicide and destruction of property

The felonies resulting from the single act must be felonies in

generic

the person and the person behind him. The target died. What is

the other (delito complejo complex crime proper)

What is the effect on the penalty?
o There is only one penalty, although there are multiple crimes
o The more serious crimes penalty is imposed in maximum
period

abberatio ictus?
o Then the crime committed by the accused is a COMPLEX

grave or less grave offenses (delito compuesto composite

to

pregnant at the time. What is the crime?

o Complex crime of parricide with unintentional abortion.
What is required for delito compuesto?
o The law is clear: a single act. But the SC sometimes applied
o

the single impulse test or the single criminal intent test.

Gamboa v. P, cited in P. v. Judge Pineda: there must be
singularity of the criminal act, not singularity of the criminal

separately without double jeopardy.

Ex. Estafa and illegal recruitment

Ex. Estafa and BP 22

Can Art. 48 apply if the constituent acts are less grave felony and

impulse.

light felony?
o No, light offenses are not included (see excerpt).

Because singularity of criminal purpose is NOT

written in Art. 48.

The SC applied single impulse test for the first time:
o X stole on the same occasion 13 cows. SC held: one crime of
theft even if there were 13 cows, applying single impulse test.

50

Y took two roosters on one occasion. SC held: one crime of

theft because it was in response to one criminal impulse.

In crimes against chastity, the SC adopted another test: single criminal

5 counts of rape even if it was in the same place, and

at the same night. Be forewarned that this might be

intent:
o X raped his niece at 10 am, and then again at 11 am at same

grassy area. One crime of rape, even though committed in

place, there were as many crimes of kidnapping as there were

criminal intent.
Y inserted private organ and raped the victim, but he was not
content; he also inserted his finger at the same place and at

special complex crimes, and not complex crimes under Art. 48

and 2 counts of sexual assault: same place, same occasion.

Z inserted his penis into the vagina of the victim and made

of the RPC.

organ, until he reached orgasm.

because he reached orgasm only once then he removed it.

W raped his niece once a day and inserted his finger once a

rape as the number of persons kidnapped and raped.

What is the test then?

Number of persons
Will you apply the single criminal intent or resolution test in mala
o

many crimes of rape and sexual assault equal to how many

times he inserted his organ and finger.

Reasoning: there could not be a single criminal intent

prohibita?
o No.

because each time he committed the crime, was on

Lim v. P: X issued 3 bouncing checks on the same

occasion. There are as many violations of BP 22 as there were

different days the accused was animated by

many checks. The criminal intent or resolution test does not

separate criminal intents on each occasion.

V raped the victim for first time is the pig pen, about 8 meters

from the house. Then brought her to the room and raped her

apply because it is mala prohibita.

What about falsification of documents? Must one apply the single
criminal intent or resolution test?
o X convicted of only one complex crime of estafa through

again. Then brought victim room of cousin, and raped again.

Brought her to kitchen, where he raped her again. There were

falsification of three postal money orders which she cashed in

separate criminal intents because he raped the victim in

o

Even if the homicide or rape is a mere

afterthought, this would be the crime.

If the victim of kidnapping got raped, how many crimes of
special complex crime of kidnapping and rape?

There are as many times of crimes of kidnapping and

Only one crime of rape,

day, for 16 successive days in different locations. Guilty of as

persons.
Kidnapping with homicide, K with murder, K with rape are all

the same occasion. The accused is guilty of one count of rape

several push and pull movements but without removing his

the new rule now (2010 decision).

What test will be applied for kidnapping? Single impulse or single
intent?
o Even if the persons were kidnapped on the same occasion and

intervals of one hour, because he was motivated by a single

o

NOTE, however: P v. Escoton: Convicted person for

on the same day. Since it was the same occasion, the acts

different places although the rapes were done successively.

What is the test then?

The place test

were considered as only one act of estafa through falsification

of commercial document.

51

Y falsified three money orders separately.

Here, each act

constitutes a separate crime, because Y was animated by

o

separate impulses, in falsifying each voucher.

Z, an employee of the SC, falsified the roll of attorneys.

of carnal union.
Crimes against persons:
o X and Y, constabulary officers, killed around 50 people
with guns. What is the crime?

Convicted of complex crime of multiple murder under

there are many persons.

X antedates a public document, forges the signatures
therein, and changes its content.

Is he guilty for three

counts of falsification of the document?

No. There was only one crime of falsification of public

o

document, although there were multiple modes of

o

falsification committed.
Gamboa v. CA: There was no single impulse, intent, or

resolution test mentioned in Art. 48. It mentions a single act.

Compare to Ilagan v. CA: X is a real estate agent who

them. How many crimes of estafa did he commit?

As far as the lot buyers were concerned, there were

doesnt say single criminal impulse.

On an MR: J. Aquino reneged, considering J.
If it is prisoners, apply Art. 48.

prisoners, then separate crimes.

petitioner fraudulently collected from the victims.

As far as the corporation is concerned, it depends on

If he is obliged to account

everyday and he fails to do so, there are as many

crimes of estafa as the number of days he failed to

If NOT

This is really

strange.
But what MUST be the rule, according to P v. Pineda?

DO NOT APPLY SINGLE IMPULSE TEST. Just read

Art. 48: it requires a single act.
Several accused had automatic, high powered guns and
killed several people. When they pulled the trigger, several

account. If he is obliged to account every month, he

Again, the SC applied single criminal impulse test.

Dissent by J. Makasiar: Read Art. 48 single act. It

Makasiar.

as many crimes of estafa as the number of times the

couldnt tell who killed who.

There were several killings inside Bilibid prison. What was

multiple counts of attempted and frustrated murder.

turning over the proceeds to the corporation, he kept

obligation to account.

Art. 48(1), applying single impulse test.

N.B. the court just resorted to this because they

the crime?

Decision by J. Aquino: Multiple counts of murder and

fraudulently collected from lot buyers, but instead of

Each sexual act is an

offense. Adultery is consummated and exhausted at the time

Included 3 names. HELD: As many crimes of falsification as

o

Adultery is not a delito continuado.

bullets shot out. What was the crime?

Complex crime of multiple murder and multiple

is guilty for every month he fails to account.

What is the rule for libel?
o Even if two or more persons were subject to libel, if there was

attempted murder. Although several independent acts

were done, it was not possible to determine who

only one publication, there is only one crime of libel.

What is the rule for adultery?
Is is a delito continuado

among them killed how many victims.

(continuing crime)?

52

The accused showed a single criminal impulse based

there was Estafa through falsification by culpa. The latter was

on the statement my gosh, di natin napatay lahat.

o

Due to the employees failure to ascertain identity of payee,

The SC also used conspiracy as basis.

But see P v. Dalmacio: Armalite guns fired successively, and

explosives, killed several and seriously wounded others. The

the means to commit the former.

Why can a public document be falsified through culpa?

Because for official or mercantile documents, there is

accused were guilty for as many crimes as how many people

were injured.
Malversation:
o There may be a complex crime of malversation through

private document. Therefore, there is no falsification

falsification of official documents a crime being done to

through culpa for private documents.

What about forcible abduction with rape: related with Art. 342 and
rape/sexual assault (Art. 366-A)?
o Take into account absorption of felonies. If the intention was to

commit another crime.

Can you apply Art. 48 to plunder?
o No. Plunder is unique. One cannot apply Art. 48. Although

rape, and the victim was brought to a place in light of rape,

there maybe some predicate crimes, only ONE CRIME is

committed.
Article 48 does not apply to special complex crimes:
o Ex. robbery with homicide, robbery with rape, robbery with
o

then there is rape only abduction is absorbed by rape.

But there may be a complex crime of forcible abduction with
rape.

her house, where she was raped.

Delito complejo (second mode)

Abduction was

absorbed since it was near her house.

Ex. Brought to place 600m from her house, where
she was raped. Abduction was STILL absorbed by

When is there delito complejo?

o One felony is the necessary means to facilitate or ensure the

commission of another felony. If one felony is indispensable to

rape.
Ex.: Abducted to place 100m from her house
forcible abduction with rape. What is determinative?

the commission of another, then Art. 48 DOES NOT apply;

What are these cases where it not absorbed and

when it is absorbed?

Ex. Victim abducted and brought to grassy area near

intentional mutilation
Ex. kidnapping with murder, kidnapping with rape, kidnapping
with homicide

no need to prove that there is intent to cause damage.

The intent to cause damage is only required for

SPECIFIC INTENTION OF OFFENDER AND NOT

there is only one crime.

o Bottom line: Must be necessary but NOT indispensable.
Is it possible that one is delictual and the other is culpable felony?
o Yes.
o Ex. Cashed check on behalf of an impostor. The employee of

THE DISTANCE
What if there was abduction, and then there were three
rapes done after?

The moment the first rape was committed, then

forcible abduction with rape was consummated. So

the bank did not bother to check, since they are friends.

the second and third rapes were SEPARATE crimes.

53

There is one complex crime, two separate simple

crimes. (This is en banc decision.)

But there are some commentators that say that the
subsequent rapes must be absorbed since abduction

is a continuing crime.
If the accused abducted two women at the same time, and then

raped both?
o Guilty of TWO counts of forcible abduction with rape.
Can robbery with force upon things be taken together with robbery

Yes.
Is coup detat a political crime?
o Yes.
o Political crimes are those directly aimed against the political
order.
o

to achieve the political purpose.

What about illegal possession of firearms?

Yes, it is absorbed. See RA 8294.

Art. 48 is for the benefit of the offender, under the pro reo principle.
o

with violence against persons as a complex crime?

o Yes. The former can be a means to commit the latter.
When does delito complejo not apply?
o 1. Indispensable to the second crime
o 2. Essential element or mode of committing another felony
o 3. Merged with another crime
o 4. Felony is committed to conceal another crime
A company officer falsified two private documents to make it

How so?
o Because even if there are two crimes committed, the law only
punishes the offender for one, although it is in the maximum
period. In the eyes of the law, the two crimes stem from a
single criminal intent this is less perverse in the eyes of the

appear that there were two extra employees, even if she really just

kept the wages for herself. Can one apply Art. 48(2) for estafa
through falsification of private document?
o No. There can be no complex crime of estafa through

The moment the

resolution.
How did the SC reason this out in P v. Hernandez?

Absorption in political crimes.

Read the dissent of J. Montemayor. He said that pro

falsification was established by intent to cause damage, the

reo should not apply to the second paragraph

same element CAN NO LONGER BE USED to establish

because he committed two crimes, unlike in the first

have 1. Intent to cause damage, and 2. Damage caused. For

estafa, the same elements must apply.

law compared to punishing him for two crimes.

Does this apply to the second part of Article 48?

Yes, because the first act was only a means done to

commit the second crime. There is still one criminal

falsification of a private document, because the latter must

Any common crime committed in furtherance of a

political crime is absorbed.

The common crimes are absorbed because they are necessary

estafa.
The crime instead is falsification of private document. If the

paragraph.
The majority rejected this by pointing out that both

estafa can be committed without the falsification, the proper

means were included in the same provision. If the

charge is estafa. Art. 48 does not apply.

If it is falsification of public or mercantile document, can

treatment for the second paragraph must be different,

then it should have been placed in a different

there be complex crime of estafa through falsification of

public document?

54

provision.
How do you define grave and less grave offense?

o Grave: afflictive or capital

o Less grave: corrective
Does 48 apply if one crime is under RPC and one is SPL?
o No. It mentioned felonies.
o So punish them separately. Ex. violated estafa and BP 22.
If one is under RPC and ordinance?
o No. Punished under both the RPC and the ordinance violated.
Can there be a complex crime of arson and homicide?
o No. Its either only simple arson or simple homicide. NEVER

Consummated

Frustrated

Attempted

Principal

As provided

-1

-2

Accomplice

-1

-2

-3

Accessory

-2

-3

-4

complex. Look at intent.

What is the penalty for a complex crime?
o Penalty for the more serious crime, applied in its maximum

What are the rules on reduction of penalties?

o 1. Single and indivisible penalty next lower penalty

Ex. RP RT
o 2. Penalty is two indivisible penalties or one or more divisible
penalties imposed to their full extent penalty next lower in

period.
Art. 49: penalty for error in personae

To which situation does Article 49 apply to?

o Only error in personae.
o N.B. aberratio ictus and praeter intentionem both attract the

of another divisible penalty medium and minimum periods of

the proper divisible penalty and the maximum period of the
next lower

Ex. RT in maximum to Death PM in maximum to

application of Article 48 instead.

What is the penalty for praeter intentionem?
o 1. If the penalty for the felony actually committed is higher than

that which he originally intended, the penalty of the latter in its

o

following

Ex. PM in medium to RT in minimum PC in

maximum period.
3. If the act actually committed is an attempt or frustration of

another crime which has a higher penalty if consummated, the

penalty of the attempt or frustration in its maximum period.

persons collaborating, confederating, or mutually helping each

What are the rules in reduction of the penalties provided under

law?
o

medium to PM in minimum
What are the rules on MCs and ACs?
o 1. If the AC is taking advantage of public position:

Impose penalty in its maximum regardless of MCs

o 2. If the crime was committed by a person belonging to an
organized or syndicated crime group (group of 2 or more

Application of penalties

RT in medium
4. Several periods corresponding to different divisible penalties
period following the minimum prescribed and the two next

maximum period.
2. If the penalty for the felony actually committed is lower than
that which he originally intended, the penalty of the former in its

degree as to the lower divisible penalty

Ex. PM to RT PC
3. Penalty is one/two indivisible penalty and maximum period

other for purposes of gain in commission of crime there

must be an organized group, and not just a conspiracy):

Consult the following table:

55

Impose penalty in its maximum as well regardless of

MCs
3. ACs and MCs which arise from moral attributes of offender,

divisible?
o 1. No AC, no MC:

Medium period
o 2. MC only:

Minimum period
o 3. AC only:

Maximum period
o 4. Some of both:

Offset, then apply the above 3 rules

o 5. Two or more MC with no AC:

Lower the penalty one degree, but always in the

private relations with offended party, or other personal causes:

Will only aggravate or mitigate liability of those to

o

whom the circumstances apply to

4. ACs and MCs which consist in the material execution/means
to accomplish the act

Will only aggravate or mitigate liability of those had

knowledge of them at the time of execution or

cooperation
Why are abuse of public position and crime by syndicate/organized
crime group special ACs?
o It cannot be offset by generic mitigating circumstances
What is the rule for habitual delinquents?
o 3rd conviction:

Penalty for last crime + PC in medium and maximum

o
o

periods
4th conviction:

Penalty for last crime + PM in minimum and medium

5th conviction or oftener:

Penalty for last crime + PM in maximum to RT in

proper period
What if there are 2 or more MCs, but there is at
least one AC?

No lowering by degree.
What if there are 2 or more ACs?

No increasing by degree. There can only be

reduction by degree, not increase by degree.
Ex. if there are four mitigating circumstances, once
you use two to lower the penalty by one degree, the

minimum
What is the maximum period imposable for habitual

other two are not taken into account.

What if the accused is sentenced to reclusion
perpetua, has two generic MC, and no AC. Can it

delinquents?

Cannot exceed 30 years, in any case

What is the penalty for impossible crimes?
o Arresto mayor or fine of 200-500
o There is some commentary that the penalty for impossible

be lowered by one degree?

No. No matter how many MCs there are, RP

cannot be reduced by degrees (except

crime does not apply for light penalties (or else, the penalty for

Privileged MCs.
What are the rules applicable for MCs and ACs when the penalty is

privileged MCs)
To which crime do these rules not apply to, and what
applies instead?

To quasi-offenses under Art. 365. Instead, the court

the impossible crime would be greater than the crime itself)

What is the rule for single indivisible penalties (now, only RP)?
o Apply it in full, regardless of MCs or ACs.
o What is the exception?

will

apply

its

sound

discretion

circumstances instead of these rules.

56

for

modifying

What to make of Art. 67 which applies to incomplete exempting

circumstance of accident?
o Article 67 is inoperative.

Apply Art. 365 instead, because

incomplete accident is a quasi-offense.

When do the regular provisions on calculation of penalty not
apply?
o For the privileged mitigating circumstance in Art. 68 of minority

(if 15-18 and acted with discernment).

But what if the minor commits a SPL, which does not

What

follow nomenclature of RPC?

The minor is not entitled to privileged MC.

Ex. Life imprisonment in Illegal Recruitment

is the rule for incomplete justifying or exempting

Increase or reduce (as the case may be), the maximum by 1/4 th

of the maximum amount. But never change the minimum.

Ex. 50K to 100K, and there is an AC, then it can be 50K to

125K (1/4 of 100K), or 50K to 75K.

Can the judge impose a fine as a substitute penalty to

imprisonment. Penalty of fine is independent from penalty of

imprisonment.
Accused drew and issued a check to pay for an obligation, but it

circumstances?
o See discussion above when to reduce it by one or two degrees.

bounced. He was charged for BP 22. During trial, accused paid

Take note that this is a privileged MC and cannot be offset by

complainant, but the case was already pending. May the accused

the value of the check.

So there was no more damage to the

be convicted for a fine still?

o Yes. Penalty of fine does not go to the offended party but the

Penalty of fine

fine?
o

imprisonment?
o No.
Fine cannot be used as substitute penalty to

ACs.

o No. The court must make a definite choice.

What are the rules in the increase or decrease in the degree of the

What two factors are considered by the court in imposing fines

within a range?
o 1. Presence of MCs or ACs.
o 2. Wealth or means of the culprit.
What are the scenarios?
o Either the law imposes a penalty of fine
o OR penalty of fine AND imprisonment
o OR penalty of fine or imprisonment
For example, what If the law provides for a penalty of fine of not

State.
What if the penalty is death?
o Reduced to RP with no parole.
What is the rule on successive service of sentences?
o 1. If they can be served simultaneously, then do so.
o 2. Otherwise:

Follow respective order of severity, serve them

less than 50K to 100K, what can the court impose?

o The court has discretion to impose a fine within these bounds
Will you apply the ISL by analogy?
o No. It does not apply here.
If the law specifies penalty of fine OR penalty of imprisonment (Ex.

successively
What is the order of severity?

D, RP, RT, PM, PC, AM, Am, destierro,

perpetual absolute DQ, temporary absolute

BP 22), can the court impose a similar alternative penalty?

57

DQ, suspension, public censure

What is the 3-fold rule?

Maximum duration of the sentence cannot be more

than 3-times the length of time of the most severe

penalty.
For RP, treat its duration as 30 years, in calculating

o Remedy: writ of habeas corpus.

What if the convict becomes insane or an imbecile?
o Suspend service of sentence and sent to hospital for
o

the three-fold rule.

What is the maximum period for sentences?

Always 40 years.

Do not include subsidiary imprisonment penalty in the

necessary treatment
But the civil liability should still be enforced in spite of insanity

or imbecility of the person.

What is the nature of destierro?
o Not permitted to enter the places mentioned in the sentence
and within radius specified which shall be from 25-250 KM

computation of 40 years.
What are the penalties that can be served simultaneously with

from the place specified.

penalty of imprisonment?
o 1. Perpetual absolute DQ
o 2. Perpetual special DQ
o 3. Temporary absolute DQ
o 4. Temporary special DQ
o 5. Suspension
o 6. Public censure
o 7. Fine
o 8. Bond to keep the peace
o 9. Civil interdiction
Can destierro be imposed as the same time as imprisonment?
o No.
Imprisonment must be served by the convict successively, following

Civil liabilities

A minor is exempt from criminal liability. Can the minor be held

civilly liable?
o No. The minor is also exempt from civil liability.
o

The

parents/guardians are civilly liable.

Relate with Art. 221 in Family Code:

Parents/guardians with parental authority are civilly

liable for the injuries and damages caused by the
acts/omissions of minors living in their company and

the order of their severity, as provided for by Art. 71

o 2nd sentence does not commence until after the first expires.
What is the rule on execution of penalties?
o No penalty executed except by virtue of final judgment
When can public censure not be imposed?
o If the person is acquitted, cannot anymore be subjected to

under their parental authority

Subject to proper defenses under law

Does a complex crime under Art. 48 automatically mean there is
only one civil liability?
o No. There are still as many civil liabilities as crimes, because
Art.48 is strictly a pro reo provision in criminal law and does not

public censure.
Judge sentenced accused to 25 years RP; can he be compelled to
serve sentence?
o No. There is no such sentence as 25 years of RP; just RP
(indivisible).

58

extend to civil liabilities.

Is the adopter civilly liable for the damage caused by the adopted

minor?
o Yes.
What are the requirements for the employer to be civilly liable for

damage caused by their employees?

o The employee has to be insolvent.
Is a teacher liable for students acts?

o Only when engaged in industry.

Mere consulting doctors in a hospital negligently left gauze in the

stomach of a person they operated on. Is the hospital liable?

o Respondeat superior because there was control exerted by
o

the hospital
Are these consultants deemed employees?

Yes. Because employer-employee relationship is not

For

determined by the nomenclature of the relationship.

medical negligence cases, an employer-employee

holds that the accused did not commit the acts on which the

physicians, including medical consultants.

Ratio: The performance of these doctors is evaluated

by a peer review board based on feedback from

respect to the public or third persons. The owner on record is

patients and mortality statistics. The private hospitals

the employer of the driver; the actual operator and owner are

can hire/fire/exercise control over the consultants.

The hospital is owned by a private corporation. Is the private

mere agents of the registered owner of the vehicle.

The registered owner is subsidarily liable (not the lessee), but

doctors?
o If a hospital is owned by a private corporation, such corporation
corporate responsibility.

As the owner of the hospital, the

private corporation is duty-bound to see to it that the hospital

victimless crimes or crimes with victims.

What is the rule for civil liabilities arising from criminal offenses?
o The moment the criminal action is instituted, the civil action is

instituted along with it.

Can there be civil penalties for crimes defined by SPL?
o Yes; however, there must be evidence that a party, including

meets the needs of the patients, including close supervision

over medical staff, including consultants.
When can the employer be exempted from subsidiary liability, or
have it lessened?
o If there is

collusion

between

employee

and

the government, sustained substantial injury so that the

private

complainant, ex. the claim is inflated, in order for the employer

to have more liability.

In order for employer to be liable, what proof is needed?
o There must be proof that the employee is insolvent. This is
o

the registered owner can recover from the lessee.

When are civil liabilities applicable?
o Whether the offense is punishable by law or not. (Because it
can be based on contracts or quasi-delicts). There may be

may be held liable on the basis of corporate negligence or

charge was based on.

What is the rule on registered vehicles?
o Regardless of who the actual owner of the motor vehicle might
be, the registered owner is the operator of the same with

corporation civilly liable for the negligence of the consultant-

this?

Upon the submission of the sheriffs return.

If the employee is convicted based on reasonable doubt, is there
civil liability for the employer?
o Yes. The only time there is no civil liability is when the court

relationship exists between hospitals and their attending

Yes.
At what stage of the proceedings can the employer do

accused may be civilly liable.

If a crime is absorbed by another crime, can there be civil liability
in the absorbed crime, juridically speaking?
o Yes.

Ex. for political crimes like rebellion, sedition, etc.

proven through returns of the sheriff.

Can the employer challenge the sheriffs returns?

there can be murder or rape. These are absorbed by

59

the political crime; nevertheless, there is civil liability

for these acts.

Ex. there is criminal liability for homicide, even if

What other liabilities aside from restitution and reparation?

o Under NCC, for one to be able to recover actual damages, he
must be able to prove by documentary evidence the actual

absorbed by arson.
X issued a post-dated check in payment of a current obligation. It

must one prove to be entitled to temperate damages?

Claimant need not prove actual amount, as long as

bounced. How many crimes?

o Two: BP 22 and estafa.
o Will X have to pay twice for the value of the check,
considering there is only one check?

No. Even if there were two crimes, there was only

one check, thus there should only be one payment of

the check.
What is restitution, and what are its rules?
o Must return the thing itself if possible, with allowance for
o

of the case until the amount has been paid.

Palana v. P: The petition was convicted for BP 22. Ordered to pay to
information until the finality of the decision + 12% per annum from

person
But the buyer in GF is entitled to reimbursement from

thief or criminal.
If the stolen property cannot be returned anymore, what is the

finality of decision until the amount was paid.

What are the rules for actual damages?
o 1. For crimes and quasi-delicts liable for all natural and
o

remedy?
o Value of the thing taken.
o When do you determine value? At time of commission of

crime or upon order of return?

Rationale is to bring back the situation to before the

probable consequences of the act or omission

2. Liability may be increased or decreased depending on
aggravating or mitigating circumstances
What damages may be recovered?

Actual or compensatory, moral, exemplary, temperate,

crime was committed. Value of the property in the

reasonable.
P v. Billaber: In a charge for illegal recruitment, the money paid by the

offended party the amount of check with interest (6%) from filing of

of crime?

Offended party can still recover the item from that

there is proof that there is loss.

Court may grant temperate damages, as long as

applicant (placement fee, etc.),

o 12% interest on the return of the amount paid from time of filing

deterioration or diminution of value

What if a third person acquired a property that was subject

damages sustained by him

If he cannot prove actual value of actual damages, what

commission of the crime must be the basis.

What is reparation?
o The court must determine the amount of damage, taking into

consideration the price of the thing, if possible, and special

sentimental value to the injured party.

60

nominal, etc.
Reparation,

restitution,

indemnification

consequential damages

Not only actually value lost, but also lost profits.

Under what circumstances can moral damages be recovered?
o 1. Crimes leading to physical injuries

Includes death
o 2. Quasi-delicts

for

o 3. Seduction, abduction, rape, or other lascivious acts

o 4. Adultery or concubinage
o 5. Illegal or arbitrary detention, arrest, or search
o 6. Libel, slander, or defamation
When are exemplary damages imposed?
o When a crime has one or more ACs, exemplary damages may

MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY

Extinction of criminal liability

be imposed
In criminal law, an AC not alleged in the information cannot be

o
o
o
o
o
o

considered. Does the same rule apply for ACs, which can be the
basis of exemplary damages under the NCC?
o No. The word aggravating in NCC should be applied in its
generic sense since it does not distinguish. Includes specific
aggravating, qualifying circumstances, etc. These are distinct
o

and separate from penalty of fine in the RPC.

Even if not alleged in the complaint or information, if proven =

can lead to exemplary damages. The rule is under the NCC

o

How is criminal liability extinguished?

o 1. Death of the convict as to personal penalties

For pecuniary penalties, if death of the offender

RPC
When does death extinguish the civil liability of the accused and
when does it not?
o When the civil liability arises from the criminal act.

Civil liability of accused extinguished by death

and not the RPC, after all.

Ex. Even if treachery is a qualifying circumstance under AR
248, it can be treated as a generic aggravating circumstance

o
o

for the purpose of imposing exemplary damages

May exemplary damages be awarded in arson?

Yes. It is an anti-social act.

Can relationship be the basis to grant exemplary
damages?

Yes.

includes duty to restitute the proceeds of the crime.

But civil liability predicated on a source other than the delict

survives. In this case, it can be executed against the estate.

Contrast absolute pardon from amnesty:
o Pardon: does not look back; looks to the future and is not
retrospective

If he is pardoned and commits a crime of the same

Relationship may be a basis for granting

exemplary damages even if it is an inherent element

occurs before final judgment

2. Service of the sentence
3. Amnesty
4. Absolute pardon
5. Prescription of the crime
6. Prescription of the penalty
7. Marriage of offended party as provided in Article 344 of the

of the crime (ex. parricide).

When are temperate damages recoverable?
o The heirs of a deceased in homicide, murder, parricide are

o
o

title, he is still a recidivist

Amnesty: everything is extinguished
Pardon is a private act of the President and must be proved by
the accused, unlike amnesty, where the court can take judicial

entitled to actual damages, as proved by requisite documentary

notice because it is a public act with the concurrence of

evidence. If the actual damages are not proved, the court may
prove temperate damages.

Check Annex 1 for detailed numbers on civil liabilities

61

Congress.
Effects on right to suffrage and right to hold public office:

Absolute pardon granted by President restores civil

But when presented, there already were funds No liability in

rights, but for these two specific rights (suffrage and

holding public office), it must be specifically granted

by the pardon
What is the rule on pardon under Art. 344?
o The offended party may grant pardon to both offenders, in the
o

crime of concubinage and adultery.

Offended party may pardon before institution of criminal

complaint.
If there is conviction by final judgment, the President may grant

Prescription of crimes

in rape or sexual assault will extinguish criminal liability and the

o
o

the penalty already imposed is extinguished.

Supposing there are 3 accused: principal by direct

Remember, finally, that libel and slander are 1 year and 6

an accomplice if there is marriage between principal by

months, respectively.
If the penalty imposed on the convict is a compound one, what is

other accused?

Yes, they are benefited. This was the intent of the

Senate when they removed the original proviso stating

the basis for prescription?

o The highest penalty.
What is the nature of destierro?
o Destierro is correctional: prescribes in 10 years
What should be considered to determine whether the crime has

prescribed or not?
o 1. Period of the offense charged
o 2. Period when it begins to run
o 3. Period when it is interrupted
Act 3326: the law defining how to compute prescription for crimes under

direct participation, does this extinguish liability for the

that the co-principal, accomplice, and accessory do

not benefit (through Sen. Enriles statement).
Suppose an accused made perjurious statements in a petition for
naturalization.

He was found out.

He decided to withdraw the

petition for naturalization. Does this extinguish liability?

o No. This extinguishes merely the application but not the

When do crimes prescribe?

o Death, RP, RT 20 years
o PM, other afflictive penalties 15 years
o Correctional penalties 10 years
o AM 5 years
o Light offenses 2 months
o Libel and similar offenses 1 year
o Oral defamation, slander by deed 6 months
o N.B. Remember 20y-10y-2m as the usual rule; then remember
that the two mayors are 5y less than their brethren.

participation, principal by indispensable cooperation, and

this case.
If there were still no funds when presented, there is amnesty
period for 5 days to pay. If paid No liability.

PARDON EVEN IF it is a private crime.

When does marriage become a condonation?
o Under 8353, the marriage between offender and offended party
penalty already imposed.
So even if the marriage happened during service of sentence,

For BP 22, when a check was issued, there were no funds.

SPL

liability for a crime already committed

What is the amnesty period rule under BP 22?

62

But there are SPLs that themselves provide for manner of

computing prescription
Ex. OEC 5 years

second marriage. Unlike property registration, registration of

What is the rule under Act 3326?

o Prescriptive period: from when it is known to the offended party

marriage is not constructive knowledge of marriage.

or to the State or agents

If not known when committed, when discovered by the

Prescription of penalties

offended party or the State or its agents

What do you mean by offended party?
o Private party or government or its agents
When does the period start running?
o When crime is discovered by the offended party, authorities,
their agents
When is the period interrupted?
o 1. Counted when complaint filed for preliminary investigation
with public prosecutor or the OMB.

What if its a crime punishable under Summary

contemplate very brief trips abroad

When does the period resume?
o 1. When proceedings terminate without the accused being
o

Procedure?

When it is filed directly with the court

Or when it is filed with the prosecutor

2. Offender is outside the Philippines this does not

convicted or acquitted
2. When proceedings are unjustifiably stopped for reasons not

accused commits the crime of evasion of service of sentence.

When is it interrupted?
o 1. Defendant surrenders
o 2. Defendant captured
o 3. Goes to foreign country where the Philippines has no
o

extradition treaty
4. Commits another crime before expiration of period

Indeterminate Sentence Law

imputable to the accused

How about continuing crime? When does period being to run?
o Prescriptive period runs after the occurrence of the LAST act.
Supposing a document is executed (ex. REM) and it is falsified.

When does the period run?

o For documents required to be filed with the Reg. of Deeds,

What are the prescriptive periods for penalties?

o Death and RP 20 years
o RT, PM, other afflictive penalties 15 years
o Correctional penalties 10 years
o AM 5 years
o Light penalties 1 year
o N.B. This differs from prescription of crimes in the ff ways:

1. RT drops from 20 years to 15 years

2. Light penalties increase from 2 months to 1 year

3. Libel and slander have no special periods

When does prescription of penalties start to run?
o The prescriptive period for penalties begins to toll when the

period begins to run upon filing with the ROD.

But what is the rule for marriage?
o Prescriptive period should begin to run from when State or

What is the nature and purpose of the ISL?

o For benefit of convict, and to increase economic contribution.
o Purpose: to individualize the administration of Phil. penal law.
o Looks at convict as private individual, and secondly as member
o

of society as a whole.
The State is concerned not only in protecting social
organization against criminal acts of destructive individuals, but
also in redeeming the individual for economic usefulness and

agents or offended party acquired actual knowledge of the

63

other social ends.

What is the courts role under the ISL?

Court must determine the maximum of the indeterminate

penalty, and then the minimum.

How is the maximum determined?
o Consider modifying circumstances.

Note that the privileged

mitigating circumstances must first be considered.

How is the minimum determined?
o Minimum is one degree lower than that provided by the RPC.
o The minimum is within the whole range of the next lower

imprisonment with divisible penalty.

There are laws which expressly provide that the convict is not entitled to
the benefits of the ISL and parole. Ex. terrorism law.
When can a straight penalty be imposed?
o When BOTH minimum and maximum

not be the same.

Minimum: court has unlimited discretion within the range of the

and one day. The court imposed a straight penalty of 60 days.

What is parole?
o When the person serves the minimum of the ISL, he may apply
for parole. He will be allowed to leave the penal institution

minimum of the penalty one degree lower than the penalty

imposed by law
Who cannot avail of ISL?
o [grave crimes]
o 1. Convicted and punished with death, life imprisonment, RP

For the purpose of ISL, life imprisonment and RP are

o

o
o
o
o
o
o
o

synonymous.
2. Committed:

Treason, misprision of treason, proposal to commit

treason;

Rebellion, sedition, espionage;

Piracy
[personal circumstances]
3. Habitual delinquent
4. Escaped confinement or evaded sentence
5. Violated conditional pardon
[too short]
6. Maximum term of not more than one year
7. Those already sentenced by FJ upon passage of Act

Obviously not applicable now, since

of

ISL). For instance, in this case, the maximum was four months

penalty. Thus, the period of the minimum and maximum need

durations

imprisonment are less than 1 year (outside coverage of the

penalty, not necessarily in the same period as the maximum

No, the ISL does not apply because it applies only to penalty of

under certain conditions. (Ex. do not commit crime, etc.)

Offenders who commit crimes while on parole are disqualified

o
o

from ISL.
This lasts for a certain period of time.
If he complies with the conditions of the parole, the Board of

Pardons and Parole will give out final release and discharge.
What if the offense is punished under an SPL with a definite range
provided for the penalty?
o The court still imposes an indeterminate sentence, using the
minimum and maximum periods provided by the law as limits.

Probation Law

What are the conditions that should accompany a grant of

probation?
o Mandatory conditions:

1. Report to designated probation officer within 72

those

incarcerated then are now dead or out of prison

Does ISL apply to fines?

64

hours after receipt of order

2. Report periodically to the officer at least once a

month or sooner, as determined by the officer

o Discretionary: the court will specify these
What is a penalty subject to probation?
o Must not exceed 6 years (PC).

o Fine must not be 200 pesos or more.

Who are disqualified from probation?
o [Type of conviction]
o 1. Sentenced to maximum term of more than 6 years
o 2. Convicted of subversion or any crime against national
o
o
o

a 6 year penalty. If you add them all up, however, they exceed 6
years. Does probation apply?
o Yes. By a vote of 8-7, the SC said he is entitled to probation.

security or public order

3. Those who have perfected appeal
[Had prior record]
4. Previously convicted by FJ of offense punished by

He filed petition for

probation but was denied for appealing. He claimed he did not

appeal from CA decision. Is X entitled to probation?
o No probation, because appeal that matters is appeal from the

less than 200

5. Once been on probation
[Not likely to be applicable]
5. Already serving sentence upon effectivity of probation law

Again, this is unlikely to apply now

Differentiate disqualification from denial:
o Denial is when a person is qualified for probation but it is not
o
o
o

The penalty for EACH crime is considered, not all the crimes.
X was convicted of frustrated homicide (PM). He appealed to CA,
which affirmed, but with modifications.

imprisonment not less than 1 month and 1 day and/or fine not

X was sentenced for three crimes, tried jointly. Each had less than

trial court, not the CA.

What is the additional rule in RA 9372?
o Those who commit terrorism are not entitled to probation.
What is the remedy if the court denied petition for probation?
o If there was GADALEJ, the remedy is Rule 65 (Certiorari)
Soriano v. CA: In the probation that was granted, a condition was that
he has to submit a program of payment for the civil liability. He did not

granted because of, for instance, dubiety in character.

Note that probation is a privilege, not a right. Even if you are

pay. The probation was revoked for failure to comply. Went to the CA:
unconstitutional because he is being imprisoned for nonpayment of

not disqualified, it doesnt mean you are automatically qualified.

What is the number one rule?
o if you file appeal, you lose benefit of probation. If you file for

debt HELD: Wrong contention!

Imprisoned for not complying for

condition of probation, not for nonpayment.

probation, you cannot appeal.

When must application for probation be filed?
o Within period for perfection of an appeal.
What is the effect of probation?
o 1. The sentence is suspended
o 2. If the probation is violated, the entire sentence is served
What is the rule on Probation of minors?
o If the minor is incorrigible, then he will serve the penalty of

I: CRIMES AGAINST NATIONAL SECURITY

TREASON (114)

What is the nature of treason?

o Treason differs from other crimes, because all persons are
regarded as principals. Those aiding or abetting, or even those
not present in the scene but playing just a small part are

imprisonment. But he is still entitled to probation.

How did R.A. 9344 amend the Probation Law?
o Because normally if you appeal, you lose probation. But under

considered principals.
N.B. This is the only provision in the RPC that is based on the
constitution of the US (Art 3, Sec 3), and not borrowed from
Spain. This includes the need to either have:

Testimony of two witnesses to the same overt act

9344, it is allowed.

65

Or confession in open court

How can a person commit treason?
o 1. Levying war against the Philippines
o 2. Adhering to the enemy, by giving aid or comfort
Why must there be an overt act of giving aid or comfort?
o Requirement of overt act of giving aid or comfort is to make

o Yes. Aid and comfort may be made by speech.

Does the ISL apply?
o No. The ISL does not apply to treason. There is a specific

provision.
Is treason delito continuado?
o Yes.
Delito continuado contemplates a series of acts

sure that the crime of treason has moved from the realm of
o

committed over time, but only instigated by a single criminal

thought to the realm of action.

In a case, does the mere act of X of letting his German-

aligned son stay in his house constitute the overt act of

giving aid and comfort?

Yes.
What is the purpose of the two-witness rule?
o To prevent the possible fabrication of evidence to prosecute a

person. Quantity of witnesses is not enough; the witnesses

act.
What if the acts are separable?

If the acts are separable, there must be at least two

Japanese occupied the PI.

There are those who hid the principals in treason or helped them
by giving arms.

Can there be accomplices or accessories in

treason? Or are they all principals?

o As long as you performed an overt act, there is an act of

enough to have witnesses prove each component.

When is there no need for the two witnesses?
o If there is confession in open court, then no need for two

treason already. There can be no accomplice or accessory in

witnesses.
Is offering comfort women to enemy soldiers giving aid and
comfort?
o P v. Perez: Getting women to satisfy sexual urges of enemy

done, one commits treason.

Can treason be committed when a State is occupied?
o Yes, as long as it remains the de jure government, as when the

witnesses for each separable act.

No need to have to prove the entire composite act;

criminal intent.
Is dual citizenship a defense?
o No. Dual citizenship is not a defense. There must have been
a prior renunciation of the Filipino citizenship, and if this is not

must be credible. Each witness must testify to the same overt

o

resolution.
Either a single act, or a series of acts impelled by a single

soldiers is not giving aid and comfort to the enemy.

P v. Lozano: Sexual and social relations with Japanese

soldiers do not materially improve their war effort.

N.B. J. Callejo disagrees. He thinks this is giving aid and

the crime of treason.

Do exempting circumstances apply?
o Yes. Article 12 defenses APPLY. (Uncontrollable fear, etc.)
o A minor who committed treason is still entitled to privileged
mitigating circumstance of minority.
Are Articles 13 and 14 applicable to treason?
o No. The penalty does not depend on 13 or 14, but on the
nature of the crime committed. The SC will not apply 13 and

comfort to the enemy.

Can aid and comfort be made by speech?

66

14, and will just assess the crime, according to its barbarity.
Is treason a specific intent crime?
o Yes. The specific intent is to deliver the country to the enemy.

If you dont intend to deliver the country to an enemy, then it is

mere rebellion
Aliens may also be guilty of treason. Under what circumstances?
o If they are residents of the Philippines, because as resident

treason by the second mode. He must translate this to overt

aliens, they owe temporary allegiance to the Philippines. While

they are here, they are under the protection of the Philippines.
Treason is a war crime. Explain.
o It cannot be committed during time of peace. It may be

because treason is such a heavy crime, in order to prove it,

treason may blossom into a crime (only then).

What is the relationship between treason and common crimes?
o Treason absorbs common crimes.
Is there a complex crime of treason with rape, murder, etc.?
o No. It is a political crime, and thus absorbs these other

component acts. These are essential elements of the crime of

treason; without these, treason could not be committed.

What do you mean by levying war? Is the mere assemblage of

is there a need to strike?

o Levying of war means an armed body of men, committing acts
of violence for purpose of overthrowing the government.
There must be an actual assemblage of men for the purpose of

executing treasonous design by force. They must be in such a

Must the prosecution

prove all five with two witnesses?

o No. They can prove even just one.
o But note that the witnesses must be credible.
Is the use of unlicensed firearms aggravating?
o No.

Conspiracy or proposal to commit treason is a crime in itself.

What if they actually commit treason?
o If they actually commit treason, these crimes lose their juridical
personality and become mere modes.
Is this a war-time crime only?
o No. Conspiracy and proposal to commit treason MAY be
committed during time of peace.

position that they may overthrow the government. It is not even

there is a higher bar.

The offenders committed five overt acts.

CONSPIRACY AND PROPOSAL TO COMMIT TREASON (115)

armed men with capacity to overthrow the government enough or

acts.
There is difference in quantum of evidence to prove adherence and
to prove the overt act. Explain.
o Adherence may be proved by direct or circumstantial evidence.
o The overt act, however, must comply with the two-witness rule,

incubated during time of peace, but once war commences,

N.B. BOTH elements must concur. Without one, there is no

necessary that they be armed by high powered arms, but it is

MISPRISION OF TREASON (116)

enough that they constitute enough men to overthrow the

government.
Mere conspiracy to overthrow is not enough (see conspiracy to

commit treason).
What is the second mode of committing treason?
o 1. Adhering to enemy
o 2. Through giving aid and comfort

67

What is the nature of this crime?

o Felony by omission.
o Gravamen of crime: WILLFUL or MALICIOUS concealment.
o It is a crime by dolo although a felony by omission.
Elements:
o 1. Aware of plan to commit treason;
o 2. Fails to report it to governor/mayor or fiscal
How much time?
o Depends on circumstances.

Who can commit this crime?

o ONLY committed by Filipinos, not foreigners.

Thus, dual

citizens, who are foreigners too, may NOT be liable for

o

treason
Does the two-witness rule apply?
o No.
Differentiate this from accessories-after-the-fact:
o Misprision of treason is different from being an accessory-after-

misprision of treason.
N.B. compare to treason itself: even dual citizens can commit

conspiracy.
Note though: This is moot because there are no accessories

PIRACY (122-3)

ESPIONAGE (117)
Offenses:
o 1. Without authority, entering warship, fort, etc. to obtain

information, etc. of confidential nature

Relating to national defense

2. Possessing by reason of public office the confidential

information, etc. and disclosing them to foreign representative

What is the nature of the first mode?
o Consummated as long as there is intent; no need to actually

obtain. The mere entering consummates the crime.

Is this a war-time crime only?
o No. It can be committed even in time of peace

What are the two modes of committing piracy?

o 1. Attacking or seizing a vessel on high seas or Philippine
o

treason. But he is still a principal of misprision of treason.

waters
2. Seizing cargo, equipment, or personal belongings or

complement or passengers on high seas or Philippine Waters

Who may commit piracy?
o The offenders must not be members of the complement or
passengers
What if they are members of the crew or they are passengers?
o A. There is mutiny, not piracy, through:

Unlawful resistance to superior officer

or raising commotions and disturbances on board

o B. If there is taking of the implements or cargo of the vessel or
the passengers, for them to be liable under Art 122 or 123
they must not be part of the crew or complement.

If they are passengers or crew members, the act is

PROVOKING WAR AND DISLOYALTY DURING WAR (118-121)

violates regulations of neutrality issued by government

3. Correspondence with hostile country in ascending degree of gravity:
o A. if correspondence was prohibited by government
o B. if done through ciphers
o C. if the information is useful to the enemy
4. Attempt to flee to an enemy country

in treason. This statement is based on a UK case.

What is the punishment?
o Punished two degrees lower than treason, since the person

for a war involving or liable to involve the Philippines

o Or exposes Filipinos to reprisals
2. Violation of neutrality
o During time of war where the Philippines is not involved,

the-fact. The latter hides the principal. Misprision hides the

who committed misprision is punished as an accessory to

By unlawful or unauthorized acts, provokes or gives occasion

ROBBERY under the RPC Arts 293, 294

What are the Qualifying circumstances?
o 1. Seized a vessel by boarding or firing upon it
o 2. Pirates abandoned victims without means to save
themselves

1. Inciting war or giving motives for reprisals

68

3. Attended by murder, homicide, PI, or rape

Physical injuries include frustrated or attempted

crime of piracy. It is a single, indivisible offense. Do not apply

homicide. It must be used in its generic term.

What is the effect of RA 7659?
o RA 7659 merely expanded Arts 122 and 123, but under PD

EVEN IF a lot of people died or were raped, there is

Art 48.

532, there can be a separate crime of Piracy in Phil. waters or

high seas from piracy in Phil. waters or high seas in Arts 122

and 123.
When does PD 532 apply then?
o PD 532 one must prove that the perpetrators were purposely

organized not just for one act of robbery, but several

indiscriminate commissions thereof. There must be evidence
o

of similar attempts or takings before.

If there is only one, either Article 122, 123 or 293, 294

(robbery).
What is the nature of piracy on the high seas?
o Its a crime against the law of nations.
o Piracy on high seas has two aspects:

1. Violation of common right of nations

2. Criminal liability of the pirates may be imposed by

committed, they become separate crimes.

Does the use of an unlicensed firearm (RA 8294) qualify piracy?
o No. Even if they used unlicensed arms or explosives, there is
no violation of this statute.
Philippine waters is defined differently in PD 532, from that in the
Constitution:
o High seas: all parts of the sea not included in the EEZ
o EEZ: not extend beyond 200 nautical miles from shoreline
RA 9372 (HSA)
o Piracy in Philippine waters and the high seas are predicate
crimes of terrorism.

Arts 122, 123:

o 122-3 makes mention of the complement of vessel. Who

with these as predicate crimes.

RA 6235 aircraft hijacking is a predicate crime for terrorism

under RA 9372 too

What are the punishable acts under RA 6235?
o 1. Compel a change of course of a Philippine aircraft or seize
control thereof while in flight

When is it in flight?

When all the external doors are closed after

are these?

Under Art 648 of the Code on Commerce, these are

boy
What is the relationship of piracy with the common crimes

embarkation.
2. Compel foreign aircraft to land in Philippine territory or seize

committed to accomplish it?

o For these common crimes to be an element of piracy, they

control thereof while in the Philippines

3. Ship, load, or carry in public passenger aircraft explosive,

corrosive, flammable, or poisonous materials

4. Ship, load, or carry in cargo aircraft any of the same

all persons on board, from the captain to the cabin

If these are committed for purpose of

sowing terror in the population, then terrorism is committed,

municipal law of the country, where found

still one crime of piracy.

But if these crimes were committed after the piracy has been

must accompany the crime of piracy.

There is no complex

materials

crime of piracy with rape, or murder, or PI. There is only one

against

Association

69

regulations

by

the

Civil

Aeronautics

What are the special aggravating circumstances for the first two

o
o
o
o

offenses above?
o 1. Firing upon the pilot, crew, or passenger of the aircraft
o 2. Exploded or attempted to explode a bomb to destroy the
o

aircraft
3. Accompanied by murder, homicide, PI, or rape (same as last

II: CRIMES AGAINST FUNDAMENTAL LAW

ground of piracy)
P v. Catantan: There is crime under PD 532 even if offender did not
seize the vessel, but merely boarded it and inflicted PI on the occupant

ARBITRARY DETENTION (124)

or owner.

R.A. 9372 HUMAN SECURITY ACT

What is terrorism?
o Sowing widespread and extraordinary fear and panic among

the populace to coerce the government to give into an unlawful

demand, and committing the following any of the acts

enumerated.
What are the enumerated acts?
o Under the RPC

1. Piracy or mutiny

2. Rebellion/insurrection

3. Coup detat

4. Murder

5. Kidnapping and Serious Illegal Detention

6. Crimes involving destruction

o Under special law

1. PD 1613 law on arson

2. RA 6969 toxic substances and nuclear waste act

3. RA 5207 atomic energy regulatory and liability act

4. RA 6235 anti-hijacking law

5. PD 532 anti-piracy and anti-highway robbery law

6. PD 1866/RA 8294 illegal possession of firearms

Elements:
o 1. Offender is public officer or employee
o 2. Detains person
o 3. Without legal ground
What is gravamen of the crime?
o Detention without legal grounds by public officer or employee,
of another person.
How do you distinguish this from kidnapping?
o Arbitrary detention: public officer or employee vested with
authority to arrest or detain another person detains another
o

without any lawful cause.

Kidnapping: offender is a private person and the purpose is to

deprive the victim of his or her liberty.

Who are liable for arbitrary detention?
o Public officers or employees authorized to detain another
person.
o Ex. PNP, NBI, even judges acting in official capacity
Who are persons in authority, or agents of persons in authority
authorized to detain?
o LGC, Sec. 338:

Punong barangay

Members of sangguniang barangay

Members of lupong tagapamayapa

N.B. They are persons of authority but limited to their

and unlawful manufacture/use of explosives

1. Principals
2. Accomplices
3. Accessories
4. Conspirators (even if not yet executed)

Who are liable?

jurisdiction, in their respective barangays.

70

If they

arrest beyond their barangay, they are NOT persons in

o

authority under this provision.

Art. 152

Barangay captain

Barangay councilman

Barrio policeman
Forestry Code

District foresters are authorized to enforce Forestry

threats to kill, and similar threats. This is equivalent to using

actual physical force to detain.

Take note of circumstances where people can be arrested without a
warrant (in flagrante delicto, etc.).

Usual cause of Arbitrary Detention charge is arresting a person without

warrant.
o Ex. a person evading his sentence may be arrested on the run

Code and may arrest violators.

Forest officers or employees of bureau of forest

without a warrant, because he is committing an offense in

arrest to arrest.
Sec. 44 of RA 9165 Dangerous Drugs Law

School heads, supervisors, and teachers are persons

Dangerous Drugs Law within school premises or

PNP; they are composed of civilian volunteers. Under

EO 264, they MAY arrest. So they can be liable for

arrested for inciting to sedition.

P v. Lozada: Hot pursuit based on actual facts, with the use of
the senses of the policemen, with reasonable basis to believe

outside school premises in an official school activity

Are the members of the CAFGU persons in authority?

Yes. They are authorized to carry firearms, to

complement the operations of the regular force of

flagrante delicto.
David v. Arroyo: Mere fact that the accused was wearing a tshirt saying oust Gloria now is not a reason in itself to be

of authority, for the purpose of enforcing the

Failure to comply with these

exceptions and yet arresting without warrant is Arbitrary Detention.

management they do not even need a warrant of

o

Fear has been known to make people immobile. This includes

arbitrary detention.
May a private person be liable for arbitrary detention?
o Yes, but only if the private individual connives with the person

in authority.
What do you mean by detention?
o Psychological restraint and not just physical restraint is enough

for this provision, in whatever form, for whatever length of time.

Ex. keeping a child in a room, threatening her with a

big gun

that the person arrested is the author of the crime, etc.

Under the HSA, may a person be arrested for act of terrorism, and
for how long must the arrested person be detained?
o Maximum of three days.
How may arbitrary detention be committed?
o Arbitrary detention may be committed by dolo or culpa.

Ex. of culpa: Re-arresting a person who was released

by means of order of the court.
May there be a complex crime of arbitrary detention with PI?
o Yes. This happens when there is excessive force in the arrest.
Are the periods provided in Article 124 essential elements of the
crime?
o No. These just provide a guide for calculating the sentence.
What if a person arrested is later acquitted after trial?
o This is fine. He need not ACTUALLY be convicted as having
committed a crime enough to examine the nature of his deed

71

and how the officer at the moment characterized the act.

(Existence of probable cause)

complaint or information is filed, with the court for appropriate

judicial proceedings.

N.B. Not a Preliminary investigation.

ARBITRARY DETENTION THROUGH DELAY IN DELIVERY OF PRISONERS TO

JUDICIAL AUTHORITIES

(125)

proper time period

Under the HSA, what are the duties of those conducting custodial

requires waiver of Art. 125 under Crim. Procedure)

Take note of rules on inquest. Art. 125 talks about
those

LAWFULLY

arrested,

but there

was no

immediate delivery to the courts.

The inquest must be terminated within period stated in
Art. 125. Or else, the policeman will be liable under

this provision.
To whom must the detainee be delivered?
o MTC, RTC, Family Court, or SB
o Not to the CA, not to the SC. They are not trial courts.
If there was no warrant of arrest or commitment order, but the

information or complaint was filed, is there delivery?

o Yes.
Alvior v. Auguis: [Context: before, the MTC may still conduct PI, but now

rights of persons under custodial investigation)

Before detaining a person after warrantless arrest, he MUST
first deliver the person to the nearest office OR RESIDENCE of

(Theres a

reason why resorting to preliminary investigation

Elements:
o 1. Offender is public officer or employee
o 2. Detained a person legally
o 3. Fails to deliver person to proper judicial authorities within

investigation?
o N.B. More expansive than duties in RA 7438 (Act defining

Means constructive delivery, which is time the appropriate

a judge, so judge can:

1. Ascertain identity of officer and arrested person

2. Determine circumstances behind arrest

3. Check for torture, or other abuses

Then, the judge delivers within 3 days to nearest court with

they cannot under the amended ROC.]

The person was lawfully

arrested then delivered to MTC, but the judge was not there.

jurisdiction his report.

Does the law apply to crimes defined by SPL?
o Depends, if the penalties used follow the nomenclature of the

The

arresting officer did not release the detainee. He just delivered to the
clerk of court. HELD: Liable for failure to deliver, because the clerk
cannot conduct PI anyway and the judge was not there.
o Note: If the case is cognizable by the OMB or Sandiganbayan

RPC.
How do you determine the imposable penalty?
o 12 hours light
o 18 hours correctional
o 36 hours afflictive
o (3 days under the HSA)
o What is the basis for the nature of the crime?

What crime as it appears to the arresting officer, and

there is agreement between OMB and DOJ, where the DOJ

NOT what the crime actually turned out to be.

What is delivery to judicial authorities?

can conduct PI but they have to submit findings to the OMB.

How does Art. 12, par. 7 apply as defense?
o There can be defense of insuperable cause for delay in
delivery.
What about delay in delivery of a person arrested lawfully by a
private person?

72

Delay in delivery of a prisoner arrested lawfully by a private

person amounts to ILLEGAL DETENTION, not arbitrary

detention.
Does Art. 125 apply to arrests with warrant?
o No. Article 125 only applies to warrantless arrests.
What if the officer fails to comply with Article 125?
o Failure of officer to comply with Article 125 does not affect the

without further proceedings, except if the penalty is death

ARBITRARY DETENTION THROUGH DELAY IN RELEASE (126)

in a place designated by court, and may not change residence

detention prisoner) beyond period provided.

2. Unduly delays service of notice of such order to the prisoner
3. Unduly delays proceedings upon petition for liberation

Proceedings mentioned in the article: petition for

habeas corpus

Offenders:
o Heads of jail or penal establishment
o Custodial guards
Who may order release of prisoner?
o Either the courts or the prosecutor, or the director of Bureau of

from returning to the Philippines.

What is the power of the President to deport?
o With respect to aliens, with respect to the Deportation Board,

the President has the power to deport aliens.

What is the effect of an extradition treaty?
o If the Philippines has an extradition treaty with another country,

extradited to that other country.

HSA RA 9372 one charged with terrorism may be granted bail, but
placed under house arrest under usual place of residence until further

Prisons
What is the penalty?
o Same penalty as 124, because failure to release is tantamount

order of court.
VIOLATION OF DOMICILE (128)

EXPULSION (127)

without prior notice.

Marcos v. Manglapus: Heirs of the late President Marcos are barred

may compel a person in the Philippines to be deported and

to arbitrary detention.

(although no more DP under RA 9346)

Under Probation Law: may the person be compelled to change his
residence?
o Yes. Sec. 10. The court may require the probationer to reside

What is the nature of this crime?

o Another crime by omission.
Acts punishable:
o 1. Officer delays release of arrested person (either convict or
o
o

dwelling.
Relate to RA 9165, Sec. 31:
o In addition to the penalty provided for in the DDA, any alien
who violates the provision must be deported immediately

legality of the confinement.

What if the person is not one?

If NOT authorized, then the crime is trespass to

When is one liable for expulsion?

o He must use force, violence, or other measures to compel

another to change his residence against his will

Who can commit this crime?
o Can only be done by public officers or employees.

May be violated through 3 modes:

o 1. Entered dwelling
o 2. Searched without consent
o 3. Entered and refused to leave
If all three of these modes are committed, how many crimes are
committed?

73

felonies.
Who may commit this crime?
o May only be committed by public officers or employees with
o

Just one. Remember, these are modes and not individual

Basis of this statement is the phrase in addition to the liability

attaching to the offender for the commission of any other

authority to arrest, or to seize property of another.

Article 128 does not apply to public officer or employee who

offense
If the officer applied for search warrant without probable cause,
and uses the warrant to extort money. Is the police officer liable
for malicious procurement?
o Yes. Because he was acting in BF. There was malice.
o If the policeman applied for a warrant in GF, but it was denied,

entered dwelling of another in hot pursuit.

Is it possible that the consent of the owner of the house is denied
impliedly, and not expressly?
o Yes. It may be implied or express, in spite of the laws

there is no crime committed.

If officer knew deposition was false, but still submitted it to obtain

language (without the previous consent of such owner)

What if there is unusual ingress?
o If entry is made through a way not intended for ingress, there is

entry against will of owner denial is implied

Owner: does this include lessee of the house?
o Yes. Residence under this provision is the place where the

warrant, what are the crimes?

o 1. Procurement of malicious search warrant
o 2. Art. 184 offering false testimony in evidence
What is the liability of the one who made the deposition and knew

person is habitually present; and from where he departs and

it was false, but still came up with deposition?

o Perjury
Mode 2: when a search warrant was lawfully obtained, BUT in the

intends to return.

enforcement, the officer EXCEEDED his authority.

o Usual example: the items seized were not in the warrant.
o Exception: plain view. But if not in plain view, he would

SEARCH WARRANT MALICIOUSLY OBTAINED, OR ABUSE IN SERVICE OF WARRANT

LAWFULLY OBTAINED

(129)

Acts punishable:
o 1. Procuring search warrant without just cause
o 2. Exceeding authority or using unnecessary severity in

executing legal search warrant

Does Article 48 apply in this instance?
o No. Remember: 129 is an EXCEPTION to Art. 48. When a
public officer obtains maliciously a search warrant by
submitting a perjurious affidavit or deposition, there are TWO

crimes committed

1. Perjury; and

2. Procurement of malicious search warrant

exceed his authority.

Can an officer break open a door?
o Officer may break open the door, if he is refused entry upon
o

knocking and identifying himself as an officer.

Knock and announce rule in warrants, BEFORE breaking a

door.
Breakage: includes lifting latch, unlocking chair or hatch,

turning knob, etc.

Does Article 129 apply to searches by employees of the Bureau of
Customs?
o No, because authority is based on Art. 2203 of Tariff and
Customs Code, in enforcement of customs law.

74

N.B. BOC officials do not possess authority to do searches in

domicile

which is calculated to affect or confuse the mind or

PROHIBITION, INTERRUPTION, DISSOLUTION OF PEACEFUL MEETINGS (131)

Who can commit this crime?

o Only committed by public officers.
o If done by a private person, it is serious disturbance/tumults

or his agent upon a person in custody causing severe

(Art. 153).
What if it is committed by a member of the meeting?
o Its not interruption of peaceful meeting. It must be done by a

stranger to the meeting.

o If done by a member of the meeting, it is unjust vexation
Acts punishable:
o 1. Prohibiting/interrupting/dissolving peaceful meeting without

legal ground

If the meeting is not peaceful, it can be broken up

2. Hindering persons from joining lawful association or

preventing them from attending

3. Prohibiting or hindering persons from petitioning to

who gave an order

Liable as principal
3. Immediate commanding officer of the unit or immediate
senior public official who knew of the torture/CIDT and couldve

Interruption of religious worship

Offending religious feelings

R.A. 9745 (ANTI-TORTURE ACT)

Punishable acts:
o 1. Physical torture

Act imposed by a person in authority or his agent

upon a person in custody that causes severe pain,
o

suffering, gross humiliation, or debasement

o 4. Secret detention, solitary confinement, incommunicado
Can torture or CIDT be justified by war?
o No. It is jus cogens.
Who are liable?
o 1. Principals (all three kinds)
o 2. Superior military/police official or senior government official

CRIMES AGAINST RELIGIOUS WORSHIP (1323)

undermine a persons dignity or morale

3. Other cruel, inhuman, and degrading treatment

Act of deliberate and aggravated treatment not falling

under the two above, imposed by a person in authority

authorities for correction of abuses or grievances

Act imposed by a person in authority or his agent

exhaustion, dysfunction, or disability

2. Mental or psychological torture

75

prevented it but didnt

4. Accessories:

A. Profiting from torture/CIDT (knew of it)

B. Concealing the torture/CIDT or

destroying

effects/instruments

C. Harboring, concealing, helping the principal escape

What are the special aggravating circumstances?
o 1. Torture resulting into death
o 2. Torture resulting into mutilation
o 3. Torture with rape or sexual abuse
o 4. Torture where victim became insane, an imbecile, impotent,
blind, or maimed for life
o 5. Against children
What is the nature of torture?

It is a separate and independent crime. It does not absorb

and is not absorbed by any other felony or crime committed as

a means or consequence thereof.

What is the applicability of the RPC?
o 1. It is suppletorily applicable
o 2. Any crime punished as a Crime against Persons (Title 8) and

offense, which differentiates it from other offenses. It may be

Crimes against Personal Liberty and Security (Title 9) and

committed by a single or a series of acts for achieving any or

attended by any of the acts constituting torture/CIDT are

punished in their maximum period.

So what is the dual nature of torture (important)?
o Torture is both an aggravating circumstance and a separate

and independent crime in itself

Can torturers be subject to amnesty?
o No, by express provision, as to not depreciate the crime

Rebellion, sedition, disloyalty

REBELLION OR INSURRECTION (134)

What are the elements of rebellion?
o 1. Rising publicly and taking arms against the Government
o 2. For purpose of removing from Phil. allegiance the territory of

depriving the President or Congress of any of its powers or

prerogatives
Distinguish rebellion from insurrection:
o Rebellion overthrow government and supersede it
o Insurrection minor change as to certain matters in

consummated. There is no need to achieve the goal.

o Likewise, no frustrated coup detat.
o No need for actual clash.
Is being a member of the CPP rebellion?
o No. Mere membership in CPP is not rebellion. But being a
rebellion.
Is subversion a crime?
o No more crime of subversion.
Rebellion is a crime against public order. What about terrorism?
o It is a crime against national security and the law of nations.
o There can be a crime of international terrorism; it a crime much
like international piracy, where anyone may capture the

government or to prevent exercise of government authority as

The liability under the NCC is apart from liabilities in the RPC.
May there be frustrated rebellion?
o No. When the intent + overt acts are present, the crime is

member of the NPA, the military arm of the CPP, constitutes

the Philippines (or any part thereof or naval/armed forces),

all of the purposes stated in the RPC provision.

What must concur for rebellion to exist?
o For rebellion to exist there must be intent + overt acts.
o Common crimes are absorbed by the political crime.
o But even if the common crime is absorbed by the political
crime, there may be civil liability for these predicate crimes.

III: CRIMES AGAINST PUBLIC ORDER

o Insurrection and rebellion are both political crimes.

o Involves any part of the country; or whole country
o Can be private or public individuals
o Rebellion is a vast movement of people; involving multitudes
Is rebellion a continuing crime?
o Yes. SC declared that rebellion is by nature, a continuing

to certain matters
What is the nature of rebellion?

76

suspected terrorist anywhere.

Can there be a complex crime of terrorism with rebellion?
o No. Rebellion is simply a predicate crime of terrorism.
o Why is rebellion a predicate crime of terrorism?

Because committing rebellion can sow widespread

fear.
In the same way, murder is a predicate crime,

because multiple murders or maybe murdering one

key person like the President could cause widespread

panic or fear.
How is terrorism different?
o Terrorism is different because the purpose is to achieve the

What are the modes by which coup can be committed?

o Violence, intimidation, threat, strategy, stealth + swift attack
Does it absorb common crimes?
o Some, but not all common crimes
o Is rape absorbed by coup?

No. Rape cannot be absorbed, because it does not

help forward the power of diminishing power (unlike in
o

illegal demand on the government. It may be political, and it

may not it may be purely monetary.

What is the main difference between terrorism and rebellion?
o For terrorism, there must be widespread panic and fear; and

there must be an unlawful demand against the government.

NOTE: terrorism is a specific intent crime, as with

o

rebellion so there is a difference in the

In contrast, rebellion is merely a crime against public order.

(136)

of powers/prerogatives

COUP DETAT (134-A)

Omil v. Ramos: Conspiracy to commit rebellion or coup detat is a

continuing crime. (Believe it or not, according to J. Callejo)

Elements of coup detat?

o 1. Swift attack accompanied by any of the modes below,
o 2. Against:

A. Duly constituted authorities of the Philippines

B. Any military camp or installation, communications

DISLOYALTY (137)

network, public utilities/facilities for exercise of power

3. Carried out by military or police or public officers

With or without civilian support

o 4. To seize or diminish State power
What is the nature of coup detat?
o Also a political crime
o Intent is to diminish State power (eminent domain, taxation,
o

consummated, even if the purpose is not achieved.

There can be attempted coup detat, but not frustrated.

CONSPIRACY AND PROPOSAL TO COMMIT REBELLION, INSURRECTION, OR COUP

Territory or any part; 2) or deprive Chief Executive or legislative

8294)
Is there a frustrated crime of coup detat?
o No. The moment there is intent + swift attack, the crime is
o

Objectives: 1) remove allegiance to government of the Phil.

rebellion, where rape would help sow public disorder.)

What about murder in coup detat?

It can be absorbed, because it helps further the intent.

What about use of explosives?

Use of explosives is absorbed by coup detat (RA

police power)

77

When is there disloyalty?

o 1. Failed to resist a rebellion by all the means in their power

Mode: crime of omission

May invoke Art. 12 (fear, force, intimidation, etc.)

o 2. Continuing to discharge functions
o 3. Acceptance of public position
Is motive material?
o Motive of public officer is immaterial; whether it is gratuitous or
not
When does disloyalty lose juridical existence?

If the officer commits overt acts of rebellion (e.g., he continues

discharging his office and he commits murder or malversation

Tumultuous public uprising more than

Is it a public crime?
o Yes. Sedition is a crime against public order and the tranquility

of the general public

When is the crime consummated?
o Again, the crime is consummated upon concurrence of intent +

to help the rebels), then the crime becomes rebellion, not

disloyalty
INCITING TO REBELLION OR INSURRECTION (138)

What is the punishable act?

o Writings or speech must be done with intent to induce the

readers or listeners to commit rebellion or insurrection

What if the listeners do not act upon the incitement?
o If the listeners are not incited, they are not guilty of any crime.

overt acts.
Motives:
o [Preventing exercise of functions of execution of law]
o 1. Prevent promulgation or execution of and law, or holding of

But the person speaking is guilty for inciting.

What if the listeners are incited to rebel?
o If the listeners are incited to commit rebellion, all of them,

popular election
2. Prevent National, provincial, or municipal government or

including the inciter, are ALL principals for the crime of rebellion

Inciter PDI

Listeners PDP

o
o

officer from exercising functions or preventing execution of AO

N.B. no barangay official in the enumeration

[Act of hate or revenge]
3. Inflict act of hate/revenge upon person or property of public
officer or employee

Contrast with

SEDITION (139)

What is sedition?
o Sedition is the raising of commotion or disturbance in the state;
revolt against legitimate authority, public corporation, social

classes, etc.
o Ultimate objective: violation of the public peace
Elements of sedition?
o 1. Rise publicly and tumultuously
o 2. To obtain by force, intimidation, or other illegal methods
o 3. Any of the following motives/purposes discussed below
Key term:
o Publicly and tumultuously
o What is tumultuously?

Full of public commotion, or uproar.

Essence: intent + tumultuous uprising

o When is there public uprising?

direct

assault:

here,

there

is

tumultuous public uprising

4. Commit act of hate/revenge against private persons or social

o
o

class, for political or social end

[Despoiling]
5. Despoil any person, municipality, or province, or National
Government of all its property or part thereof, for political or

social end
What laws are included in par. 1?
o Laws in general, even political in nature, as well as civil and

criminal laws; ordinances of municipal or provincial boards

Who are the officers included in par. 2?
o Includes judges and justices, and constitutional officers;
o

78

municipal council, provincial government or board

BUT NOT barangay officials or council

Although they are included in par. 3

In both rebellion and sedition, there is a public uprising. What is

2. Uttering seditious words or speeches tending to disturb

the difference?
o Rebellion to achieve political purpose, they take up arms
o Sedition as long as tumultuous; they do not take up arms,

public peace
3. Writing, publishing,

government or authorities tending to disturb public peace

N.B. For #2 and 3, no need to have any of the enumerated

because they do not intend to overthrow the government

o three persons who are armed participating therein
What are crimes of hate/revenge in paragraphs 3/4?
o Crimes against persons (murder, etc.)
o Crimes against property (arson)
o Victim may be private or public officials, whether of national or

separate crimes
N.B. Differentiate from rebellion or coup which allows

of

No crime of proposal to commit sedition; just conspiracy

INCITING TO SEDITION (142)

provincial/city/municipal board

Meeting of barangay council is not included here

Liable for grave coercion under Art. 286

May be committed by public officers or employees

DISTURBANCE OF PROCEEDINGS (144)

CONSPIRACY TO COMMIT SEDITION (141)

Elements?
o 1. Through force or fraud
o 2. Preventing the meeting of the Congress, any of its
subcommittees/subdivisions, constitutional commissions, or

board/Congress)

purposes
Article 142 punishes also those who conceal such evil practices

ACTS PREVENTING MEETING OF CONGRESS AND SIMILAR BODIES (143)

NOT apply Art. 48

They are are separate and independent crimes

Ex. P v. Cabrera- guilty of sedition, and murder as

crimes.
When can there be a complex crime involving sedition?
o Sedition and Art. 143/144 (prevention of meeting

and

Crimes against popular representation

absorption. Neither rebellion, coup, or sedition allow complex

libels

in this case, but an act of a principal.

those committing sedition are these absorbed?

o NO! They are not absorbed. Neither are these complexed. DO

scurrilous

(inciting to sedition). What does this imply?

o Concealing such evil practices is not an act of an accessory

local government
What about crimes of murder, homicide, PI, arson, committed by

circulating

Two modes of committing this crime?

o 1. Disturbing the meeting of the bodies enumerated, or
o 2. In the presence of any of such bodies enumerated,
behaving in a manner as to interrupt proceedings or impair due

Does freedom of speech include inciting sedition?

o No. Freedom of speech does not protect inciting to sedition
Punishable acts:
o 1. Inciting others to commit acts of sedition

79

respect
Who must commit this crime?
o Offender must NOT be a member of the body disturbed; he
must be a stranger to the deliberative body
N.B. Again, barangay council meeting not covered by this provision

Can there be a complex crime?

o Yes. If they commit crimes of violence like homicide to disturb

the meeting, there CAN be a complex crime under Art. 48

VIOLATION OF PARLIAMENTARY IMMUNITY (145)

Elements of first mode?

o 1. Through force, intimidation, threats, fraud
o 2. Prevent a member of Congress from:

attending session or meeting

expressing opinions or casting vote

Elements of second mode?
o 1. Public officer or employee
o 2. Arrests or searches member of Congress
o 3. While Congress is in regular or special session
o 4. Unless the crime committed is more than 6 years
Correlate with the Constitution:
o Art. 145: amended by 1987 constitution.
Parliamentary

o
o

protected (since this is up to 6 years only)

Ex. But if the gun is high caliber, he is not immune (this is

rebellion/insurrection, sedition, or direct assault

Whether armed or not

Who are the leaders or organizers of illegal assemblies?
o May be determined by their speeches, publications, pamphlets,
banners, leaflets indicating roles and responsibilities
If there is one with an unlicensed firearm, and he attended an
illegal assembly, is he liable for RA 8294?
o No, because he is committing another crime. So he cannot be

guilty of violating RA 8294.

Under the first form, a meeting with presence of an armed person
to achieve a crime in the RPC is proscribed. If they ACTUALLY
commit the crime, what happens to illegal assembly?
o It loses its juridical existence. It becomes a mere preparatory

immunity only applies up to prision correctional (the provision

says prision mayor).
Ex. If a congressman is in possession of low-caliber gun, he is

2. Meeting where audience is incited to commit treason,

act.
What about the second form?
o It is a point of disagreement as to the liability of the person who
incites the commission of treason, rebellion/insurrection,
sedition, or direct assault:

Some say the crime is inciting to rebellion or sedition

BUT the problem is, it is an element of illegal

assembly (146), so how can one commit inciting to

prision mayor)
They are also immune from searches under this provision. But it is not
o

in the Constitution.

rebellion or sedition?
J. Callejos opinion:

If the inciter is NOT a member of the assembly (an

Illegal assemblies and associations

ILLEGAL ASSEMBLIES (146)

Two forms of this crime :

o 1. Meeting conducted for the purpose of committing any crime

punishable under RPC

AND there were armed persons

options to charge with:

1. Illegal assembly, or

2. Inciting to rebellion or sedition

What is the presumption if one carries an unlicensed firearm to the
meeting?

80

outsider) he is liable for inciting.

If the inciter is a member the government has two

1. Presumed that the purpose of the meeting is to commit

violations of the RPC

2. The person will be considered a leader or organizer of the

meeting (and is punished PC instead of AM)

force or met with serious intimidation or resistance

What are the forms of direct assault?
o 1. Without public uprising, use force/intimidation to attain any of
the purposes in rebellion or sedition:

[Rebellion]

A. Remove allegiance from Philippines the national

ILLEGAL ASSOCIATIONS (147)

What are the two types of illegal associations?

o 1. Totally or partially organized to commit any of the crimes in
o

territory

the RPC
2. Totally or partially organized for some purpose contrary to

public morals
What are public morals?
o Estrada v. Escritor: those which are detrimental or dangerous
to conditions helpful for the advancement of society
o Not religious morality, but secular morality.
What was added by RA 9208 (anti-trafficking law)?
o Punishes association organized to propagate or promote

immoral doctrines, obscene publications or shows, sex tourism,

sexual exploitation, pornography

What was added by the HSA (RA 9372)?
o Sec. 17: Public officers may petition that an association may be

declared as one composed of those conspiring to commit

terrorism

Assault upon, resistance, or disobedience to PIAs or their agents

DIRECT ASSAULTS (148)

It is consummated when a person of authority is attacked with

What is the purpose of Article 148?

o Intended to protect those exercising official functions and to

guarantee dignity and authority

What is the nature of Direct Assault?
o It is a FORMAL CRIME. It is not a material crime.
o There can be no attempted or frustrated direct assault.

81

any

part

thereof,

depriving

President/Congress of powers over it

[Sedition]
B. Prevent exercise of powers/execution of law
C. Acts of hate/revenge against public officer or social

class for political or social end

D. Despoiling any person or public subdivision of

property for political or social end

2. Attack, use force, or seriously intimidate or resist a PIA or

any of his agents

While in the performance of duties

Which is more common?
o The first form rarely occurs (its difficult and rare to achieve
these ends without a public uprising)
o Second form is more common
Who may be liable in second form?
o Private individual, person in authority, or agent of person in
authority
Under what circumstance is direct assault committed?
o Crime may be committed when PIA or agent is performing duty
o Or he was attacked for past performance of duty
What does seriously qualify?
o Seriously qualifies only intimidate and resist but not attack
o

or

or the use force, which only requires a laying of hands

So if there is use of force, degree of force is not material.

Degree is only important for intimidation or resistance.

Is motive important?

For second form, motive is not important

For first form, when one is not performing his duty, then motive

Police,

comes into play

What are the elements of the second form?
o 1. The public officer was performing his duty or was attacked

sheriff
Municipal treasurer (since he is only a

o
o

for past performance of duty

A public officer goes to a locality to solemnize a

marriage and then he returns to his office.

En

route, he is assaulted. Is it direct assault?

Yes. When he is going back to his public

office after solemnizing the marriage, the

going back is part of his official duty.

If a mayor is attacked for past performance of

duty, is it direct assault?

Yes.
X attacked a barangay kagawad, but hit the

deputy ex-officio of the provincial treasurer)

Postmaster

Agents of BIR
o 4. Qualified if:

1. Committed with a weapon

2. Offender is public officer or employee

3. Laid a hand on the PIA

What if there is an agreement to fight?
o Husto v. CA Husto is an academic supervisor. The victim, an

they were just about to go out, Husto could not wait; he

grabbed an ashtray and smashed it against the others head.

o HELD: It was direct assault because they did not fight outside
What if the officer exceeds his authority?
o P v. Fook: Fook, a Chinese person, went to the Philippines. He
got body searched in immigration and he passed. He went

the time he was hit.

2. Accused knew or ought to have known that he was a public

back because he forgot something.

He got body searched

again. He got upset and resisted. He was charged for direct

officer or an agent thereof

Case: an officer in civilian clothes was surveying

o

a public market. Was there DA?

No. Because the accused did not know that

assault.
HELD: No direct assault. The PIA or his agent who exceeds
his power is NOT in the exercise of the functions of his office.
Here, they body searched Fook TWICE, which is beyond the

the accused was a police officer who was on

agent,

to Poblacion. Husto disagreed. They agreed to fight. When

Is it direct assault?

No. The tanod is not performing his duty at

confidential

academic supervisor too, wanted to transfer a favorite teacher

barangay chief tanod who was just sitting around.

Malacanang

24 hour duty.
And the accused killed the victim on a

scope of duty.
Resistance is legitimate against PIA or agent who exceeds
authority. How much resistance can be done depends on the

personal grudge.
3. He attacked, used force, or seriously intimidated/resisted the
PIA or his agent

What does Agent include?

82

extent of excess of authority.

When is one not liable for resistance?

For one not to be liable for resistance, the resistance

death?

Complex crime of direct assault with murder or

must be co-extensive with the excess of authority, and

just sufficient to repel the excess or abuse

What does lay a hand mean?
o To inflict upon PIA or agent a physical attack; holding; shoving;
o

etc., with intent to cause evil or injury

When a person lays a hand over PIA, the crime is direct
assault. It is not necessary to ascertain what force the law

results, there is just the crime of direct assault.

A mayor is on the way home or on the way to the office.
The accused robbed the mayor and killed him. What is the

term laying a hand.

When is force or intimidation serious enough?
o Depending on circumstances of the particular event.
In the following cases, there was direct assault:
o Accused punched a police officer several times
o Accused struck police officer with pen knife and wounded him
o Accused tried to stab the police officer but he missed still DA

crime?

Robbery with homicide.

The direct assault is absorbed by Robbery with

homicide, which absorbs crimes committed pursuant

(so need not actually strike the PIA)

Accused struck judge with dagger, after the judge convicted

to such.
X fired an SMG against police officers serving warrant.

What is the crime?

Direct assault with multiple attempted homicide

Can there be complex crime of DA with serious

him of theft
Recall that DA is qualified if committed with a weapon. What is the

disturbance under Art. 153?

Yes. If election inspectors or watchers are holding a

special nature of qualified direct assault with the use of a weapon?

o It is a special aggravating circumstance; cannot be offset by

meeting to canvass, and they were assaulted, causing

generic MC.
Not enough to merely carry a weapon.

weapon to assault the victim.

Mere aiming of a gun at a PIA is qualified direct assault

serious disturbance: there is a complex crime of direct

He must use the

assault with serious disturbance

How do you reconcile DA with Less Serious Physical Injuries (Art
265), which provides a distinct penalty if the victim is a PIA?
o Art. 265 If there are less serious PI, the crime is less serious

because there is intimidation, with use of weapon.

What if a diplomat is assaulted?
o RA75, sec. 7 (Assault of diplomat) is a special crime
o A crime is committed by any person who assaults, strikes, or

PI. The PIA must not be performing his duties when the less
serious PI is inflicted, or it is not by reason of past performance
o

wounds a public minister or ambassador, contrary to law of

homicide
When is there none?

But if direct assault is committed and ONLY slight PI

requires, since the law itself defines the force by providing the

What if the assault on the PIA or agent results to his

of duty.
Art 48 Direct assault with less serious PI if the PIA is in
performance of his duty or is attacked for past performance of

nations
There can be a complex crime of direct assault with another felony.

83

duty.
Who else can be PIAs?

o
o

Lawyers and teachers can be PIAs

Correlate with RA 9165 (DDAs) teachers and professors are

What is the doctrine laid down by Senate v. Ermita (EO 464)?

o The President of the Philippines and members of SC are

PIAs when performing their duties

o

INDIRECT ASSAULTS (149)

Executive, they cannot be compelled to answer queries of

Elements:
o 1. There is direct assault against an agent of a person in
o
o

authority (under Art. 148)

2. A person came to the aid of the agent
3. The offender uses force or intimidation against such person

admin functions
RESISTANCE AND DISOBEDIENCE TO A PIA/AGENT (151)

to the aid of PIA or agent, and that person is himself

agent of a PIA.

agent but not falling under the prior provisions

Public disorders
SERIOUS DISTURBANCE/TUMULTS (153)

If he himself is attacked, then he

becomes an agent of a PIA it becomes direct

assault
There is only indirect assault if the private person
comes to the aid of the agent of the PIA.

Acts punished as tumults/other disturbances of public order:

o 1. Serious disturbance in public place
o 2. Interrupting or disturbing gatherings not included in 131 or
o
o

DISOBEDIENCE TO SUMMONS (150)

What are the acts punished?
o 1. Refusal to obey summons of Congress, or any commission
o
o
o
o

When does this provision apply?

o When there is resistance or serious disobedience of a PIA/his

assaulted.
J Callejo agrees with Regalado: Guevara and Reyes did not
take into account RA 1978:

If one who goes the aid of a PIA, he becomes an

Senate
Relate to Sec. 35 of HSA:
o Any information secured in violation of anti-terrorism law is
inadmissible in evidence in any judicial, QJ, legislative, or

coming to the aid of the agent

There is disagreement again as to this provision.
o Guevara and Reyes: WRONG about this

Said there is indirect assault if there is a person going

exempt from powers of inquiry

If President does not agree with attendance of members of

authorized to summon witnesses

2. Refusing to be sworn in
3. Refusing to answer legal inquiry or produce documents
4. Restraining another from attending as a witness therein
5. Inducing disobedience to summons or refusal to be sworn in

o
Relate

132 (thus, neither political nor religious)

3. Making outcry tending to incite rebellion or sedition
4. Displaying placards or emblems which provoke disturbance
of public place
5. Burying with pomp one who is executed
to
Art.
131:
When
is
one

guilty

under

disturbance/prohibition of peaceful meetings?

o For policemen to be guilty under 131, the person must be a

(#1 or 2)

84

stranger to the meeting.

What are the limits to right of assembly? What is the test?

Clear and present danger of substantive evil, with imminent

danger posed against the public interest

What does BP 880 require before a rally can be conducted?
o There is need to secure a permit

When can permit be denied?

CPD
o N.B. But for freedom parks, there is no need for a permit
o Calibrated preemptive response maximum tolerance

Art. 131. This is not a religious ceremony, but a rally.

Distinguish 153 from 155 (Alarms and scandals)?
o In both cases, there is disturbance
o 153 causing of public disturbance, and the offender had the

o
o

Distinguish:
Interruption
of
peaceful
meetings
(131)

Serious disturbance
(153, p.1) taken in
contrast with 131

Interruption
of
gatherings (153, p.2)

Caused
officer

Caused
officer

Caused by a private or
public officer

by

NOT part
assembly

public
of

the

by

public

Part of the assembly

Covers
peaceable
assemblies or rallies

NOT
part
assembly

of

people at that time

The locus of the crime is determinative of its nature. What do you
mean by this?
o The place where it is committed.
o Public place is one that is open to all, as distinguished from

the

Covers
normal
gatherings
(non
political, non religious)

domiciles.
Under second mode of 153, what are the elements?
o 1. There is public performance or function

Suppose someone disturbs court proceedings, is

it covered by the second mode?

Can be charged with Art. 153, because

What is the nature of the crimes?

o 131 crime against the fundamental law of the State
o 153 crime against public order

So this really is just for normal gatherings, and not

under 155.
How do you determine if the disturbance is serious or not?

Look at the place, facts and circumstances

surrounding the cause of disturbance, and effect to

Cannot be committed
by culpa (there is intent
to seriously disturb)

intention to cause such serious disturbance

Cannot be committed by culpa

155 disturbance is not serious
What kind of disturbance must be caused in 153?

Serious. Otherwise, it will be alarms or scandals

these are open to the public.

Covers proceedings such as by COMELEC

o 2. There is disturbance caused
There is a presumption under law of tumultuous disturbance.
When does this presumption vest?
o If caused by more than 3 armed men.
o If there is actually a tumultuous disturbance, does the

one subject to fundamental rights

This does not include religious assembly, which is

presumption need to apply?

No need for the presumption.

covered by 132.
In a public rally of INC there was serious disturbance. Is
this covered by 131, 132, or 153?

85

In the causation of a serious public disturbance, there is SPI or

damage to property. Do you apply Article 48?

o Yes; there are two grave or less grave felonies committed in a
o

be liable for RA 8294.

DELIVERING PRISONERS FROM JAIL (156)

single act. (Ex. Disturbed COMELEC proceeding.)

Villanueva v. Ortiz there was complex crime of serious

disturbance with direct assault.

If there are two modes done, is there a complex crime?
o No, there is just one crime, notwithstanding multiple modes.
Distinguish inciting to rebellion/sedition from the third mode of

place. For 153, theres just tendency to incite.

Does the burying with pomp provision still apply?
o No, in light of RA 9346, nobody can be executed.

Acts punished:
o 1. Discharging firearm, rocket, firecracker, or explosive within
o
o

any town or public place

2. Charivari or disorderly meetings
3. Disturbing public peace while wandering at night or engaged

in nocturnal amusements
4. Causing disturbance or scandal while intoxicated while 153

is not applicable
Is Alarms and Scandals a specific intent crime?
o No. It is the result, not the intent that controls.
o Why does the provision say calculated to cause

alarm/danger?

Calculated to cause alarm or danger is an erroneous

o

person confined therein

2. Through the following means:

A. By violence, intimidation, or bribery

B. Through other means (lower penalty)

C. Taking guards by surprise outside

the

establishment (lowest penalty)

To what kind of prisoners does delivery of prisoners as a crime
apply?
o Applies to any prisoner, whether a detention prisoner or

ALARMS AND SCANDALS (155)

Elements?
o 1. Any person removes from jail or penal establishment a
o

violating Art. 153 (tending to incite rebellion/sedition)?

o Intent controls. For inciting, there has to be intent in the first

No. If there is another crime committed (155 here), one cannot

convicted prisoner
If the person is a convict, is there a crime when he

escapes?

Yes. Evasion of sentence.

If the person is a detention prisoner, is there a crime

committed?

No. He is presumed innocent.

Is the deliverer of prisoners a principal or accomplice?
o A principal under Art 156.
When is the crime consummated?
o The moment he steps out of the building where the cell is,
however brief it may be.
Is there a crime of frustrated delivery from jail?

No.
o May they be an attempted delivery from jail?

Yes.
If a mental retardate is transferred to a hospital, from jail, and he is
o

translation.
If there is discharge of firearm but there is no alarm caused,

then there is no crime under Art. 155.

If the firearm is unlicensed, can one be convicted under RA 8294?

delivered, is there a crime of delivery from jail?

o Yes. The hospital is an extension of prison.

86

If a person is in his house, can there be delivery?

o Yes. Because under arresto menor, there can be house arrest.
Who may be liable for delivery?
o 1. Those helping a co-prisoner
o 2. Employees of penal establishment, if without custody of the

Under Art. 8 (conspiracy), it can be a crime in itself or a mode. Is it

possible that conspiracy or connivance be an aggravating
circumstance? What is the effect if a co-prisoner connives?
o For delivery of prisoners from jail, if there is connivance, it

prisoner

What if he has custody of the prisoner?

Crime is infidelity in the custody of prisoners

Is it possible that a person with custody of a

o
o

prisoner is liable for delivery of prisoners and not

infidelity in the custody of prisoners?

Yes, if he was off-duty.

o 3. Private person
If a person delivered a prisoner and the prisoner had a change of

heart and decided to return, is the principal for delivery still liable?
o Yes.
Is there a provision in the HSA that punishes a custodian who lets
his prisoner escape?
o Sec. 44.
o Can this be committed by culpa?

Yes. It can be committed by negligence, as long as it

is inexcusable negligence.
If the detention prisoner is charged with parricide, and the person
delivered him, can not the person be charged as accessory under
Article 19?
o Yes.

just crime, but also aggravating circumstance.

What about bribery?

Bribery in this case can be deemed a means to

commit the crime of delivery.

If the public officer accepts a bribe to release the prisoner,

what are the crimes?

One giving money: corruption

One accepting money:

1. Bribery

2. Delivery of prisoners
But if the bribery was towards another prisoner, what is

the effect?

It would be a deemed a means to commit the crime.

What does the phrase other means mean?
o Example: craft or disguise
o What is the effect?

Arresto mayor (lower penalty)

If the other means used by the principal of delivery of prisoners is
a FELONY, what happens?
o Art. 48 applies. Example, if there was direct assault, attempted

The law provides that a person who helps escape a

person who committed parricide, murder, or treason escape,

o

aggravates the punishment.

So this is a THIRD character of conspiracy not just mode, not

he can be an accessory under Art. 19 to parricide, murder, etc.

So what applies now, Art. 19 or 156?

Either, as the prosecutor has a choice.

The prosecutor can choose ONE but not both.

N.B. the Art. 19 punishment is heavier than 156

homicide, physical injuries, etc.

What is the exception to this rule?
o The means provided specifically in Art. 156 (bribery), or fraud
(or other means that do not constitute crimes by themselves),
etc. do not attract Art. 48.

Evasion of service

87

EVASION OF SERVICE OF SENTENCE (157-9)

How is evasion of service committed?

o Committed by one convicted by final judgment who escapes

from prison.
If a person escapes from jail, and he is arrested without warrant,

not committing another crime during conditional pardon. Is the

violation of the conditional pardon a felony?
o Yes, it is a felony.
o What is the period for the condition?

Remaining period of the sentence if the penalty

would the policeman be charged with arbitrary arrest?

o No, because warrantless arrest is allowed for those who
o

escaped (Third exception)

Is evasion a continuing crime?

Yes, as long as he is escaping, he is committing a

1. If arresto menor, can spend sentence in house.

2. Sentenced to destierro and one entered the

prohibited place.
3. Hospital, which is an extension of the penal

institution.
Elements of evasion:
o 1. Convicted by final judgment
o 2. Serving of sentence which consists of deprivation of liberty
o 3. Escaping during sentence
Can one not sentenced to Final Judgment (ex. detention prisoner)

be liable for evasion of sentence?

o No.
Under what circumstances may a prisoner be not liable for evasion

crime.
Can one be guilty of evasion of sentence, although not confined in
a prison?
o Yes:

When does Article 48 apply and when does it not?

o If one uses violation or intimidation, it is absorbed.
o But if one commits a crime to evade, then Art. 48 can apply.
A convict was granted conditional pardon. The usual condition is

remitted is greater than 6 years

If less than 6 years, prision correccional in minimum

period
Is it necessary for the prosecution for violation of
conditions of pardon upon violation?

No. The C.E. can order the immediate arrest of the

person through Board of Pardon and Parole.

Is a violator of the conditions of pardon entitled to ISL?

No. It is provided in the ISL.

Circumstances qualifying offense:
o 1. Unlawful entry (by scaling)
o 2. Breaking doors, windows, etc.
o 3. Using picklocks, false keys, disguise, deceit, violence,
o

of service of sentence?
o 1. Detention prisoner
o 2. Deportee who violated deportation order
o 3. Youthful offender under 9344

Because rehab center is not a penal institution

Can a person serving sentence for an SPL be liable for evasion?
o Yes. As long as serving sentence, whether RPC or SPL.

intimidation
4. Through connivance with other convicts or employees of

penal institution
What if the convict evaded on circumstances of a catastrophe?
o And caught again, increase penalty by 1/5
o If he returns within 48 hours, decrease penalty by 1/5
For violation of conditional pardon through commission of the crime,
there can only be conviction under Art. 159 after conviction.

Commission of another crime during service of penalty

QUASI-RECIDIVISM (160)

88

Is quasi-recidivism (160) a crime?

o No, it is a special aggravating circumstance. It is committed

only by a person convicted by FJ for a crime, and he commits

o

another crime.
Does the second crime have to be a felony?

Yes.
It cannot be an SPL.
The law uses

nomenclature of penalties in RPC. (Maximum period

o
o

what is the effect to the penalty?

Since it is in the maximum, then the aggravating

IV: CRIMES AGAINST PUBLIC INTEREST

Forgeries

maximum.
He commits another penalty.

FORGING THE GREAT SEAL OR THE SIGNATURE OR STAMP OF THE PRESIDENT

(161)

Is he a quasi-recidivist

time, he can commit another crime with impunity.

What if he is a recidivist AND a quasi-recidivist?

Since recidivism is an aggravating circumstance too

quasi-recidivism.

Can forgery of signature or the great seal be committed by culpa?

o No. There must be knowledge and intent to use the signature
or great seal.
What is the presumption under this law?
o Presumption: possession of a document bearing the forged
signature or seal deemed to be the one who committed the

it leads to the maximum of the maximum.

But the law makes mention of Art. 62, par. 5. What is this?
o One is a habitual offender.
One who escapes from jail, is he automatically a quasi-recividist?
o Justice Regalado: No. Because the very act of evasion of

forgery.
USE OF FORGED GREAT SEAL, PRESIDENTS SIGNATURE OR STAMP (162)

sentence is an element of the aggravating circumstance of

Under Art. 62, par. 1 if the aggravating

Can only be committed with criminal intent, because the law uses the

word knowingly.
Who can commit this crime?
o Offender here is not the forger, because the forger is liable

circumstance in itself constitutes a crime punishable by law, it

is the effect?
o Maximum of the maximum of the more serious crime.
What is the best evidence to prove prior conviction?
o Court judgment.
What is the difference between reiteracion and quasi-recidivism?
o Reiteracion: needs final service of two or more lesser crimes,
or one graver or equal crime

again. If he is not a quasi-recidivist for the second

mitigating circumstances, quasi-recidivism cannot.

While serving sentence, a convict commits a complex crime. What

again?

Justice Regalado: He is a quasi-recidivist again and

Only difference: recividism can be offset by generic

of the second crime.)

Does the first crime have to be a felony?

No. It can be an SPL.

If the second crime has an aggravating circumstance,

circumstance will result into the maximum of the

o

Yes.

under 161.

is not taken into account.

o J Callejo: This still bothers me. No clear answer.
Can one be a quasi-recidivist and a recidivist at the same time?

MAKING, IMPORTING, AND UTTERING FALSE COINS (163)

89

What are the means to commit this crime?

o 1. Making false coins

o 2. Importing
o 3. Uttering with connivance
o N.B. if foreign currency, amount is immaterial.
When must the coin be considered legal tender?
o It must be legal tender in the Philippines at the time of violation.
o Ex. Using a forged 1-centavo coin, when is was not out of
circulation can still be punished
Can the first mode (making) be attempted or frustrated?
o Yes.
o Attempted one failed to perform all acts of execution except
o

IF they are not unloaded or brought to customs.

When is importation frustrated?
o Importation may be frustrated, if before they cross territorial

waters of Philippines, they are caught.

What does uttering mean?
o To offer the false coin, knowing it to be false, whether accepted
o

SELLING OF FALSE OR MUTILATED COIN (165)

when there is spontaneous desistance

Frustrated if the imitation is so imperfect, although all acts

were committed.
When is the second mode (importing) consummated?
o When the boat enters port or the plane enters airspace, EVEN

Two acts punished:

o 1. Possession of false/mutilated coin with intent to utter
o 2. Actual utterance of the coin
Possession includes constructive or physical possession of counterfeit
or mutilated coins
There must be knowledge that the coin is false
What if the one possessing with intent to utter is the counterfeiter?
o If the one possessing is also the counterfeiter, this crime is
absorbed under 163

FORGING, IMPORTING, OR UTTERING TREASURY OR BANK NOTES OR DOCUMENTS

PAYABLE TO BEARER

or not, representing that it is genuine, with intent to defraud

The offender must not be the maker (or else, he falls under

mode one), but there must be connivance

How many crimes are committed if the offender makes 1,000

counterfeit 10 centavo coins, and a few US coins?

o Test is number of currencies involved
What is the rule on territoriality of this crime?
o This crime can be prosecuted abroad, under Art. 2.
Is damage an element of utterance?
o No. Damage is not an essential element of utterance

(166)

What are covered by this provision?

o 1. Treasury notes
o 2. Bank notes
o 3. Documents payable to bearer
Three acts:
o 1. Forging or falsifying treasury/bank notes/documents payable
to bearer

N.B. Take note of modes to commit forgery of bank

MUTILATION OF COINS (164)

o 1. Willful defacement
o 2. Mutilation
o 3. Tearing
o 4. Burning
o 5. Or destroying currency notes or coins
Must be of legal tender
Coins of foreign currency are not included

Amended by PD 247, which punishes:

90

notes or treasury notes, etc. under Art. 169.

o 2. Importing false or forged bank notes
o 3. Uttering these in connivance with forgers or importers

Otherwise, see Art. 168

How can forgery be committed (Art. 169)?

1. Giving a treasury or bank note or instrument payable to

1. Treasury/bank note/ security payable to bearer or order is

o
o

forged or falsified by another person

2. Offender knows it was falsified
3. Used OR possessed with intent to use

Possession of genuine treasury

order or bearer the appearance of a true and genuine

o

document
2. Erasing, substituting, or counterfeiting, or altering figures,

letters/words, or designs in said instrument

When is there uttering under this provision?
o To utter is to offer the forged document, knowing it to be false,

win attempted estafa, because he was not able to encash it before

being caught
What about blank postal money orders?
o Blank forms of postal money orders are not official public

What does this provision cover?

o Documents payable to order
What are the acts punished?
o Same three acts of making, importing, and uttering with
o

connivance
N.B. Again, utterance here must be in connivance with forgers

higher penalty, impose higher penalty.

But only one crime is committed.

What is punished here?

o Resolution, ordinance, or bill referred to must be a genuine one
What kind of alteration must be made?
o 1. Alters the substance of that issuance
o 2. With deliberate intent (malice)
May a private person be liable under Art 170?
o Yes. The law does not distinguish.

FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE, NOTARY, ECCLESIASTIC MINISTER

(171)

or importers. Otherwise, see 168.

ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER
CREDIT INSTRUMENTS

prejudice for liabilities for violations of RPC

o So one can be charged under both RPC and 8484
RA 8239 (Forgery of passports)
o If it is also punishable under RPC, and the RPC crime has

FALSIFICATION OF LEGISLATIVE DOCUMENTS (170)

(167)

under 168
RA 8484 (Access devise law)
o Sec. 17 any prosecution under this law shall be without

COUNTERFEITING, IMPORTING, UTTERING INSTRUMENTS PAYABLE TO ORDER

obligations until filled up.

What about treasury warrants?
o Treasury warrant is a government obligation and is therefore
covered by Art. 169 of RPC

under this provision

What if its possession alone?
o Possession alone, without use or intent to use, is NOT a crime

documents, or treasury/bank notes. They are not certificates of

the

If the

accused bore a PCSO ticket and wrote in ink the number purported to

of

or erased with full knowledge of such alteration falls

whether accepted or not, with representation that it is genuine,

with intent to defraud
P v. Balmores a PCSO ticket is a government obligation.

notes

Philippines with any figures, letters, or words altered

(168)

How is a document under this provision defined?

o It is a deed or instrument or other authorized paper by which
something is proved, established, or set forth. (P v. Andaya)

Elements of crime under Art. 168?

91

Do 171 or 172 apply to electronic documents?

Yes, by specific provision of Sec. 6(h).

In fact, a document may be notarized electronically

A document notarized by a notary public without a

and considered a public document. If it is falsified,

commission is it a public document?

No. It is a private document.

How about pleadings of parties and papers submitted to

171 applies
What about documents incapable of producing legal

the court in the course of official judicial proceedings?

Pleadings of parties and papers filed by them which

effects?

A document incapable of producing legal effects

are involved in actions and submitted to the custody of

cannot be foundation of a right and thus CANNOT be

subject of falsification.
When is there falsification through taking advantage of public
position?
o 1. Has official custody of the document
o 2. When he intervenes in preparation of the document
o What is the test whether there is taking advantage of

the court are public documents

N.B. The roll of attorneys is also a public document.

What is an official document?
o Public officer takes part by virtue of official position, or any
o
o

public position?

If he uses influence, prestige, or ascendancy of his

being submitted to the government, as required?

The falsification of a private document before

office to commit the crime.

If a public officer or employee falsifies a document,

submission may nevertheless be falsification of public

and it is not part of his duties, he did not abuse his

172 (falsification of private individuals)

If a notary public falsifies a document outside his
o

territorial jurisdiction, did he abuse his public position?

NO. He is not a notary public outside his jurisdiction.

What documents are covered by 171 and 172?
o 1. Public/official
o 2. Commercial
o 3. Private
o N.B. if Legislative, see Art. 170
What is a public document?
o When an authorized person not a party thereto intervenes in a
o

or official document because it is destined to be such.

When one takes a civil service examination, are the exams
official documents?

The booklets or papers submitted to the CSC are

public position. He is guilty NOT under 171, but under

o

document which has become part of the public records

Is a passport an official document?

Yes. RA 8239.
How about a private document that is falsified before

official documents.
How about a personal data sheet submitted to the CSC for
appointment to public position?

It is a public document, because such document is

required by law.
The mere fact of preparation occurred before
submission does not affect its status because the

document
Also, reports made by officials in their official duty

document is destined to be part of public record.

What is a commercial document?
o Used by merchants or business to promote or facilitate trade or
credit transactions

92

Is a cash disbursement receipt a commercial document?

No. Batulanon it is a private document. Merely a

cases involving falsification of time records, there

must be proof of damage to the government (e.g.

without intervention of public notary or person legally

weird, because usually, damage is not an element of

salary paid for services not rendered). BUT this is

the employee to be paid salary and earn leave credits for

services never rendered.

Contrast: In Flores, damage is not an element,

identity of the persons who were recipients of the checks.

He did NOT alter the document, he merely endorsed without

because potentially, the government can be damaged.

What prevails?

Flores is the sounder doctrine.

A COMELEC registrar, who was also a lawyer, was allowed by
o

due diligence.
How about a private document? Can it be falsified by culpa?
o No. There has to be intent to damage or damage caused. It
o

falsification of public document.

Flores: The falsification of a daily time record automatically
results in financial losses to the government because it enables

by culpa?
o Yes. Samson case X endorsed checks without knowing the

In the prosecution of

receipt issued.
It is a private document executed by private person

authorized
o Is a sales invoice a commercial document?

Yes.
May falsification of public or commercial document be committed

HELD: Layug was acquitted.

COMELEC to appear for poor litigants. He submitted a DTR saying that

cannot be committed by culpa.

But not for commercial, public, or official document no need

he was in the office, but he was actually in court attending to poor

litigants. He was charged with falsification.
o HELD: Even if he was not in the office at that time, the

for intent to damage

Layug v. Sandiganbayan vis--vis Flores v. Layosa.
o Layug: an ordinary government employee has a time record

COMELEC allowed him to appear for poor litigants. He was

performing a duty authorized by the COMELEC. There was no

measured through Bundy clock. Layug is a teacher in Davao

national high school. He said in his record that he went to

class and taught from 8:30-11:30, 1:30-4:30. But some of the

falsification.
Spouse is a janitor, but before the janitor died, he received his check.
Before the check became due, the janitor died.

time, he spent in the library. He was charged for falsification,

The widow already

received it. She cashed it, thinking it was leave credits value. The

because he said in his time record that he taught in certain

check was worth X amount, though the janitor had leave credits

times, but he was just in the library. No question, the time

exceeding the amount of the check. She was charged with falsification.
o HELD: Acquitted. She was acting in good faith. There was no

record is a public document. He was charged for falsification

of a public document ELEVEN times. But he did not get his

damage to government; in fact, the government owed the

salary for the time he was not teaching. QUESTION: Is he

guilty for falsification of public document even if there is no

damage to the government?

janitor pa.
Is the spuriousness of a document a defense against charge of
falsification?

93

o
o

No.
X got a warrant of arrest, falsified signature of the judge, and
had his wife arrested.

o
o

He claimed he was not guilty of

make it seem that they said/did some things they did not do

falsification because it was a spurious document in the first

place.

HELD: Convicted. There can be falsification even if it

is a spurious document.

Cannot use own acts of

falsification as a defense against prosecution.

If a notary public notarizes a document without commission, is
there falsification of public document or private document?
o Falsification of public document.
o So to simplify:

1. The document remains private

2. But the crime is falsification of public document

Can there be an attempt or frustration of falsification?
o There can be no attempted or frustrated falsification of public or

o
o
o

(3)
4. Making untruthful statements in narration of facts (4)
5. Altering true dates (5)
6. Making alteration or intercalation to genuine document which

o
o

changes its meaning (6)

7. Issuing copies (7)
8. Intercalating instrument or note (8)

Counterfeiting or imitating handwriting, signature, rubric (171 1)

official document

UNLESS the falsification is imperfect

Consummated the moment the genuine public or official

What does imitating cover?

o It can also cover feigning. Feigning means the forgery of a
signature that does not in fact exist.
When does one become guilty for falsification under this
provision?
o For one to be guilty for falsification under this provision, it is not
necessary that the imitation of writing, handwriting, or signature

document is altered, or the moment the false document is

be perfect. It is only necessary that the two writings bear some

executed

Even if the document is not put to illegal use.

Can there be falsification by omission?
o Yes, the crime of falsification can be committed by omission.

Here the asst. book keeper did not include in the ledger things
or properties purchased by him as such. He committed estafa

presumed to be the author.

What are the acts punished as falsification?
o 1. Counterfeiting or imitating handwriting, signature, rubric (1)

resemblance to each other

There can be no falsification of public document unless there is

an attempt to imitate the genuine signature of another

What if the false signature did not look like the real one?
o One is guilty of falsification even if he did not imitate the
signature of the person in the document, as long as there is a

through falsification by omission by not indicating in the ledger

his purchase of goods.
May someone be convicted based solely on presumptions?
o Yes. One found in possession of falsified document is

2. Causing to appear that persons participated, etc (2)

3. Persons in fact participated in proceedings, but accused

DIFFERENCE between the genuine signature of another and

the falsification.
Causing to appear that persons participated, etc (171 2)

94

What is punished here?

Falsifying a document by causing it to appear that a person or

the answers. What is the crime?

o X was guilty under this provision.
o Y was guilty as an accomplice, by knowing that X committed

persons participated in any act or proceeding when in fact, they

X changed the answers of a Bar examinee, Y, then she corrected

did not.
X had an uncle and auntie. By 2000, his auntie and uncle died. He

the crime for him.

executed three documents (deed of sale, deed of conveyance) all in

the same occasion. In each document, the dead spouses sold to the

Making untruthful statements in narration of facts (171 4)

vendee parcels of land. Then, Lastrilla signed the signature of his dead

uncle and auntie, and antedated the deed. Is this falsification?

o Yes, under this paragraph (Art. 171 par. 2).
o The uncle and auntie are both dead. So this provision applies
even if those who were made to appear to participate are

already dead.
o But there is only one crime, even if there were several modes.
Accused was a COMELEC registrar. He made it appear in the list

of voters that certain voters were listed, when they were not, and

paragraph.
If there is colorable truth to the statement, one is not criminally
liable. If there is a color of truth to it, there can be no criminal

that they voted, when they did not. What is the crime?
o Guilty under this same provision AND
o Liable under Omnibus Election Code
Can this crime be committed to conceal another crime?
o Yes.
o Ex. X was an accountable officer and he misappropriated funds

intent.
There is no F of public document if acts of accused are
consistent with GF, even if it may be false.

Color of truth

indicates GF.
X was Chinese, but he declared himself as Filipino.
wrote down Filipino in the residence certificate.

of government. To conceal malversation, he falsified receipts to

The clerk

Is the clerk

guilty of making untruthful statements?

o Clerk is NOT guilty he had no criminal intent and relied on the

show that people received some amounts, when they did not.
Guilty of two crimes:

1. Malversation

2. Falsification under this paragraph

X was paid by examinee in CSC to take the exam on his behalf and
o

What are the requirements:

o 1. Offender is a public officer or employee
o 2. Untruthful statements in narration of facts
o 3. The facts must be absolutely false
What if there is some color of truth in the falsification?
o If there is color of truth in it, he is not liable under this

pose as him. Is he guilty of falsification?

o Yes. He made it appear that another person participated in the

Petitioner.
Petitioner is guilty under this paragraph as Principal by Direct

Inducement.
What if it was altered to speak the truth?
o There is no falsification (e.g. there is error in cedula, then
altered to speak the truth.

exam, when he did not.

Persons in fact participated in proceedings, but accused make it seem that

they said/did some things they did not do (171 3)

95

There is alteration, but no

falsification)
What is the legal obligation contemplated under this provision?

The legal obligation may spring not only from a law or a

regulation/rule

promulgated

by

authorities

(e.g.

falsified a personal data sheet, which is a document

required to be submitted to the CSC under its rules.

The mere fact that she was not hired is

inconsequential.
The duty to make truthful statements, what is it based on?
o 1. Law
o 2. Ordinance, as long as it requires such making of truthful
o
o

statement
3. One issued by a government agency
Ex. A government employee who falsely stated in ITR that he
taxes: the government employee is guilty of falsification of

official document.
What is the required intent?
o There must be deliberate intent to make a false narration of

May this crime be committed by culpa?

o No. Intent is essential to the crime.
What dates are contemplated by this provision?
o Dates referred to here are those that have legal efficacy; ex.

speak the truth

2. The alteration or intercalation did not change the substance

of the document.
May this crime be committed by culpa?
o No. There must be criminal intent. It cannot be committed by

Two modes of committing this crime?

o 1. There is no genuine original of the copy of the document
o

issued in an authenticated form

2. There is a genuine document, but alteration of the copy as to
not correctly reflect the original

Done with dolo or with deliberate intent

Public officer or notaries-public. Sec. 19, Rule 132 of

Date when obligation is due, date when persons were married.

Making alteration or intercalation to genuine document which changes its

Rules of Evidence enumerates these documents.

meaning (171 6)

something that is false

What is the duty of one making the alteration?
o One making the alteration must explain the same.
What alterations consist of:
o Erasure
o Interlineations
o Additions
o Substitution of any material matter in a document or instrument
When is the alteration of intercalation NOT a crime?
o 1. Alteration or intercalation was made to make the document

Issuing copies (171 7)

Altering true dates (171 5)

document
3. Alteration or intercalation made in document to speak of

culpa. Good faith is a proper defense.

facts, so there is no culpa

has 2 dependents, when just has one, so that he can pay less

2. The alteration or intercalation was made in a genuine

CSC,

COMELEC)

Ex. Guilty of falsification under this provision, if X

Intercalating instrument or note (171 8)

Elements:
o 1. A person changes a document or intercalates an entry or

Intercalated document must be false and change the sense of the

document or official book.

statement therein

Number of crimes of falsification committed:

96

One may be liable for estafa through falsification of a public or official

document, but not estafa through falsification of private document.

There are as many crimes of falsification as the number of documents

or

falsified
o If there is only one document falsified, but under multiple
o

by inserting three persons there; he committed three counts of

FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS BY

intention

behind

judicial proceeding
2. or using a falsified document, to cause damage or with intent

to cause damage
A private individual who falsified a document, and also used the

the document in a judicial proceeding, he is liable for

falsification (par. 1) and not for use

If a government employee falsifies his personal data sheet by
making it appear that he passed the CSC exam, when in fact he did
not, and he used the personal data sheet to apply for a position

damage to the credit or honor of a private

indicating

other than the author of falsification. If the falsifier himself uses

need for damage caused or intent to cause damage

What does damage cover?

Damage includes material damage and

acts

1 or paragraph 2?
o Under the 2nd paragraph, the person using the document is

document no need for damage or intent to damage

2. Private individual falsifying a private document there is

physical

document under a judicial proceeding, is he liable under paragraph

(172)

Two modes under paragraph 1:

o 1. Private individual falsifying a public, commercial, or official
o

or

falsification
Under paragraph 2 (use of falsified documents), how is the crime

falsification, even if made on the same roll of attorneys

verbal

committed?
o 1. Person who shall knowingly introduce in evidence in any

modes, there is only one crime of falsification

But in P v. Pomferada someone falsified the roll of attorneys,

PRIVATE INDIVIDUALS

Ex. May consist in an attempt to encash or use the document,

with the government (therefore, not in a judicial proceeding); how

person
So it is not confined to mere material

many crimes of falsification did he commit?

o Two crimes:
o 1. Falsification
o 2. Use of such document in a proceeding other than a judicial

damage
When can a public officer fall under 172?

If a public officer falsifies a document, without abuse

proceeding

If it was used in some other purpose or

of official position, he can be liable under Art. 172

The offender did not gain any profit from the falsification of private

proceeding, is there need to establish damage

document. But intent is an internal act. How does one establish

this intent?
o There must evidence independent of the falsification to

establish intent.

caused or intent to cause damage?

Yes.
CONTRA: If a falsified document was used in a judicial
proceeding, is there need to establish damage caused or
intent to cause damage?

No.

97

FALSE MEDICAL CERTIFICATES, CERTIFICATES OF MERIT OR SERVICE, ETC. (174)

but continues to do his duties, is he liable for usurpation of

Who are punished here?

o 1. Physician who issues false medical certificate
o 2. Public officer who issues false certificate of merit or service,
o

functions?
o Yes.
o Ex. A notary public who notarizes a document when his

good conduct, and the like

3. Private person who falsifies either type of document (lower

penalty)
USING FALSE CERTIFICATE (175)

What is punished here?

o Person who uses the certificate issued above
What is material?
o He must do it knowingly and with intent

INTRODUCTION INTO THE PHILIPPINES OF ANY INSTRUMENT INTENDED TO BE

USED IN COUNTERFEITING

When a public officer or employee has already retired or resigned

(176)

commission has expired violated this provision

For usurpation of authority, what must the prosecution prove?
o 1. Accused is aware he is not a public officer
o 2. He falsely represents himself to be such
o 3. Such person has performed pertaining to an act of person in
authority or agent of PIA
Is good faith a defense?
o Yes. Felony here is committed by dolo. GF is a defense.
Situations involving complex crimes:
o X pretended to a public official in order to molest a minor.
What is the crime?

Complex crime of usurpation of public authority with

In a situation where the instruments imported could not be used

for the intended purpose, is it an impossible crime or a crime
under Art. 176?
o Still 176. As long as there was intent to use and there was

seduction
X pretended to be a BIR agent and showed falsified BIR ID.
What is the crime?

Complex crime of usurpation of public authority with

importation.
Must one import a complete set?
o No. If the instruments brought into the country cannot be used

on their own, but can be used alongside other instruments,

falsification
Situations where usurpation is just a mode:
o X pretended to be a public official to commit robbery.
What is the crime?

Just robbery. Take note of Art. 299-A par. 4: Robbery

there is violation of the law.

may be committed through pretense of exercise of

Other falsifications

USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS (177)

2 modes of committing the crimes:

o 1. Usurpation of authority
o 2. Usurpation of official functions

public authority.
It is NOT a complex crime. Usurpation is an essential

element under this mode.

X kidnaps another to deprive her of liberty, by pretending
to be a public officer. Is he liable for complex crime of
usurpation and kidnapping?

98

No. Usurpation of authority is a mode of committing

crime of kidnapping.
Person pretending to be authorized to issue passports:

Liable under RA 8239. (Phil. Passport Law)

may be committed through use of fictitious name to

PUBLIC USE OF FICTITIOUS NAME (178)

What are the two paragraphs?

o 1. Fictitious name purposes:

1. To conceal a crime

2. To escape judgment

N.B. Includes criminal or civil. The law does

commit robbery.
If one uses a fictitious name in a narration of facts in a

document, because penalty for use of fictitious name

o

is already integrated in the former. (171/172)

What if a person uses a fictitious name to obstruct
justice?

Violated PD 1829 (knowingly uses a fictitious name

circumstances
Elements under first paragraph?
o 1. Publicly uses fictitious name
o 2. With any of the mentioned purposes
o Is motive an essential element?

Yes. Here, motive is essential element.

If a person uses a fictitious name publicly, but without these

to delay apprehension of suspects)

X a convict serving sentence, and Y, in jail, substitutes for X, to
allow X to escape. Y took his place and claimed to be the escapee

purposes, what crime is committed?

o Same crime, but under Par. II.
What is meant by publicly?
o Includes use in an official or public document
What is meant by damage?
o Not equivalent in falsification of private document.
o Damage here is not to a particular person but to public

by stating his name. What crime did the first person commit?
o Evasion of sentence, complexed with use of fictitious name
The security guard noticed that X was gone, but did not ask the
name of Y. What crime?
o Justice Albert:

Y is guilty of use of fictitious name under this provision

o Justice Reyes:

Y guilty with delivery of prisoners from jail AND of use

of fictitious name to conceal the escape of the

Public interest is something in which the public,

community at large, has some pecuniary interest by which

gain entry into the house of another.

Again, the use of fictitious name here is a mode to

public or official document, what crime is committed?

Falsification of public, commercial, or official

not distinguish.

3. To cause damage
2. Person who conceals his true name or other personal

interest.

Estafa. Art. 315-2(A)

What if the fictitious name is used to commit robbery?

Then its just robbery. Under Art. 299(A)-4, robbery

some legal rights are affected.

Use of fictitious name as a mode:
o If one uses a fictitious name to defraud another, what

crime is committed?

99

prisoner
X guilty of evasion AND use of fictitious name to

evade service
Justice Regalado:

Y is guilty of delivery of prisoners from jail. Use of

fictitious name by the replacement is absorbed by

pertaining to an office not held by such person or to a class of

crime of delivery.
X is guilty of evasion of service of sentence, but not

which he is not a member

use of fictitious name.

Justice Callejo:

If Y did not use a fictitious name to help the convict

FALSE TESTIMONIES (180-2)

escape, he is ONLY guilty for delivery of prisoners

(since he did not say a fake name). There was NO
overt act of using publicly a fictitious name. If Y uses

a fictitious name, art. 48 will apply

X guilty of evasion of service of sentence complexed

with use of fictitious name

How many multiple crimes of use of fictitious name be committed?
o There are as many crimes as the number of fictitious names

nomenclature of RPC penalties, because the penalty for false

C.A. 142

What is C.A. 142?

o Anti-alias law
What are the punishable acts?
o Cannot use a name different form that registered in the LCR or
o

testimony is dependent on the RPC graduation

What are the requisites?
o 1. The testimony must be complete

Must have been subjected to direct and cross

o

used in baptism
Or for aliens, what was registered with the Bureau of

Immigration
What are the exceptions?
o Literary, cinema, TV, radio, entertainment purposes, and other

examination (unless latter is waived)

2. There is intent to give false testimony

Thus, only committed through dolo. GF is a defense.

Villanueva v. SOJ witness must be aware that his

testimony is false. Unless he is aware, he may invoke
GF. Knowledge that his testimony is false is internal

athletic events where use of a pseudonym is a normally

o

What are the three types of false testimonies?

o 1. False testimony against defendant (180)
o 2. False testimony favorable to defendant (181)
o 3. False testimony in a civil case (182)
o 4. False testimony is other cases (183A)
o 5. Perjury (183B)
o 6. Offering false testimony in evidence (184)
False testimony against a defendant (Art. 180) when does this
provision apply?
o Only applies for crimes under the RPC or SPLs that use

used

What is punished here?

o Public and improper use of insignia, uniforms, or dress

accepted practice
How to secure an alias?

Need judicial approval for at most, one alias. Same

act.
How can you establish this?

State of mind may be determine by things he

states or does, proof of motive to lie, and
objective falsity itself (if the statement is

proceedings as change of name.

egregiously false), or proof from other facts.

ILLEGAL USE OF UNIFORMS OR INSIGNIA (179)

100

3. False statement must be related to the subject of inquiry,

which legitimately affects the defendant

Not necessary that witnesss testimony directly affects

the decision. It just needs to affect a material fact.

Does this provision include testimony on

qualifying and aggravating circumstances?

Yes.
4. There is a judgment of conviction or acquittal

Because penalty depends on the penalty imposed on

acquitted. It the intention of the accused that suffices.

When will Art. 180 not apply?

Will not apply if accused in main case is

convicted and is convicted for a penalty less

than correctional penalty, or a fine.

The liar may not be prosecuted under 180,

but can be prosecuted under perjury.

Who is a witness?
o Includes injured party or any witness
o And even one of the accused, as long as he testified for the

false testimony is given.

Thus, retraction does not extinguish the crime already

committed.
UNLESS it was spontaneously done in the same testimony

party
Elements of 182:
o 1. Given in civil case

What is covered by civil case?

Ordinary action

Supplementary proceedings (Execution of

another. (Hindi ko pinatay yan. Siya po ang pumatay!)

What is the nature of false testimony as a crime?
o It is a formal crime. The crime is committed as soon as the
o

in any

for the crime committed

False testimony in a civil case (Art. 182):
o Here, the offender may be a party litigant, or a witness for a

o
o
o
o

prosecution.
If the accused gave false testimony in favor of himself, is he liable
under 181 (favorable false testimony)?
o No.
o Unless, X was not just disclaiming guilt, but pinning it upon

liable for perjury

o But NOT art. 180-182 of the RPC
HSA, sec. 47:
o Any person knowingly furnishing false testimony

proceeding involving terrorism is liable not under 180-182 but

the convict.
It does not matter whether the accused is convicted or

Relate to RA 6981 witness protection program:

o Person in WPP who testifies falsely loses immunity and can be

101

in the case
What is the effect of a retraction?

The retraction of a witness under 182 does not

extinguish criminal liability.

Because its a formal crime

Is this like Article 180, where penalty depends on outcome of the
case?
o

there is GF

judgment, prohibition)

Petition to annul judgment

What is not covered?

Special proceedings.

Naturalization proceedings.
2. Relating to issues raised
3. Testimony must be false
4. Witness knows it is false
5. Must be malicious and given with intent to affect the issues

No.

FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION

(183)

document what crimes are committed?

o 1. Malicious procurement of search warrant
o 2. Perjury
o N.B. These are NOT complexed (see discussion in Title II)

Elements?
o 1. Knowingly making untruthful statements
o 2. Not covered in the prior provision
o 3. Under oath or affirmation, or in an affidavit upon a material

MONOPOLIES, ETC (185-6)

matter before a competent person authorized to administer an

Malicious procurement of search warrant and use of perjured

RA 9184

oath when required by law

Where does perjury apply?
o 1. Light penalties
o 2. Other proceedings (ex. Special proceedings)
o 3. Etc.
Can perjury be done by culpa?
o No. Perjury is a felony by dolo.
o There must be malice. Mere assertion of false, objective fact

What is RA 9184?
o Procurement Act of Government
What are the prohibited acts for public officers under this law?
o 1. Opening sealed bid prior to time appointed for opening
o 2. Delaying without just cause the screening for eligibility,
opening of bids, evaluation, or post-evaluation of bids, and
o

awarding beyond allowable period

3. Unduly influencing or using undue pressure on the Bids and

If the

Awards Committee to accept a particular bid

4. Splitting of contracts which exceed purchase limits and

allegations are false, crime is falsification of a public document.

Complaint for damages filed with MTC which contains false

competitive bidding
5. Rejecting bids due to manifest preference for a closely

allegations perjury
Filed petition to annul judgment and made false assertions

perjury
N.B. In light of these, generally, a petition filed in court where

not enough. There must be criminal intent.

How about petitions?
o Petition for habeas corpus is a public document.

related bidder
Can they still be prosecuted under RA 3019?

Yes.
What are the prohibited acts for private individuals and colluding
o

public officers?
o 1. Two or more bidders agree and pre-arrange multiple bids

false statements are made, the crime is perjury.

Must the proceedings terminate first?
o No. It is not necessary that the proceeding where the false

where one is obviously better than the other to give semblance

o

of competitive bidding
2. One bidder maliciously submits different bids through

different persons, to pretend that there is competitive bidding

3. Entering into contracts where one party refrains from bidding

o
o

or withdraws one already made

4. Schemes that naturally reduce competitive bidding
What are the accessory penalties for offenses #1-4?

statements were made must terminate first.

OFFERING FALSE TESTIMONY IN EVIDENCE (184)

Elements?
o 1. Party offers the document in evidence
o 2. He knows that the document is false

102

Public officer suffers temporary or perpetual DQ from

public office
The private person cannot transact with government

o
o
o

again
5. Submitting false eligibility requirements
6. Submitting falsified information in bidding documents
7. Participating in bidding using anothers name or allowing

another to use ones name

8. Withdraw a bid after it has been named highest-rated or

What is the new classification of drugs?

o 1. Dangerous drugs
o 2. Controlled precursors and essential chemicals
Who are the new additional offenders?
o 1. Financier person who pays for or underwrites illegal
o

consents to the unlawful acts in the DDA and uses his power or
position to shield, harbor, screen, or facilitate escape of any

lowest-calculated without just cause or to cause the bid to be

awarded to another

Includes non-submission of final requirements after

person who has violated the DDA

What are the new offenses?
o 1. Illegal chemical diversion of controlled precursors and
essential chemicals

Sale, distribution, supply, or transport of legitimately

acceptance, such as security, etc.

imported, manufactured, or procured CPECs to any

V: RELATED TO OPIUM

What changes did the DDA bring about to this title?

o 1. The penalties do not use nomenclature of RPC anymore
o 2. The penalty is no longer based on quantity involved except
o

activities in the DDA

2. Protector/coddler person who knowingly and willfully

person or entity manufacturing DDs

2. Failure to maintain and keep original records on transactions

with DDs or CPECs

3. Misappropriation, misapplication, or failure of public officer or
employee to account for confiscated DDs, plant sources,

for possession
3. Use of dangerous drugs now has a graduated penalty

First offense is 6 months rehab

Second offense onwards has imprisonment already

What if possession and use concur?

Possession applies, not use

What if sale and possession concur?

Sale applies, not possession

4. Anyone charged under DDA cannot avail of plea bargaining

What about probation law?

Only those convicted for drug pushing or

o
o
o
o
o

paraphernalia or benefiting from these

4. Planting as evidence any DD/CPEC

It can even be by private persons

5. Violation of any RR of the DD Board
6. Issuance of false or fraudulent drug test results
7. Violation of confidentiality of records
8. Refusal of members of law enforcement agencies or any
government official/employee to testify as prosecution witness

trafficking are exempted

5. Accessory penalties apply not just after conviction but even

during appeal

103

in DD cases
9. Delay and bungling in the prosecution of drug cases by

government officer or employee

What are the old offenses carried over?
o 1. Importation of DD/CPCE

Also, importation of such through diplomatic passport,

during parties, social gatherings, or meetings, or in the

diplomatic facilities, or other means using official

o
o
o
o

status
2. Financing, organizing, managing
3. Protecting/coddling
4. Selling or distributing or brokering transaction of DD/CPCE
5. Use by drug pushers of minors or mentally incapacitated

individuals as couriers or runners

6. Maintaining drug den, dive, or resort where DD/CPCE is

offense of:
1. Importation of DDs/CPECs
2. Sale, trade, administration, dispensation, delivery,

o
o
o

distribution, or transportation of any DDs/CPECs

3. Maintenance of a den, dive, or resort where DDs are used
4. Manufacture of DDs/CPECs
5. Cultivation and culture of plants which are sources of

proximate company of at least two persons

What is the nature of violations of the DDA?
o Malum prohibitum
What are the new programs for treatment and rehab of drug
dependents?
o A drug dependent or any person who uses DDs may apply to
the DD Board for treatment and rehab. Effects:

1. Exempted from criminal liability

2. Placed on probation and undergo community

used

Being employed by or visiting such dens

Protecting or coddling such dens

o 7. Manufacture of DDs/CPCEs

Or instruments, equipment, apparatus, etc.

o 8. Possession of DDs or instruments

Aggravated if during social gatherings (see below)

o 9. Use of DDs
o 10. Cultivation of plants classified as DDs or sources
o 11. Unnecessary prescription of DDs
o 12. Unlawful prescription of DDs
o 13. Attempt or conspiracy (see below)
What is the rule on attempt or conspiracy to commit unlawful acts?
o They have the same penalty as the consummated crime in the
o
o

2. Possession of DDs or equipment aggravated if possessed

service

3. Charged for violation of use of drugs

Or compulsorily confined under the Compulsory Submission

Program by petition of the DD board to the RTC

When is the only time the RPC has any effect?
o When the accused is a minor who is convicted of Reclusion
Perpetua (because otherwise, the other offenders are charged
with Life Imprisonment or other non-RPC-nomenclature
sentences)

VI: CRIMES AGAINST PUBLIC MORALS

GRAVE SCANDAL (200)

DDs/CPECs
o N.B. these mostly relate to production and sale/distribution
What are the qualifying or aggravating circumstances?
o 1. Crime committed under the influence of drugs

What is punished here?

o Highly scandalous conduct
Where must it be commited?
o Must be in a public place. Must be in public view
o Unless there is an element of publicity, there is no grave
scandal. Ex. the accused and her paramour were committing
adultery in a private place (kitchen of womans house)

IMMORAL DOCTRINES, OBSCENE PUBLICATIONS, ETC. (201)

104

What is the test of obscenity?

o Whether it shocks the ordinary and common sense of men.
o Whether the tendency of the matter is to deprave or corrupt
those whose minds are open to those immoral influences.
Is nudity obscene per se?
o Mere nudity in art or sculpture is not obscene since this can be
o

a work of art.
If the nude representations are sold for commercial purposes

4. To broadcast in print, radio, or video these sexual acts (even

in VCD or DVD)
N.B. So lack of consent is not an element when the material is

being distributed already

Can this video or photo be submitted as evidence?
o No. This photo or video is inadmissible for evidence.
o Exception: police can apply to court for an order to take a
photo or video of a couple for investigation and apprehension

and not the sake of art, it may fall under this provision on

obscenity.
How about actual exhibition of sexual intercourse in public?
o It is a crime under this provision. There is no art here.
What must be the nature of commercial distribution?
o It must be distributed widespread or to many people, because if

of those committing this crime.

Relate to RA 7610 - Child abuse law:
o Those who coerce or induce a child (person under 18, or over
18 but suffering from mental or physical defect) hired to
o

it is isolated, then it does not disturb the law

RA 9995 law punishing video and photo voyeurism (amended Art.

201):

What are the crimes punished under RA 9995?

o 1. Taking a video or photo of sexual act without consent of
o

there

must

be

of child
Person who induces or coerces the child

VAGRANTS AND PROSTITUTES (202)

reasonable

expectation of privacy which was violated

If a couple goes to a motel, is there an expectation

of privacy?

Yes. That is why they went to the motel.

What is Reasonable expectation of privacy?

The person concerned believes that she can

Amended by RA 9344, Sec. 58:

o Persons below 18 are exempt from criminal liability from
prosecution for vagrancy or prostitution
o Or mendicancy under PD 1563
Who are vagrants?
o 1. Person with no apparent means of subsistence, but has
physical ability to work, and who neglects to apply himself to

disrobe in privacy without being concerned

o

a victim.
Who are liable?

Ascendant, guardian, any person entrusted with care

person
2. Capture image of body parts (breast, buttocks, genitals, etc.)
without consent of the person

N.B.: For above,

perform in indecent shows or obscene publications

Here, the child is exempt from punishment because the child is

that she would be captured in photo or video

3. To sell, copy, or cause distribution of the video or photos

some lawful calling

2. Person loitering or wandering about with no visible means of

support
3. Idle person who lodges in houses of ill repute; ruffians or
pimps

even when there is consent by the persons involved

105

vehicle,

secluded

area

under

person to believe the child is about to be

encourage them
3. Those who engage in sexual intercourse with children
4. Those deriving profit or advantage (e.g. owners of

exploited
2. Those who commit sexual intercourse or lascivious conduct
with child exploited in prostitution

When is the offender charged under the RPC

instead?

When the child is under 12, which is

statutory rape
When is there attempt to commit child prostitution
under this paragraph?

Receiving services from child in massage

mental or physical defect)

2. Offender is in military or law enforcement agencies
3. If the offended person dies, becomes insane, gets AIDS/HIV,

is mutilated
What are the civil liabilities of the offender?
o Offender liable to trafficked person from personal properties
o If insolvent, take value from those proceeds and instruments

derived from trafficking, that are confiscated

What are the special features of RA 9208?
o 1. THERE CAN BE INDEPENDENT ACTION for civil liabilities
under this law
2. Exempt from filing fees

R.A. 7610 SPECIAL PROTECTION AGAINST CHILD ABUSE

or

circumstances that would lead a reasonable

2003:
o Covers sex-tourism, qualified trafficking of persons, etc.
When is trafficking of persons qualified under RA 9208?
o 1. If the trafficked person is a child (under 18 or over 18 but has

Person who is not a relative of the child is

found alone with the latter inside a room, inn,

establishment)
Further amended by RA 9208 anti-trafficking of persons act of

o
o

another without any lawful or justifiable reason

o 5. Prostitutes
RA 7610: Who are liable?
o 1. Pimps
o 2. Those other persons that procure child prostitutes or
o
o

4. Loitering in inhabited or uninhabited place belonging to

What are the punishable acts of child prostitution?

o 1. Promoting, facilitating, or inducing child prostitution

When is there attempt to commit child prostitution

parlor, sauna, or health club, etc.

o 3. Deriving profit or advantage from child prostitution
What are the punishable acts of child trafficking?
o 1. Any person who engages in trading and dealing with
children, as in buying and selling children for consideration
o 2. Qualified if victim is less than 12
When is there attempted child trafficking?
o 1. Child travels alone to foreign country without valid reason,
o

clearance from parents or guardian, or DSWD

2. Person or institution recruits women or couples to bear

children to be trafficked
3. Doctor, midwife, nurse, or other hospital employee simulates

birth for purpose of child trafficking

4. Person engages in act of finding children among low-income
families, hospitals, clinics, etc. for purpose of child trafficking

under this paragraph?

VII: CRIMES COMMITTED BY PUBLIC OFFICERS

106

WHO ARE PUBLIC OFFICERS? (203)

What is the coverage of public officers under this Title?

o Definition in 203 is extensive and comprehensive. Embraces

all public servants, from highest to lowest. Removes distinction

o

between officers and employees.

Definition includes those occupying positions in government,

highest to lowest, permanent or temporary.

Includes those with positions in GOCCs, including GSIS,

there MUST be intent on the part of the judge to do

o

under Corporation Code or original charters.

Whether stock or non-stock, vested with functions

Crimes committed by judgment

committed by culpa.
A judge renders a decision that is not based on evidence on

What are the crimes under this subdivision?

o 1. Knowingly rendering an unjust decision (204)
o 2. Rendering unjust decision through inexcusable negligence

executory before he can be charged of a violation of Art. 204.

What prerequisite proceedings are contemplated?

1. There must be a decision of an appellate court, in

prohibition/certiorari/appeal impugning the validity of

(205)
3. Unjust interlocutory order (206)
4. Malicious delay in administration of justice (207)
5. Dereliction of duty (prevaricacion) (207)
6. Betrayal of trust by attorney (208)

the decision OR
2. There is an administrative charge against the judge
for promulgating the unjust order

MANIFESTLY UNJUST JUDGMENT THROUGH INEXCUSABLE NEGLIGENCE (205)

KNOWINGLY RENDERING AN UNJUST DECISION (204)

It cannot be

ipso facto criminally liable?

o No. The judgment of the court must first become final and

owned by government either wholly or partially

o
o
o
o

the injustice.
Can this be committed by culpa?

No. This crime is malum in se.

record, and he is aware of it. He still renders the decision. Is he

relating to public needs (governmental or proprietary),

conscious and deliberate intent to do injustice

There must be intent + overt act

It is not enough that the judgment is contrary to law or

that the judgment is not supported by evidence

Postal Service.

Includes subsidiaries of GOCCs, whether created

When is a judgment unjust?

o Contrary to law, not supported by evidence, made with

To which judges does this provision apply to?

o Applies to the judges of the first and second levels (MTC, RTC)
o But not justices of appellate courts, SC, or Sandiganbayan

(those who render collective judgment after due deliberation)

What is the nature of this offense?
o Judge must commit breach of positive statutory duty or

performance of discretionary act with improper or corrupt

When is there inexcusable negligence?

o If the mistake of the judge cannot be explained; there is a
manifest injustice with no reasonable explanation.
When is a judgment unjust?
o When it is contrary to evidence on record or the law.
Can this be committed by culpa?
o Yes. Unlike Art. 204, a judge may be liable by culpa.
When does liability attach?
o Not only erroneous, but motivated by dishonestly, hatred, or
some other evil motive

motive

107

What can the judge invoke as a defense against ignorance of the

law?
o
o
o

1. Good faith
2. Absence of malice
3. Improper consideration

NOT included
What is the nature of this felony?
o This is malum in se.
o Although the crime may be committed by tolerance, however,
the law expressly requires that the public officer/employee

UNJUST INTERLOCUTORY ORDER (206)

MALICIOUSLY

Elements:
o 1. Judge either:

A. Renders manifestly unjust interlocutory order or

B. Decree through inexcusable negligence or

ignorance
o 2. Either by dolo or culpa
What is an interlocutory order?
o One that does not finally dispose of the case

What is the nature of this felony?

o Felony by dolo. Must be committed with corrupt motives or
malice, by a judge in delaying the administration of justice.
What is required?
o Mere delay is not enough. There must be intent to deliberately

PREVARICACION/DERELICTION OF DUTY (208)

violations of the law.

is the condition

sine

from
qua

instituting
non

or

before

prosecuting
a

public

refused

to

charge/prosecute must FIRST be prosecuted and convicted for

delay.

What

refrains

officer/employee can be charged with prevaricacion?

o The offender whom the public officer

MALICIOUS DELAY IN ADMINISTRATION OF JUSTICE (207)

Those charged with enforcement of internal revenue laws are

that crime whose prosecution was omitted by the public officer

o This is a condition sine qua non to prevaricacion
What crimes does prevaricacion touch upon?
o Refers to both RPC and SPL crimes
What about public officers and employees not tasked with
instituting criminal actions or prosecuting them?
o 1. They can be liable under PD 1829 obstruction of justice
o 2. May also be held as accessories under Art. 19 of RPC
Are they liable for any other crime?
o Violation of Anti-Graft and Corrupt Practices law, in addition to
liability under Art. 208.
What is the relationship between prevaricacion and qualified

Who is liable for prevaricacion/dereliction of duty?

o Public officer who, in dereliction of his duties, maliciously

bribery?
o Prevaricacion is a constituent element of qualified bribery (Art.

refrains from instituting prosecution for violation of laws or

211-A). The officer has to be convicted of prevaricacion first of

tolerates commission of these acts

Who are the officers liable here?
o Those charged in institution or filing of criminal complaints

an offense punishable by RP. And then, he can be charged

with qualified bribery if he accepted consideration for such
dereliction.

against violators of the law

Ex. Agents of the NBI, PDEA, prosecutors, OMB,

BETRAYAL OF TRUST BY ATTORNEY OR SOLICITOR (209)

special prosecutor, etc.

108

Who can commit a violation under this provision?

Can only be committed by attorney-at-law (no more procurador

judicial anymore)
First form of violation:
o Client must suffer prejudice due to malicious breach of lawyer

of professional duty, or inexcusable negligence, or ignorance

What is prejudice?

Material or moral damage

Where else is the lawyer liable under?

Sec. 4B of RA 3019 Anti Graft and Corrupt

o
o

doing something which is his duty to do

Who commits the crime of bribery?
o Crime of bribery is committed by the public officer.
o What about the gift-giver?

Giver of the gift commits corruption of public officer.

What are the elements of the first mode?
o 1. Accused is a public officer
o 2. He receives directly or through mediation of another some

Practices Law if the lawyer knowingly induces or

o

causes public official to commit any of the offenses

o

duties
Second mode?
o 1. Act in consideration for which the gift, etc. was given does
not constitute a crime

For the public officer to be liable for direct bribery

capacity
o N.B. No need to prove damage or prejudice here
Third form:
o Undertaking defense of opposing party in the same case

under the 2nd form, although the act of the P.O. does

without consent of first client

No liability for lawyer if the client accedes to the lawyer

not constitute a crime, the act must be unjust

o 2. The act or crime relates to P.O.s exercise of functions
What if the act is not part of his duties?
o If the act is ENTIRELY outside his official functions, not liable

representing another
o

Bribery

for direct bribery.

Ex. If a public officer represents to an individual that he can
issue a permit, but he cannot issue it in actuality, he is not

DIRECT BRIBERY (210)

gift, etc.
3. Given in consideration of commission of commission by the
P.O. of some crime in connection with performance of his

under Sec. 3 of the RA 3019

Practicing lawyer may also be liable for bribery under this

provision, if he connives with a public officer.

Second form:
o Revealing clients secrets learned by him through professional

3. Acceptance of gift, etc. in consideration for refraining from

Three forms of direct bribery:

o 1. Public Officer:

agrees to perform a criminal act,

in connection with official duties,

in consideration of any offer, promise, gift, or present

received by him or through mediation of another

whether the crime is committed by him or another

o 2. Acceptance of gift, etc. for a non-criminal act

liable for direct bribery. He is liable for estafa.

When is bribery consummated?
o Because the gravamen of the crime is the offer or promise and
the acceptance, the crime is consummated upon acceptance of
o

the offer/promise.
It does not matter whether the offered thing is actually given to
the officer as long as there is offer and acceptance, there is

109

consummation
Does physical receipt per se amount to consummation?

o
o

No.
Pelegrino v. P: The offered money was left on the table. The
public officer gets the envelope and says ano to?

violation of ordinance. Policemen refused to accept the money.

HELD:

Mere physical receipt without any other act or sign showing

that in these three cases, there was attempted bribery?

It must have been attempted CORRUPTION OF

acceptance cannot lead the court to conclude that bribery has

been committed.

There must be physical act indicating

acceptance.
What constitutes gift or present? Can it be services?
o Yes. The gift or present may be in the form of services to be

have pecuniary gain to the PO is a present.

It is enough if a reward or personal advantage would accrue to

the PO from the performance of an act by the bribe giver, and

he values it highly
Can there be attempted or frustrated bribery?
o NO. Read on as to why even if the court keeps on deciding

PUBLIC OFFICER.
Must the gift be offered or can it be solicited?
o The present or gift may be solicited by the public officer or
employee. If does not distinguish whether offered by the bribe

rendered by the bribe giver. A promise to do an act that would

o

giver or solicited by the officer

Must the act be done?
o No. It does not matter.
o In fact, if the criminal act was actually done by the PO, he is
guilty of two crimes: direct bribery + that crime. (Article 48

there is attempted bribery, there is actually none. To be safe,

however, follow the SC decisions for the Bar.

De Los Angeles v. P lawyer promised and actually delivered

smuggling of aliens. NBI agent accepted the money, but the

agent gave it to his superior to use as evidence against the

smuggler. What crime was committed?

Attempted bribery.
US v. Te Tong Appellant offered money to Chief of Police for

not matter if he actually commits the crime or not.

When are there multiple counts of bribery?
o There are as many crimes of direct bribery as the number of
o

the latter to release certain merchandise seized from appellant

in gambling. The police accepted it, but to use it as evidence

does not apply.)

May he be charged simultaneously for these two crimes?

Yes.
Supposing he received the bribe to commit a criminal act,
but the officer did not commit the criminal act?

He is liable for bribery under the first mode. It does

to NBI money to spare his client from investigation for

What crime?

Attempted bribery.
N.B.: the one guilty of bribery is the public officer, but why is it

against appellant. What crime?

Attempted bribery as well.

P v. Ng Pek Appellant offered money to the police to

times a bribe is offered and received/accepted.

Ex. LTO inspector every time he checked and he was offered

money and he accepted it to do a criminal act

Mariposque case (mode 2) A robbery was committed, and X, a police
officer, told the victim: I will recover your property, but you have to give
me PHP 5,800. Private complainant agreed. X recovered it. He did
not deliver it.
o The recovery of the property was not a crime. But there was

dissuade them from arresting him and charging him for

an obligation to return the property. It was his duty to do so.

110

His refusal to do so is not a crime, but it is unjust. So it falls

under Mode 2.
May a private individual be liable for bribery?
o Asejas was a practicing lawyer. His Japanese client came to

from arresting or prosecuting an offender who has committed

crime punishable by RP and in consideration of offer, promise,

the Philippines. He told his client there is a complaint against

you. Immigration agents told client: Give P25K so we wont

investigate you. Lawyer connived with the public officers and

o

encouraged his client to give money. He did.

HELD: Private person (lawyer) was liable for bribery for acting

in conspiracy with the public officers.

N.B. The Japanese client gave money because he was afraid

to be charged for any irregularity in the VISA/ violation of DDA.

felony uses RP)

What is the condition sine qua non?
o The officer must first be convicted for prevaricacion, prior to

CORRUPTION OF PUBLIC OFFICERS (212)

giving) and robbery/extortion (involuntarily, through

threat)
When can a judge be an accomplice?
o Judge was an accomplice when he allowed his chambers to be

used for the bribery transaction between the police and the

gift, etc.
To what crimes does this apply?
o Crimes punishable by RP
Must it be RPC or can it be SPL?
o RPC crimes and SPLs using RPC nomenclature (since the

conviction for qualified bribery.

Shouldnt they have been charged for robbery/extortion?

Bribery must be given voluntarily.

That is the difference between bribery (voluntary

When does this happen?

o Public officer is entrusted with law enforcement and he refrains

What is this crime?

o The act of offering or giving to the public officer gifts, presents,
etc. It must be by reason of his public office.
o N.B. the public officer is liable for bribery
Can there be attempted corruption of public officers under Art.
212?
o

suspected criminal for illegal possession

When is a judge the PDP in this transaction?
o Judge was PDP when he acted as the broker in bribery

Yes, when the officer refused to be corrupted. But there is no

frustration of this crime because once the public officer
concurs, then the crime is consummated.

INDIRECT BRIBERY (211)

What is indirect bribery?

o Public officer accepting gifts given by reason of his office
Distinguish from direct bribery:
o Indirect no such agreement to perform or not perform an act.

Frauds, illegal exactions and transactions, malversation

FRAUDS AGAINST PUBLIC TREASURY, ETC. (213)

PO is not required to do anything in particular. Enough that he

received the gift/present by reason of his office

QUALIFIED BRIBERY (211-A)

What is the offense under the first paragraph?

o In official capacity, entering into agreement for scheme to

N.B. Relate with Art. 208 (prevaricacion)

111

defraud government
When is it consummated?

Consummated by merely entering into agreement by

public officer/employee with interested party or

speculator no need for damage to be proven
What is the nature of this act?

Crime by dolo
What is the offense under the second paragraph?
o Person who is in charge of collecting taxes, licenses, fees who:

1. Demands payment of larger sums

2. Fails to issue a receipt voluntarily

3. Collecting or receiving things or objects of nature

o

o
o

different from that provided by law

Mere demand of sums different or mere failure to issue receipts
consummates the crime.

o No. Demand is NOT an element of the crime.

How is malversation committed?
o 1. Misappropriation of public funds
o 2. The taking of such property
o 3. Consenting another to take such property, whether wholly or

duty, to take such public funds or property

How can this be committed?
o By dolo or culpa
What are the described public properties or funds here?
o 1. Public funds owned by national government or any of its
agencies, including LGUs, GOCCs, under the custody of the

Not required for State to suffer

damage.
What is the nature of this act?

Mala prohibita
If accountable officer demands amount in excess of what is

authorities under the law or by orders of the courts or executive

still public property but the excess is private property

May private individuals be liable under Art 213?
o Yes, if there is conspiracy with public officer.

public funds/properties

Amounts loaned to private individuals by GOCCs are

private loans and are therefore not public property or

Elements?
o 1. Offender is a public officer
o 2. He has custody or control of funds by reason of duties of
o

office
3. Those funds/property are public funds for which he is

accountable
4. He appropriates, takes, misappropriates, consents, or

funds
What is the purpose of Art. 217?
o The SC ruled that the law is designed to protect the
government and penalize erring public officers conspiring with
private individuals resulting to loss of public funds and property

through abandonment/negligence, permits another to take the

officers even if such funds belong to public individuals

3. Funds and properties of public corporations or special
instrumentalities such as the PCSO as well as the PNRC are

MALVERSATION (217)

accountable officers
2. Funds or property under custodia legis which are attached,
seized, or deposited with private individuals or public

due to the government, the amount due to the government is

partially
4. Permitting another due to negligence or abandonment of

same

N.B. shows that malversation can be by dolo/culpa

Is demand an element?

due to corruption or neglect of duty

What is to appropriate?
o To use public funds or property for himself or convert the same
for his personal advantage

112

Includes any attempt to dispose of public funds or property

use public funds to drink beer.

o HELD: X is liable for malversation. Y is not; he is liable for

without any legal right

What is taking?
o Concept of taking in malversation is the same concept as
o

X and Y are both public officers. X is accountable, Y is not. They

taking in theft or robbery

Once a public officer has possession of public property,

theft.
Can a sheriff be liable for malversation?
o Yes, because those taken under official duties are in custodia
legis

however brief as may be, and disposes of the same, he is

liable for Malversation

Who is an accountable officer?
o By reason of office, is accountable for public funds or property
o Every officer of government agency whose duties permit or

require the possession or custody of government funds or

misappropriates it
What are the fiduciary funds of the courts?

Ex. Bail bonds

Ex. Funds from extrajudicial foreclosure, even if

property and who shall be accountable therefore and for

destined for a private person, since it is momentarily

safekeeping thereof in conformity with law

What about donations made by private individuals to

government, are they public funds/property?

Yes, whether domestic or foreign source, when duly

accepted by government (because these are remitted

seized/surrendered dangerous drugs is liable under the law: life

is provided for). Even the proceeds are public funds

or property.
What is the test to determine who is accountable?

The nature of the duties CONTROLS and not the

Under the LGC, if you are given a cash

advance, you have to account for this when you return from your
destination.

imprisonment to death
Can misappropriation of seized drugs be covered by Art.
217?

nomenclature of the office

X is a municipal mayor; he went to Manila on official business. He
got a cash advance.

entrusted to the one conducting public auction

Money and property is under custodia legis if taken through

official judicial processes.

What is the rule under RA 9165, DDL?
o Any public officer or employee who is accountable for

to the national treasury and for which a general fund

Ex. Received money from execution sale and

If he fails to account for it, although he was not

benefited. Is he liable?
o HELD:
The municipal mayor is an accountable officer,

because under the Government Auditing Code, he was obliged

to account for the cash advance. Fact of lack of benefit does

Not anymore.

It should be prosecuted under R.A.

9165 alone.
If a private individual profits from the fruits of malversation, since
he cooperates as an accessory, can he be liable?
o He can be liable for malversation as an accessory.
There must be concrete evidence that:
o 1. He received public funds/property
o 2. There is a shortage of such
Can a public officer give vale (allowances) to a co-employee?
o No. Government Auditing Code you cannot give vale to a
co-government employee.

not exempt him from liability.

113

To tolerate such a practice is to

sanction every public officer to turn public funds into a lending

business. So giving vale is NOT ALLOWED.

If one misappropriates different types of property: guns, money,
etc., how many crimes are committed?
o If he did everything in one occasion, just one crime
o If multiple times, as many crimes of malversation as the

number of times he misappropriated.

o N.B. So it is determined by instances, not types of property.
Clerk of court has custody of 100K consigned with court. The

sheriff stole it when the clerk went out for lunch. Is the sheriff
guilty of malversation?
o No. He is not the accountable officer. If the clerk is negligent,

he is liable for malversation through negligence. The sheriff is

liable for theft.

What is the effect of restitution?
o Restitution does not exempt him from criminal liability,
o At best it is a mitigating circumstance analogous to voluntary

surrender.
If person is charged with dolo, can he be found to have committed

it by culpa?
o Yes.
Do the aggravating circumstances of abuse of confidence and

purpose than that provided for by law or ordinance

o But he did not get it for himself
Is this included in malversation in 217?
o No, this is separate and independent from malversation in Art.
217
Does ordinance include appropriations even by boards?
o Yes.

INFIDELITY IN THE CUSTODY OF PRISONERS (223-5)

How is infidelity in the custody of prisoners committed?

o By dolo or culpa.

Dolo with connivance or consent

Culpa with negligence

o What kind of negligence is required here?

One that approximates malice or deliberateness. If

one was negligent but not grossly, it is just ground for

FAILURE TO ACCOUNT (218)

Elements:
o 1. Public officer
o 2. Accountable officer
o 3. Required by law or regulation to render accounts to
o

that for which it has been appropriated for

Gravamen of crime: use or application of funds/property for some other

Infidelity of public officers

taking advantage of public position apply?

o No, they are INHERENT in crime of malversation.

Elements:
o 1. Public officer
o 2. Has public fund or property under administration
o 3. Has been appropriated by law or ordinance
o 4. Applies such fund or property for public use OTHER THAN

government or provincial auditor

4. Fails to make account within 2 months

administrative sanction.
What are the elements of evasion through negligence?
o 1. Offender is public officer
o 2. He is charged with conveyance or custody of prisoner
(whether detention or final judgment)
o 3. Prisoner escapes due to officers negligence
Does evasion through negligence require connivance or consent
of the officer?
o No. This is evasion through dolo.

TECHNICAL MALVERSATION (220)

114

Can private persons be liable under this provision?

o Yes, for both forms, but the penalty is lower.

The private

Other offenses or irregularities

person must be entrusted with custody of the prisoner.

OPENLY REFUSE TO EXECUTE JUDGMENT OF SUPERIOR COURT, ETC. (231)

INFIDELITY IN THE CUSTODY OF DOCUMENTS (226-8)

What are the elements of infidelity in custody of documents?

o 1. Offender is public officer
o 2. Document is abstracted, destroyed, or concealed
o 3. The document was entrusted to the officer by reason of his

office
o 4. Damage or prejudice to the public interest or a third person
What are the modes of committing this offense?
o 1. Officer removes, destroys, conceals documents entrusted to

OTHER REFUSALS (232-4)

him

Must have damage

2. Officer breaks the seals or permits them to be broken and

the officer is charged with custody of the papers

3. Officer breaks the seals or permits them to be broken and

of

duty,

he

handles

mail

matter

and

misappropriates it
REVELATION OF SECRETS (229-230)

official capacity
2. Public officer wrongfully delivers papers he is in charge of

and which should not be published

3. Public officer who reveals secrets of private individual known

See RA 9745 law on torture

Who are the public officers?
o Those with custody of or in charge of the prisoner
o Custody must be actual and not just by fiction of law
Who is the victim?
o The prisoner, the detention prisoner, or convict who was
subjected to maltreatment
If he inflicts physical injuries without intent to kill or he kills the prisoner,
he may be guilty for maltreatment of prisoners and either PI or

What is covered by these provisions?

o 1. Public officer who reveals secret known to him by reason of
o

public service
3. Refusal to discharge elective office

MALTREATMENT OF PRISONERS (235)

thereof
Qualified theft: mail matter not entrusted, but in the course of
performance

What are the other kinds of refusal?

o 1. Disobedience to order of superior officer
o 2. Refusal of assistance in the administration of justice or other
o

the officer is NOT charged with custody of the papers

Distinguish this from qualified theft:
o Infidelity: mail matter is entrusted to the official custodian
o

What is openly refusing?

o Promptly and unreservedly refusing to execute judgment
o There must be clear and manifest refusal
o And there must be criminal intent to defy superior authority
What if the decision is void?
o Disobedience to void or invalid decision is not a crime

homicide/murder
ANTICIPATION, PROLONGATION, ABANDONMENT OF DUTIES (236-8)

to him by reason of official capacity

Judge who continues to exercise functions of an abolished position, in

GF, is a de facto officer

Abandonment must be total and under such circumstances indicating
absolute relinquishment

115

USURPATION OF LEGISLATIVE POWERS / EXECUTIVE FUNCTIONS/ LEGISLATIVE

FUNCTIONS

(239-241)

Usurpation of one department of the powers of another

Does not cover usurpation within the same department. Different
provision covers such usurpation

N.B. doesnt cover mothers

What if a crime against chastity or person is committed?
o Art. 245 is absorbed
Public Authority is an Aggravating circumstance

R.A. 3019 ANTI-GRAFT AND CORRUPT PRACTICES ACT

What does RA 3019 cover?

o 1. Covers elected and appointed officials and employees,
permanent or temporary, whether classified, unclassified, or

UNLAWFUL APPOINTMENTS (244)

exempt service receiving compensation, even nominal, from

What is required?
o Must be aware that the person nominated or appointee does

not have the legal qualifications.

Is good faith a defense?
o Yes.
Differentiate nominating and recommending:
o Merely recommending is not a crime under this provision.
o To be liable must nominate someone not qualified

C, D, and K (one who urges release of confidential information

for K)
What are the punishable acts?
o a. Persuading, influencing, or inducing a public officer to
o

What are the violations?

o 1. Public officer solicits or makes immoral or indecent

intervene
c. Requesting or receiving any benefit from another for whom
the public officer will secure or has secured a government

advances to a woman interested in matters pending before

commit a violation or offense

b. Requesting or receiving any benefit for himself or another in
a transaction with Government where the public officer has to

ABUSES AGAINST CHASTITY (245)

government
2. Also covers the private individuals involved in paragraphs B,

such officer

No need for solicitation to be accepted

2. Warden or other public officer directly charged with

permit or license
d. Accepting or having a family member accept employment in

care/custody of prisoners or persons under arrest solicits or

private enterprise with pending official business with him

During pendency and up until 1 year after termination

e. Causing undue injury to a party/government or granting
unwarranted benefits to a party through evident BF or manifest

makes indecent advances to a woman under his custody

3. Jail warden makes immoral advances or solicitation to the
wife, daughter, sister, or relative within the same degree of

gross inexcusable negligence

f. Neglecting or refusing to act upon official duty with just cause

affinity of any person in the custody of such warden/officer

So here, the prisoner is male but the solicitation is

to obtain some benefit or to discriminate against/favor a party

g. Entering in manifestly and grossly disadvantageous contract
on behalf of Government

against a female

116

h.

Having

pecuniary

interest

in

any

transaction

with

Government upon whom he intervenes

i. Having material interest in any transaction or act requiring

discretionary approval by a board which he is part of, even if he

o

R.A. 9372 HSA

or to a mere dummy of the latter

o k. Divulging confidential information
What are the exceptions?
o Unsolicited gifts of small or insignificant value offered or given

R.A. 7080 ANTI-PLUNDER ACT

What is the definition of ill gotten wealth?
o Any asset, property, enterprise, or material possession of any
person acquired by him directly or indirectly through dummies,
nominees,

agents,

subordinates,

associates

by

any

combination or series of the following means:

1. Malversation of public funds

2. Receiving kickbacks or shares in government

contracts
3. Fraudulent conveyance of government assets
4. Accepting equity shares or future employment in

business enterprise
5. Establishing monopolies to benefit certain persons
6. Taking undue advantage of public position to enrich

himself
What is the plunder?
o Public officer who by himself or with others amasses ill-gotten
wealth through a combination or series of overt or criminal acts

predicate acts
What is pattern?
o At least two such acts within a 10-year span (from the RICO
Act)

votes in the negative

j. Knowingly granting a benefit in favor of an unqualified person

as mere ordinary token of gratitude/friendship

Combination is the commission of at least two different

(see above) amounting to at least 75M pesos

What is series/combination?
o Series is the repetition of the same predicate act

What are liabilities of authorities?

o 1. Unauthorized or malicious interception or recording of
o

communication or conversation
2. Failure to turn over detainee within 3 days to judicial

o
o

authorities
3. Violating rights of the detainee
4. Failure to keep official custodial logbook and required

o
o
o
o

contents
5. Threat, intimidation, coercion, torture in investigation
6. Infidelity in custody of detainees
7. Unauthorized use of classified materials
8. Furnishing false evidence, forged document, spurious

evidence
o 9. Refusal or delay in release of acquitted person
What are the unlawful acts related to banks?
o 1. Failure to notify person of freezing of bank deposits or
o

accounts
2. Copying, removing, destroying joint affidavits re: frozen

o
o
o
o

deposits
3. Unauthorized or malicious examination of bank
4. Bank officials or employees defying court authorization
5. Unjustified refusal to restore frozen deposits
6. Loss, misuse, diversion of frozen or seized assets

VIII: CRIMES AGAINST PERSONS

PARRICIDE (246)

117

What are the elements of parricide?

o 1. A person is killed
o 2. The deceased is killed by the accused
o 3. Deceased is the parent or child (whether legitimate or

DEATH UNDER EXCEPTIONAL CIRCUMSTANCES (247)

illegitimate), legitimate ascendant/descendant, or spouse of the

o

accused
When is legitimate relationship required?

NOT between parent and child.

But
for
every
other
ascendant-descendant

committed by anyone
In parricide, conspiracy cannot be applied because relationship

is an essential element, so the non-relative co-conspirator

cannot be charged with parricide; Conspiracy can apply to
o

When does it apply?

o Legally married person surprises his spouse in the act of
sexual intercourse with another person and kills any or both of

relationships, it must be legitimate.

What if the child is less than 3 days old?
o The crime is infanticide
Distinguish between parricide and infanticide:
o Basis of parricide is relationship; infanticide is age
o Parricide committed only by relatives enumerated; Infanticide
o

What if the victim did not die?

o Frustrated or attempted parricide
What if there is no intent to kill?
o Physical injuries

infanticide because relationship is not determining

Concealment of mothers dishonor is mitigating in infanticide

but not parricide

Can parricide be complexed with unintentional abortion?
o Yes.
o Ex. X stabbed his wife to death, and the wife was pregnant at

the time. The unborn child dies.

Is there robbery with parricide?
o No. Its still robbery with homicide. Homicide is used in its
generic term, so it includes parricide and infanticide.
Can it be committed by culpa?
o Yes. Can be committed by culpa
o Ex. Spouses were quarreling and in retaliation, the husband

drove the car with recklessness, killing his wife.

118

them in the act or immediately thereafter

Or under same circumstance, parents with respect to minor

daughters living with them, vis--vis seducers

What must be the nature of intercourse?
o Sexual intercourse must be consensual
o Even if not consensual, Article 247 can still apply if husband
acted due to mistake of fact.
Does Article 247 cover sexual assault?
o No, it only mentions actual intercourse.

RA 8353 did not

amend Article 247.

What if the killing happens an hour later?
o It is fine, if the killing was still proximate and it must be the byproduct of the spouses rage
What if the spouses were living separately?
o It is not a required element so Article 247 can still apply.
o But for minor daughters, she must live with her parents.
What is the punishment?
o Destierro, if there is death.
o None, if only physical injuries
o Must the court take into consideration mitigating and
aggravating circumstances?

No, because destierro is not a punishment per se

Who cannot benefit?
o One who prostitutes his spouse or daughter
Is there civil liability for the killing of the paramour/spouse?

No, because Art. 247 is an absolutory cause a crime is

bedroom to take her jewelries. H said W should just leave and not

homicide to become murder?

o It only takes one to qualify it to murder
o The other will become a generic aggravating circumstance (but

take the jewelry. W tried to stab H, H stabbed W. Does Art 247

since the DP has been abolished, so the penalty will not be

committed but there is no criminal liability

H caught his W in the act and told her to leave. W went inside the

apply?
o No; NOT Art. 247 because he was protecting himself. This

was self-defense (Article 11).

Can a relative invoke Article 247?
o No. But he can invoke Article 11, defense of honor but the

affected murder is already RP)

May treachery apply in abberatio ictus?
o Yes, if the unintended victims were helpless to defend

themselves
What about dwelling and nocturnity?
o They are not qualifying per se, but they can be instrumental in

act must be reasonable.

What if in the course of firing upon his spouse and the paramour,

treachery, which can qualify

the offended spouse accidentally injures a third party caught in the

HOMICIDE (249)

crossfire. What is the crime?

o Article 365 applies: SPI/LSPI through simple imprudence
o It cannot be attempted homicide because there is no intent to

kill and moreover, the accused was not committing a crime in

killing his spouse and the paramour

MURDER (248)

When is homicide qualified to murder?

o 1. Treachery, superior strength, aid of armed men, employing
o
o

What if there is more than one qualifying circumstance for

means to weaken the defense

2. Price, reward, or promise
3. Inundation, fire, poison, explosion, etc., or by means of

motor vehicles
o 4. On occasion of a calamity
o 5. Evident premeditation
o 6. Cruelty, scoffing at the corpse
What if the killing is not homicide (ex. parricide or infanticide)?
o Then the qualifying circumstances above just become generic
o

What is homicide?
o Killing of any person which does not constitute parricide,
murder, or infanticide, and without justifying circumstance
What is the rule on intent to kill?
o When consummated, it is presumed and hence need not
o

established
When the victim did not die, intent to kill becomes a specific

criminal intent which must be established BRD

Otherwise, just physical injuries

When death supervenes, intent to kill is presumed from

voluntary commission of an unlawful act

Is there frustrated homicide through reckless imprudence?
o No. Homicide means there is intent. Fall back on the concept
that if there is no death, no homicide is presumed.
What is the special aggravating circumstance for those who
commit murder, homicide, SPI, or intentional mutilation and the

aggravating circumstances
It must be homicide

119

victim is under 12, under RA 7610?

o The punishment is RP regardless
When does VAWC apply, and when does homicide/murder apply?

If

there

is intent

to

kill,

its attempted

or frustrated

murder/homicide.

Of course, if the victim dies, murder/homicide.

o For acts of violence without intent to kill, VAWC applies.
Under RA 8294, when does illegal possession of firearms become

where the actual killer (or inflictor of SPI) is not known. If the

aggravating?
o For murder and homicide.

Nepomuceno: included parricide in this provision,

o

because it also involves taking of life

Whereas for rebellion/insurrection, sedition, attempted coup,

its just absorbed as an element of the crime.

N.B. Simple illegal possession of firearms can only be

there is some other crime committed, the illegal possession is

absolved (ex. alarms and scandal, attempted homicide, etc.)

What is an unlicensed firearm?

1. One without a license

2. One with expired license

3. Unauthorized use of licensed firearm in the

commission of a crime
What about the use of unlawfully manufactured, acquired,

ascertained
2. But those who inflicted violence on the person can be

determined
Who is the victim in 252?

Must be a participant in the affray

What if the person who committed the killing (251) or SPI (252) can

be ascertained?
o Then neither 251 nor 252 can apply.
What if one group in a concerted and planned effort attacked the

aggravating circumstance
Except in furtherance of political crimes, which

absorbs the use of explosives

What if a person is killed in the course of or in the occasion of
carnapping?
o It becomes qualified carnapping. Article 48 does NOT apply.

other and the latter only defended themselves?

o All of the members of the attacking group are liable for all
injuries on the basis of Art. 8 (Conspiracy) the act of one is

DEATH IN TUMULTUOUS AFFRAY (251) AND PHYSICAL INJURIES IN TUMULTUOUS

AFFRAY

be identified
Who is the victim in 251?

Someone meaning, it can be a participant or a

mere passerby
What about 252?
o 1. Same circumstances, but nobody died; there are just SPI,

results to injury or death of any person, it is an

attacking another

Otherwise, conspiracy will apply

3. Persons attack one another is a tumultuous manner
4. Cannot determine who killed the deceased
5. Person who inflicted physical injuries on the deceased can

and the person who actually inflicted the SPI cannot be

or possessed explosives?

If used to commit ANY of the crimes in the RPC and it

person is identifiable, then these articles do not apply.

Elements of 251:
o 1. Several persons means more than 2 in each group
o 2. They are not groups that are organized for the purpose of

o
o
o

committed if no other crime is committed with such firearm. If

What is the nature of Articles 251-2?

o Does not define a crime. It only provides penalty.
o What is contemplated here are deaths in a tumultuous affray

the act of all

(252)

120

What if the group is organized?

o Then conspiracy will apply too.

bullet.

ASSISTANCE TO SUICIDE (253)

INFANTICIDE (255)

Is suicide a crime?
o No. A person trying to commit suicide does not commit a

crime, even if he fails to kill himself.

What is contemplated in 253?
o A person has decided to commit suicide and requested another
o

to assist in his suicide.

If the initiative did not come from the deceased, obviously, its

homicide or murder.
If X jumps to kill himself, lands on another, and kills that other

less
What if the fetus is not yet viable?

Then it is abortion
o 3. The infant killed was less than 3 days old
Who can commit the crime?
o Anyone, even if not a relative
Can treachery apply as an aggravating circumstance?
o No. Treachery is inherent in infanticide
o As with abuse of superior strength
What is the extenuating circumstance of concealment of dishonor?
o If committed by the mother of the child to conceal her dishonor,

DISCHARGE OF FIREARMS (254)

Elements:
o 1. Child is born alive
o 2. The child is already viable (capable of independent
existence)

Who is not viable?

Fetus with intra uterine life of 6 months or

person, what is the crime?

o S can be liable for the death of the other person
o Others believe not liable

Yes. This is if a random person gets hit by the discharged

Elements:
o 1. Offender discharges a firearm against or towards another
o 2. With no intention to kill or injure but only to scare
What if there is intent to kill?
o Then it is murder or homicide in attempted or frustrated stage
What if there is no intent to kill but the person was hit?
o Physical injuries (S, LS, or slight)
What if he fires in the air?
o Its Tumults/serious disturbances (153) or Alarms and scandals

her penalty is mitigated

Also can be committed by the maternal grandparents

ABORTION (257-259)

(155)
What if the firearm is unlicensed?
o Under RA 8294, it doesnt matter because another crime is

committed (discharge of firearms)

Can discharge of firearms be complexed with S/LS Physical
injuries?

121

When is there abortion?

o 1. Fetus is still drawing life from his mother
o 2. Fetus is not yet breathing on its own
o 3. Baby had intra-uterine life of less than 7 months and is killed
within 24 hours
What are different kinds of abortion?
o 1. Intentional abortion
o 2. Unintentional abortion

What are the means by which intentional abortion is done and

punished?
o 1. Violence upon person of pregnant woman (RT)
o 2. Without violence, but without consent of woman (PM)
o 3. With consent of woman (PC)
What else in included?
o 1. Abortion practiced by the pregnant woman herself or her
o

parents
2. Abortion performed by a physician or midwife

Does the alternative-aggravating circumstance of

Offender may or may not know of the

pregnancy

There is intent to abort

There is intent to inflict violence, but

no intent to abort

to

Elements:
o 1. Previous agreement to fight
o 2. Two or more seconds for each combatant

N.B. seconds are those who enforce the rules of the

duel, who take their place if they cant finish, etc.
3. Choice of arms and other terms of agreement must be

agreed upon by the seconds

How is resulting death or injuries punished?
o Homicide or physical injuries
Who is the offender?
o 1. Person who challenges another
o 2. Person who incites another to challenge an adversary
o 3. Person who accepts challenge from an adversary to a duel
o 4. Scoffing or decrying another for having refused to accept a
challenge to fight or duel

unintentional abortion
X stabbed and killed his wife 9 months pregnant. What is

MUTILATION (262)

the crime?

Parricide with unintentional abortion

Does concealment of dishonor by the mother or maternal (almost)

grandparents also apply to unintentional abortion?

o Yes.
Intentional abortion

Offender knows of the pregnancy

because there has to be prior violence with

Always by another person

but unintentionally

What does unintentional refer to?

There must be no intent to abort the child.

But unintentional does not refer to culpa,

intent committed.
What if the violence was caused by imprudence?

It is not unintentional abortion

It is reckless/simple imprudence resulting

By woman herself or another person

is already punished accordingly.

Can there be frustrated abortion?
o Yes, according to J. Regalado
What is unintentional abortion?
o Another person (not the woman) causes abortion by violence,

Always with physical violence

DUEL (260-1)

high degree of education apply here?

No, the education is an element of the crime

With or without violence

Unintentional abortion

122

What is mutilation?
o Intentional chopping off of a part of the body which will not
grow again
What is controlling?
o There must be intent to mutilate. So it cannot be by culpa.

What if there is no direct intent to mutilate?

o Just serious physical injuries
What if there is intent to kill?
o Frustrated homicide or parricide
Can mutilation be punished under VAWC?
o No, because RA 9262 says that mutilation is punished under

habitually engaged in
o

(264a)
3. Taking advantage of his weakness of mind or credulity

(264b)
What is the classification of injuries and penalties based on

severity (most severe to least)?

o Par. 1:

MENTAL insane or imbecile

PHYSICAL impotent or blind

Blindness: must be complete

Impotence: loss of power to procreate and

not copulation
N.B. if castration was done with intent to

Par. 4:

excessive chastisement
o 2. Presence of any of the qualifying circumstances for murder
How does SPI relate to robbery with physical injuries?
o 1. Par. 1, if committed by reason or on occasion of robbery
o

(RT med RP)

2. Par. 2, if committed by reason or on occasion of robbery

(RT)
3. Par. 3-4, if committed in course of execution of robbery
(PM max RT med)
What is in course of execution of robbery?

It means the robbery is not yet

mutilation, not SPI

Par. 2:

LOST POWER TO speak, hear, smell

123

ILLNESS OR INCAPACITY TO WORK more than

30 days
What are the circumstances qualifying SPI?
o 1. Victim is any of those of parricide

Except for parents, on injuries inflicted by them due to

deprive the victim of the power of generation:

o

natural healing process

LOST BODY PART any other part
ILLNESS OR INCAPACITY TO WORK more than
90 days

What is the most important thing to remember for PI?

o There must be no intent to kill
How is SPI committed?
o 1. Wounding, beating, or assaulting another (263)
o 2. Knowingly administering injurious substances or beverages
o

Deformity

Injury resulted to an ugliness upon the

offended that would not disappear through

SUBSTANCES OR BEVERAGES (264)

Par. 3:

the RPC, and not VAWC

When is the punishment greatest?
o When what is cut off is a body part for reproduction

SERIOUS PHYSICAL INJURIES (263) AND ADMINISTERING OF INJURIOUS

LOST USE OF eye, hand, foot, arm, leg

LOST BODY PART eye, hand, foot, arm, leg
INCAPACITY TO WORK permanent, as to job

completely

accomplished when the SPI were inflicted

As opposed to par. 1-2, where it can be by reason of

or in the occasion of robbery

When does Art. 264 apply?

When injurious substances are introduced or injected into the

body of the victim

What is important (again)?
o No intent to kill
What if the substance is poisonous?
o Murder (or attempted/frustrated)
Can this be committed by culpa?
o No. There must be intentional introduction of the substance
What if the offender is not aware that the substance is injurious?
o Serious physical injuries through reckless imprudence
What if there is intent to kill but the quantity is not enough to kill?
o SPI or LSPI
o Not an impossible crime

X slapped Y. Y did not sustain physical injury or need medical

attendance. What is the crime?

o Slight PI
o What if the purpose is to humiliate Y?

Slander by deed
What if the injury was not serious at the onset but later on
becomes serious?
o The crime committed can change on the ultimate injury caused
o Ex. frustrated can become consummated
o Ex. SPI can become homicide

RAPE (266-A AND 266-B)

LESS SERIOUS PHYSICAL INJURIES (265)

When are there LSPI?

o When the incapacity of the offended party is 10-30 days, or he

requires medical attendance for the same period

What are the qualifying circumstances for LSPI?
o 1. Ignominy or to insult or offend the victim (additional fine)
o 2. Victim is offenders parent, ascendant, guardian, curator,

penalty)
But isnt harming a PIA direct assault?

Yes. So this provision only applies if the PIA is not

performing acts in the course of his duties

Or if the offender didnt know the victim was a PIA

SLIGHT PHYSICAL INJURIES AND MALTREATMENT (266)

When is there slight PI (from highest degree to lowest)?

o 1. Incapacity of offended party is 1-9 days
o 2. Physical injuries do not prevent the victim from engaging in
o

offended party is no longer needed to file.

May husbands be liable for rape/sexual assault on their lawful
wives?
o Yes. While he has the right to use persuasion, he cannot use

teacher, or persons of rank or PIA (next higher degree of

o

What is the nature of rape since RA 8353?

o It is a crime against persons
o Thus, it may be filed by the public prosecutor. Consent of the

habitual work and did not require medical attendance

3. Maltreatment by deed

124

force, violence, or intimidation.

Wife has the right to refuse, for instance, if they are legally

separated or the husband has AIDS.

What are the two classifications under RA 8353?
o 1. Rape
o 2. Sexual assault
o What if an offender inserts his organ and then his finger in
a womans vagina?

One count of rape, and one count of sexual assault

Who may be the offender and offended in rape and sexual assault?
o Rape is always a man against a woman

What is the exception?

A woman may be guilty of rape as an

accomplice or principal by indispensable

cooperation
o Sexual assault may be committed by or against men or women
Is there frustrated rape or sexual assault?
o No. It is always in the attempted or consummated stage.
o It is enough that a part of the object or organ passes through

and grave abuse of authority?

The offender succeeds by pretending to be

part of the victim

A father raped his daughter, but claimed the latter

authority substitute for violence.

The same rule applies for uncles, common

law husband of mother, etc.

X injected a drug into Ys body and forced sexual

mere possession
2. Victim is under custody of police or military
3. Committed by AFP, PNP, or other law enforcer
[Adverse effect on the victim]
4. Victim became insane on occasion of rape
5. Victim suffered permanent physical mutilation or disability
6. Offender knows he has HIV, AIDS, or other STD
[Relationship]
7. Victim is under 18 and offender is a parent, ascendant, stepparent, guardian, relative by blood or affinity to 3 rd degree,

intercourse upon her. What is the crime?

Still rape. The drug took away her ability to

o

doctor to patient, etc.

4. Under 12 years old or demented

This is statutory rape. No need for force, threat,

intimidation, or other circumstances to exist.

What are the qualifying circumstances?
o [Weapons/military]
o 1. Use of deadly weapon or by 2 or more persons

It must be used to intimidate the woman, and not just

o
o
o
o
o
o
o
o

did not resist. Is it still rape?

Yes.
Moral ascendancy and parental

his twin brother is a fraudulent machination

Grave abuse of authority is one done by an
employer to an employer, teacher to student,

able to achieve his purpose

What is the nature of fear?

It includes fear of harm or death

What is the nature of intimidation?

It must be viewed in the eyes of the victim

And sufficient enough to cause fear on the

not capable of giving consent to intercourse

What is the extent of deprivation of reason?

Need not be complete

3. Fraudulent machination or grave abuse of authority

What is an example of fraudulent machinations

the genitals, anal orifice, or mouth to consummate the crime.

What is the instrument covered by sexual assault?
o It can be a body part or other things
What are the means by which rape is committed?
o 1. Force, threat, intimidation

What is the nature of force?

Can be actual or constructive

What is important is that the offender was

Intellectually weak to the extent that she is

resist.
2. Offended party is deprived of reason or unconscious

Deprived of reason:

125

common law spouse of parent of victim

8. In full view of the spouse, parent, children, or other relatives

o
o

up to 3rd degree
[Specially protected victims]
9. Victim is under 7 years old

10. Victim has religious vocation or calling and it is known by

o
o

the offender prior to the rape

11. Victim was pregnant and it is known by the offender
12. Victim has mental disability, emotional disorder, or physical

handicap and it is known by the offender

How many circumstances are needed to qualify rape?
o Just one.
o Are the other qualifying circumstances treated as generic
aggravating?

No.
What is the special complex crime?
o Homicide committed on occasion of rape or sexual assault

Homicide is used in its generic term

No such thing as Rape with Murder. Its always Rape

o

with Homicide.
What is on the occasion?

There is logical connection between the rape and

homicide.

There is no appreciable amount of time lapsed

What is the rule on pardon?
o The valid marriage between the offender and offended party
o

profession
6. Inflicting or threatening to inflict physical harm to control

womans actions or decisions

7. Using force or intimidation to have the woman or child

perform non-rape sexual activity

8. Acts that cause emotional or psychological distress to the

woman or her child. Ex:

A. stalking

B. peering or lingering

C. entering dwelling against their will

D. destroying property or harming animals or pets

E. harassment or violence
9. Causing mental or emotional anguish, public ridicule, or
humiliation to the woman or her child

R.A. 9775 ANTI-CHILD PORNOGRAPHY LAW

shall extinguish the action or the penalty imposed.

If the offender is already her husband, then subsequent
forgiveness extinguish the action or penalty.

R.A. 9262 VAWC

A. threaten to deprive custody

B. threaten to deprive financial support
C. threaten to deprive a legal right
D. preventing woman from engaging in lawful

What are the punishable acts?

o 1. Physical harm to woman or her child
o 2. Threatening to cause such physical harm
o 3. Attempting to cause such physical harm
o 4. Placing woman or her child in fear of imminent physical harm
o 5. Attempting to have the woman or her child do something

Who is a child under RA 9775?

o 1. Below 18
o 2. Mentally incapacitated
o 3. Person of age, but depicted as a child
o 4. Computer generated child
What is child pornography?
o Representation, visual, audio, or written, of child engaged in
o

real or simulated explicit sexual activities.

Explicit sexual activities are:

1. Genital-genital, genital-oral, anal-genital, whether

they can refuse to do, stop doing what they have the right to
do, or restrict freedom of movement. Non-exclusive list:

126

heterosexual or homosexual
2. Bestiality
3. Masturbation
4. S&M

5. Lascivious exhibition of genitals, buttocks, breasts,

pubic area, or anus

6. Use of object or instrument for lascivious acts

What are the unlawful or prohibited acts?
o [Producing]
o 1. Hiring or using child in porn
o 2. Produce, direct, manufacture child porn
o 3. Intentionally provide venue for commission of prohibited acts
o
o
o

one another
R.A. 8049 ANTI-HAZING LAW

(cinemas, dens, private rooms, etc.)

[Selling/distributing]
4. Sell, distribute, publish, or broadcast child porn
5. Possess such with intent to sell, distribute, publish, or

tasks or subjecting him to physical or psychological suffering or

such acts?

Possession of at least 3 copies of child porn

porn
7. Pandering child porn

Selling or distributing material causing another to

o
o
o

the

material

contains

child

rites
Notice contains:

1. Names of all those subjected to activities

2. Time period
o 3. Initiation must not exceed 3 days.
Liable as principals:
o 1. Officers and members who actually participated in the

porn,

regardless of actual content

[Corrupting children]
8. Parent or guardian knowingly permitting the child to engage
in porn
9. Luring or grooming a child

Luring: communicating through computer with child to

o
o
o

that

injury
Requisites of valid initiation rites?
o 1. Include no physical violence
o 2. Prior written notice to school authorities or head of the
organization (ex. AFP) 7 days before the initiation.

The school/organization sends a representative to the

in the same form

6. Distributors, theaters, telecom companies distributing child

believe

What is hazing?
o Placing recruit in some embarrassing or humiliating situation
such as forcing him to do menial, silly, foolish, and other similar

broadcast

When is there prima facie evidence of intent to do

o [Conspiracy]
o 12. Conspiracy to commit any of the prior acts
When is there a syndicate for child porn?
o At least 3 or more persons conspiring or confederating with

facilitate sexual activity or production of porn

Grooming: preparing child for sexual activity by

communicating child porn

[Accessing child porn]
10. Willfully accessing child porn
11. Possession of child porn

infliction of physical injury or death

What is prima facie evidence of participation?

Merely being present there

2. Officers or alumni who planned the hazing although not

present
3. Parents of member whose house is used, if they knew but

did not prevent such acts from happening

Liable as accomplices:
o 1. Owner of the place where it was done, if he has actual
knowledge of what is happening

127

2. School authorities who consented to the hazing or knew, but

did not prevent

Which MC does RA 8049 not allow?
o Praeter intentionem
What are the qualifying circumstances?
o 1. Recruitment accompanied by force, violence, threat,
o

intimidation, or deceit on the recruit

2. Recruit consented to join but wanted to quit upon learning

about hazing, but was not allowed to quit

3. Recruit was prevented from reporting to parents or

o
o

authorities through force, violence, threat, intimidation

4. Hazing committed outside school or institution
5. Victim is below 12 years old

R.A. 9344 JUVENILE JUSTICE AND WELFARE ACT

What are the prohibited acts by competent authorities?

o 1. Branding or labeling the child as young criminal, juvenile
o

delinquent, prostitute, or attach other derogatory names

2. Making discriminatory remarks as to childs class or ethnic

o
o

origin
3. Employment of threats of whatever kind or nature
4. Using abusive, coercive, and punitive measures (cursing,

o
o

beating, stripping, etc.)

5. Using CIDT
6. Compelling child to perform involuntary servitude

IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

KIDNAPPING AND SERIOUS ILLEGAL DETENTION (267)

What is the specific intent needed?

Specific intent is to deprive liberty

Does deprivation just involve imprisonment or

locking up?

No. It can include deprivation of liberty

in whatever form, and for whatever
length of time.

No need for actual deprivation of liberty,

even if free to roam around, but cannot
go home or go anywhere, there is still
deprivation of liberty
o 3. Detention is illegal

i.e., no consent was given

When is lack of consent presumed?

Presumed if the victim is a minor.

Can there be kidnapping even if the victim initially

agreed to go with the offender?

Yes. If at the onset, the victim agreed to

go with the offender, but is thereafter
prevented with use of force from leaving
the place, and there was deprivation of
liberty, there is kidnapping.
o 4. At least one of the circumstances in Art. 267 applies
When does it become Kidnapping and Serious Illegal Detention
under Article 267?
o 1. Detention lasted more than 3 days
o 2. Offenders simulated public authority
o 3. Physical injuries were inflicted on the victim
o 4. Threats to kill the victim were made
o 5. Victim is a female, public officer, or minor (except when
accused is one of the parents)
o Is length of time relevant?

Only for the first paragraph (more than 3 days).

Duration or length of time is irrelevant if any of the
circumstance in par. 2 to the last paragraph of Art.
267.

Elements of kidnapping/SID?
o 1. Committed by private individual
o 2. Kidnaps or detains another or otherwise deprives him of
liberty

128

If the private individual pretended to be a policeman, is it a

police crime of kidnapping with usurpation of public
authority?

No. The usurpation of public authority is a mode of

committing kidnapping (par. 2) so it is not a distinct
offense.
What are the qualifying circumstances?
o 1. Ransom is demanded

Must ransom be paid?

No, mere demand for ransom is enough.

What can ransom encompass?

Not just money but anything of value or

beneficial
o 2. Victim is killed or dies as a consequence
o 3. Victim is raped
o 4. Victim is subjected to torture or dehumanizing acts
Distinguish kidnapping from grave coercion:
o In grave coercion, a person is also prevented from leaving or
going to another place, but there is no actual confinement or
lockup of the victim.
o P v. Astorga: accused and victim where strolling in school
grounds where accused led victim to another town. The child
wanted to leave but accused did not let her, parents saw them,
not kidnapping but grave coercion
Is there a complex crime of kidnapping with SPI?
o No. Infliction of SPI is a mode of kidnapping (par. 3).
What if the victim in kidnapping is tortured?
o Under RA 9745, if the victim in crimes against persons or
crimes against liberty is tortured, then the penalty imposed is
the maximum.
What if the victim is killed?
o Special complex crime of kidnapping with homicide or
o Special complex crime of kidnapping with murder

N.B. unlike robbery (which is always just attended by

homicide), there can be special complex crime of
kidnapping with murder

129

When do such special complex crimes arise?

o When there is a logical connection or intimate relation between
the kidnapping and the rape or homicide.
o This applies even if the rape or killing is merely an afterthought.
o What if the person dies in crossfire due to police officers
firing?

There is still kidnapping with homicide because its

only required that there is a logical connection with
the kidnapping or that arises from it
o What about torture?

Apply RA 9745 instead.

Dehumanizing acts this has been amended by RA

9745, which considers torture as distinct from
dehumanizing acts
What if two persons were killed by reason or on occasion of the
kidnapping?
o There are as many crimes as the number of persons
kidnapped.
o So in this example, there are two counts of the special complex
crime of kidnapping with homicide.
What if a component crime of the special complex crime was
merely attempted or frustrated?
o There is no special complex crime. The special complex crime
only arises when all component crimes are consummated.
o If victim subjected to attempted or frustrated homicide/murder,
this is separate from the crime of kidnapping, do not use Art.
48
X and Y kidnapped Z, took his car, and demanded ransom. When
they failed to get ransom, they killed Z. What are the crimes?
o 1) Kidnapping with homicide for ransom. 2) Carnapping

There is a special complex crime.

o The SC, however, said that the crime is kidnapping for ransom
and carnapping, with the homicide as aggravating
circumstance. The odd thing is there is no law allowing for the
homicide to be an aggravating circumstance. (P v. Muit)

When is it simple murder, and when is it kidnapping with

homicide?
o Primary purpose of the offender is material in determining the
crime. If the primary purpose is to kill, its murder. If the
primary purpose is deprivation of liberty and the victim is killed,
kidnapping with homicide.
What about rape vis--vis kidnapping with rape?
o If the original purpose is rape, and the deprivation of liberty is
to fulfill this purpose, then rape. For kidnapping with rape, the
rape must just happen on occasion of the kidnapping.
Under PD 532 (highway robbery), what if kidnapping is committed
too?
o Qualified. Penalty is (before) death.
When will kidnapping of a person on the highway become a crime
under PD 532?
o The seizure must be directed not against a specific or
preconceived victim, but against anyone (indiscriminate).
o Must prove that the offenders are organized for the committing
of indiscriminate kidnapping.
Differentiate kidnapping from illegal detention:
o Kidnapping denotes taking of a victim
o Illegal detention consists in mere deprivation of liberty
Can murder and kidnapping with murder arise as two separate
crimes?
o Yes. Ex. X killed son of employer then kidnapped and killed
the other child, 2 crimes: murder and kidnapping with murder,
as the killing of the first child was already consummated at the
time the second was kidnapped and killed.

UNLAWFUL ARREST (269)

SLIGHT ILLEGAL DETENTION (268)

o 4. None of the circumstances in Art. 267 apply

What is the penalty for anyone who furnishes the place for the
perpetration of the crime?
o Same penalty as the principal
o What about in Kidnapping/SID?

The one who furnishes the place is liable as an

accomplice.
What is the special mitigating circumstance?
o If the offender voluntarily releases the within 3 days from
commencement of the detention:

1. Without having attained the purpose intended

2. Without institution of criminal proceedings yet

o N.B. It is NOT an exempting circumstance, it just reduces the
penalty
o Does this special circumstance apply to Kidnapping/SID
under Article 267?

No. Just 268.

What is one day?
o 24 hours from deprivation
Is the escape or rescue of the victim an exempting circumstance?
o No

Elements:
o 1. Offender is a private individual
o 2. Kidnaps or detains another or otherwise deprives him of
liberty
o 3. Detention is illegal

130

What is the tenor of this crime?

o Arrest of another for delivery to proper authorities but without
lawful cause
o Usual cause: arrest without warrant but not under any of the
exceptions under law
o Who are the proper authorities?

Those authorized to arrest another and file the

appropriate charges
Who may commit this crime?
o 1. Private individuals

2. Public officers (as long as the purpose is to bring the person

to proper authorities to file charges)
Compare to arbitrary detention (Art. 124):
o In arbitrary detention, the public officer had no intention to bring
the offended to the proper authorities but merely to detain the
victim
What if the officer plants evidence against the victim in order to
arrest him?
o It is arbitrary detention through incriminating machinations
under Article 363.
o

o
o

Kidnapping and SID cannot be committed by the parents of the

minor (paragraph 4 of Art. 267 says except when the accused
is any of the parents)
What if the parent kidnapped the minor child?

It would be under 271 instead.

What if the parent kidnapped his adult child?

Then Kidnapping/SID 267 can apply because the law

only excludes parents if the child-victim is a minor

ABANDONMENT OF PERSONS IN DANGER (275)

KIDNAPPING AND FAILURE TO RETURN A MINOR (270)

Elements:
o 1. Person is entrusted with the custody of a minor person
o 2. He/she deliberately fails to restore the latter to his parents or
guardians
Does this amend Article 267?
o No. The intent in the two crimes are different.
What is the essential element here?
o The deliberate failure or refusal to restore minor to parent or
guardian as the controlling intent
o What must be the nature of this intent?

Premeditated, intentional, malicious

Can this crime be committed by any of the parents?
o Yes. In fact, this reduces the crime (special circumstance in
Article 271 but applicable here)

TRESPASS TO DWELLING (280) AND OTHER FORMS OF TRESPASS (281)

INDUCING A MINOR TO ABANDON HIS HOME (271)

What are the different kinds of abandonment?

o 1. Failure to render assistance to a wounded/dying person
found in an uninhabited place
o 2. Abandonment of ones own victim in an accident
o 3. Failure to render assistance to an abandoned child below 7
years old

What if the child is over 7? Then the liability is

under RA 7610.

What is the tenor of this crime?

o Inducing a minor to abandon the home of his parents or
guardians or persons entrusted with his custody
Relate this with the crime of kidnapping and SID:

131

What are the two types of trespass to dwelling under 280?

o 1. Entering the dwelling of another against the latters will
o 2. Entering the dwelling of another against the latters will
through means of violence or intimidation
What are the elements of other forms of trespass under 281?
o 1. Person enters the closed premises or fenced estate of
another
o 2. It is uninhabited
o 3. The prohibition to enter is manifest
o 4. There is no permission secured from the owner or caretaker
What if person enters the dwelling of another to commit a crime
and commits such crime?

Dwelling is an aggravating circumstance and loses juridical

personality as a separate crime
When will there be two crimes?
o If the accused enters the house not to commit a crime, but
once he enters, he commits a crime.
o Two crimes: trespass to dwelling and the other crime
committed.
Must refusal of consent be express?
o No. It may be implied.
What if the occupant is a mere tenant or lessee?
o It is still trespass.
When is there no trespass committed?
o 1. Purpose of entry is to prevent some serious harm to the
person entering, occupants, or third persons
o 2. Purpose is to render some aid to humanity or justice
o 3. Places entered are cafes, taverns, inns, and other public
houses while open

What if these cafes, taverns, etc. are closed?

Then there is trespass to dwelling

What if the place is a disco, restaurant, etc?

They can still be the object of trespass but it

becomes trespass to property because these
are not dwelling
What are the other similar crimes?
o 1. Violation of dwelling (128)
o 2. Unjust vexation or light coercion (287)
o 3. Theft

If entry is to fish, harvest, gather, etc.

o 4. Vagrancy

If the property is not fenced and there is no prohibition

of entry
Who should give permission to enter the dwelling?
o Person of sufficient discretion.

GRAVE THREATS (282), LIGHT THREATS (283), AND OTHER LIGHT THREATS

(285)

What is a grave threat?

o Those made with deliberate purpose of creating in the mind of
the victim a belief that the threat will be carried out
o What is the nature of the threat?

Infliction upon the person, honor, or property of a

person or his family of any wrong amounting to a
crime
o Must there be a demand for money or any other condition?

There may or there may not be

What is a light threat?
o Threat to commit a wrong not constituting a crime, with a
condition imposed
What are other light threats?
o 1. Threaten another with a weapon or draw the weapon in a
quarrel, unless in lawful self-defense
o 2. In the heat of anger, orally threaten another with some harm
not constituting a crime, and it shows that he did not persist in
the idea (N.B. the code says not constituting but that wouldnt
make sense, because par. 3 covers that. So its supposed to
constituting a crime)
o 3. Any person who orally threatens to do any harm not
constituting a felony

Grave threat

Light threat

Other light threat

Threatens a crime

Threatens a wrong

Threatens a wrong

May or may not have a

condition

Must have a condition

Does not
condition

Indications show he
persists in the crime

132

have

Threat made in the

heat of anger and
indications show he
does not intent to
persist in the wrong

material force or serious intimidation that can control the will of

Can intimidation be committed by an intermediary?

o Yes
What if the threats are part of the element of intimidation/violence
in the commission of another crime, what happens?
o The threats are absorbed.
o Ex. threatening to kill unless she gave in to sexual advances of
accused, the crime is rape
What if the grave threats constitute force or intimidation to vacate
property?
o Not grave threats but usurpation of real property or real rights
over property
Distinguish from robbery through extortion:
o 1. Grave threats depend upon moral pressure.
o 2. If crime consists of securing on the spot the property of the
victim, it is robbery through extortion
How may multiple counts of grave threats be committed?
o There are as many counts of grave threats as the number of
people threatened
What is a bond for good behavior?
o For grave threat and light threat (not other light threats), the
court may require the offender to give bond not to molest the
person threatened
o If he fails to do so, he shall be sentenced to destierro
Is a threat to sue in court unlawful?
o No. The threat must constitute a wrong and suing in court is
not a wrong.

another
3. Person who restrains the will/liberty of another has no right

to do so
What are the two types of grave coercion?
o 1. Prevents another from doing something not prohibited by law
o

(preventive coercion) OR
2. Compel him to do something against his will, whether right

or wrong (compulsive coercion)

What if the subject of preventive coercion is an act

prohibited by law?

There is no grave coercion

But it can be some other crime:

e.g. physical injuries (if applicable),

unjust vexation (if no injury)

When is grave coercion aggravated?
o 1. Coercion in violation of right of suffrage
o 2. To compel another to perform or not perform any religious

right
Distinguish between grave coercion and SID/K?
o Grave coercion no intent to deprive another of his liberty
o SID there is intimidation, but to deprive liberty
What if the coercion is to prevent people from seeking grievance or

peaceably assembling?
o Article 131 (disturbance or prevention of peaceful meeting)
What if the threat is against the owner of a property intending to

take his property from him?

o Article 312 (usurpation of real property or real rights over

GRAVE COERCION (286)

2. Prevention or compulsion is effected by violence either by

Elements of grave coercion:

o 1. Person is prevented by another from doing something not

property)

May be liable for grave threats or homicide (if the

prohibited by law or compelled to do something against his will,

whether right or wrong

person is killed), as the case may be.

But it may be absorbed by the violence provision in
Art. 312

133

What if there is lewd design?

o Forcible abduction, not grave coercion
Distinguish between threat and coercion:
o Threat:

1. Threatened harm/wrong is future and conditional

2. May be done through intermediary or in writing

3. By means of intimidation which is future and

o

soaked in chemical. There was no proof however that it was in

pursuit of rape. He was charged with attempted rape, but was
o

only convicted for unjust vexation.

What is the determining factor?

The persons intent

and direct
2. Cannot be done through intermediary or in writing
3. Committed by violence, although it may be brought

DISCOVERY AND REVELATION OF SECRETS (290-2)

about by intimidation if serious enough, direct,

immediate, and person (such as intimidation with a

firearm)
Illustrate the distinction:
o Threat: if you are still here when I come back, I will kill you.

his papers or letters and reveals the contents (290)

Lower penalty if there is no revelation

NOT applicable to parents, guardians, persons

(future and conditional)

Coercion: if you do not get out, I will kill you. (immediate,

entrusted with custody of minors with respect to the

direct, and personal)

LIGHT COERCIONS/UNJUST VEXATION (287)

distress/annoy.
Ex. in Baleros v. P, X covered Ms face with a piece of cloth

What are the punished acts?

o 1. Private individual, to discover the secrets of another, seizes

How can this crime be committed?

o Crime of dolo only
Distinguish unjust vexation and attempted rape:
o Determine if the act was done in pursuit of rape or merely to
o

conditional
Coercion:

1. Threatened harm/wrong is immediate, personal,

What are light coercions?

o Person, by means of violence, seizes anything belonging to his

papers or letters of the children

2. Manager or employee learns secrets of principal and reveals

them (291)
3. Person who reveals trade secrets to the prejudice of the
owner (292)

Includes information not patented but known only to a

debtor to apply for payment of the latters debt

What is unjust vexation?
o Human conduct while not leading to physical harm or without

few individuals
R.A. 4200 ANTI-WIRETAPPING ACT

use of force or intimidation, leads to annoyance, irritation,

o

disturbance to victim (nangungupal)

What if there is a crime against property?

There is malicious mischief, not unjust vexation.

What kind of communication is covered by RA 4200?

o Only private communication is expressly prohibited to be
recorded secretly by any person including one party to that

Unjust vexation requires crime against personal

security.

134

conversation
o So public conversations or statements are not covered
When is recording allowed?

o When there is consent by all those involved in the conversation

Does the law cover tape recorders or phone extensions?
o Tape recorders are included, phone extension lines are not

trafficked to prevent them from leaving the country or seeking

RA 9208 ANTI-TRAFFICKING OF PERSONS ACT

What are the punishable acts?

o 1. Recruit, provide, or receive persons for the purpose of

prostitution, porn, sexual exploitation, involuntary servitude,

forced labor, slavery, debt bondage

Including those in the

pretense

of

6. Confiscate, conceal, or destroy travel documents of those

redress
7. Knowingly benefit from use of a person in involuntary

servitude, slavery, or debt bondage

What are acts that qualify trafficking?
o 1. Trafficked person is a child
o 2. Adoption is effected through Inter Country Adoption Act of
1995 and the purposes are any of the above prohibited

overseas

activities
3. Crime is by a syndicate or in large scale

Syndicate: 3 or more persons conspiring

Large scale: against 3 or more persons individually or

employment
2. Introduce or match for money a Filipina woman with a

foreign national for marriage or for the purposes above

3. Offer or contract marriage, real or simulated, for the
o

as a group
4. Offender is ascendant, parent, sibling, guardian, or person

purposes above
4. Undertake or organize tours and travel plans with tourism

o
o

packages or activities pursuant to the above activities

5. Maintain or hire a person for prostitution or pornography
6. Adopt or facilitate the adoption of person for above-

o
o

with authority of the victim, or public officer/employee

5. Offender is law enforcement agent or military personnel
6. Offended party dies, becomes insane, acquires HIV/AIDS

o
o

mentioned purposes
7. Recruit, hire, transport, abduct person for organ-harvesting
8. Recruit, transport, or adopt a child for armed activities here

X: CRIMES AGAINST PROPERTY

ROBBERY IN GENERAL (293)

or abroad
What are the acts that promote trafficking of persons?
o 1. Knowingly lease or sublease property to promote trafficking
o 2. Produce or issue fake government compliance materials to

facilitate trafficking (ex. registration stickers, pre-departure

o
o

requirements, etc.)
3. Advertising or promoting trafficking
4. Assist in misrepresentation or fraud to facilitate acquisition of

clearances and exit documents from government

5. Facilitate, assist, or help in entry/exit of persons using fake

Elements:
o 1. Personal property of another

What does property cover?

Includes any property not included in the

enumeration of real properties
o Because if its real property, its

usurpation of real property

And capable of appropriation
N.B. Includes electricity, phone services, and
the like

documents in airports, seaports, or boundaries

135

intend to take it. But here, there was gain

Can contraband property (ex. drugs) be subject to

theft/robbery?

Yes.
2. Unlawful taking

What is taking?

Taking of

because

personal

property

out

of

possession of another without privity or

consent

without

animus

or robbery.
o At best, it is just coercion.
4. Violation or intimidation against persons OR force upon
things

When is it robbery or theft?

The crime is robbery, not theft, if there are

acts of violence, or intimidation before
asportation, to enable the person to take the

property.
If violence or intimidation was done after
possession was taken, he is only liable for

Intent to gain

theft, grave coercion, or physical injuries as

the case may be.
o Exception: Robbery with homicide,

Intent to gain

cannot be presumed only if there is evidence

and robbery with rape (in the

to the contrary.
Not necessary that the offender ACTUALLY

gains, because intent to gain is enough.

What is gain?

Not limited to just pecuniary benefit, but also

gain under the law.

Gain rebutted by evidence that he took

his. If the claim is made in BF, then it is theft

presumed from taking another persons

satisfaction, and pleasure.

Even mere use of property taken is already

theft or robbery, even if it turned out not to be

overt acts of offender before or after the

utility,

of the property. The person is exempt from

possession already consummates the crime

3. Intent to gain

How can intent to gain be established?

Intent to gain can be established through

property without consent.

enjoyment,

property because he claims to be the owner

consummated
Taking need not be permanent; Even brief

taking of personal property.

was

revertendi

(intent to return)
What must concur:

1. Taking (physical act)

2. AND intent to gain (mental act)

Is there frustrated robbery?

No more frustrated robbery, just attempted or

and

there

occasion of)
Is snatching theft or robbery?

Depends. If the victim is not subject to

violation or intimidation, it is just theft. If the
owner is wounded through violence or there

utility, satisfaction, enjoyment, and pleasure

Ex. Gasoline boy took a parked car and went

on a joy ride. He claimed that he did not

136

is intimidation, it is robbery.
What is Intimidation?

Unlawful

duress,

putting

owner/possessor in fear
Attempt to take property of another with

threats of bodily harm

No requirement of material violence it is

NOT

coercion,

indispensable

for

there

to

be
o

thing stolen is not offered in evidence?

o Yes, because the person may have destroyed the property,

thrown it away, etc.

As long as the corpus delicti is proved, the unlawful taking of

personal property, there can be proof BRD.

What is the presumption of robbery/theft?
o One in possession of recently stolen property is presumed to

be the author of the crime of theft/robbery.

Recentness is case-to-case.
Possession may be actual or constructive. The property may

Art. 14.
What if the physical injuries are merely LSPI or slight PI?
o Its just simple robbery under par. 5.
Can there be robbery with homicide through reckless imprudence?
o No.
When will the special complex crimes arise?
o The other crime must be consummated.
May Art. 48 apply if the constituent elements are not

one constituent crime is not consummated.

Otherwise, if both consummated, then its a special complex

crime.
What does homicide cover?
o Homicide is used in its generic term. There is no robbery with
infanticide, parricide, murder, etc. There is no robbery with

exclusive.
ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION AGAINST PERSONS (294)

What are the crimes penalized under 294?

o 1. Robbery with homicide
o 2. Robbery with rape, intentional mutilation, arson, or personal
o
o

is no Robbery with homicide and rape.

Is the extra rape aggravating?

The rape is NOT aggravating because its not under

resulting into two or more grave or less grave offenses, and

possession of another, but under the control of the offender.

Ex. I stole something but pinatago ko sa kaibigan ko

o Accused must not be able to explain his possess satisfactorily.
When is the presumption conclusive?
o If the accused fails to explain any innocent origin of his
possession, and the possession is fairly recent, and it is

Thus if there is both

consummated?
o Yes. If one crime is done to commit another, or a single act

be in the actual physical control of the offender or in the

will not apply for crimes here in Art. 294

What is the rule in order?
o The above order must be observed.

homicide and rape, the crime is robbery with homicide. There

intimidation
Is it possible that one is guilty BRD of theft/robbery even if the

o 5. Simple robbery
N.B. The first four are special complex crimes; the fifth is not. Art. 48

injuries in subdivision 1 of 263

3. Robbery with physical injuries in subdivision 2 of 263
4. Robbery with physical injuries in subdivision 3-4 of 263

137

multiple counts of homicide.

DO NOT use the 2nd or 3rd killing as aggravating.

Its just

robbery or homicide.
Is there robbery with homicide and frustrated homicide?

No. The frustrated homicide is absorbed by the

robbery with homicide.

What do you mean by reason of the crime of robbery?

The homicide/other constituent crime was not committed in the

there is another motive (ex. He wanted to kill the guy)?

o Yes. As long as there is intent to rob, even if there are other

course of robbery, or shortly thereafter, but there is a LEGAL

connection, intimate relation in the commission of robbery

Ex. Killing the victim to prevent the person from

who

robbers was shot. There was a chase all the way to Laguna, where a

magnanakaw!
It doesnt matter if it happens before, during, or after
P v. Mangulabnan Person was robbing a house. He heard

shoot out happened. Another robber got shot by the police.

o HELD: Robbery with homicide. EVEN IF the shoot out

rumbling noises in the attic and shot a gun at the ceiling, and

the robbery. Also, it does not matter that it was a robber that

happened in some other place, it was intimately connected to

even without intent to kill, he accidentally killed a hiding person.

HELD: Robbery with homicide. (Not robbery with homicide

is robbery with homicide)

What if the person killed is one of the robbers himself?

Doesnt matter. Its still robbery with homicide.

Even if the guy who shot a robber is also a fellow

the homicide.
o

robber.
Is there robbery with homicide AND rape?
o No. As long as there is homicide, it is ALWAYS just robbery
o
o

with homicide.
But the rape still has corresponding civil liabilities.
If a house is burnt to kill another, it is robbery with homicide,

not robbery with arson or robbery with homicide and arson

What if there are multiple people killed or raped?
o Irrespective of number of people killed or rape, it is just robbery

with homicide or robbery with rape.

When do two crimes arise?
o If the original intent is to kill or to rape, but as an afterthought,

got killed.
If a homicide is committed by one robber, ALL of them are liable for
robbery with homicide. (One merges his will into the common intent.)
o EXCEPT: when one of the robbers overtly attempts to prevent

through reckless imprudence even if it is by mere accident, it

o

motives, it is robbery with homicide.

P v. De Jesus: A group of robbers were robbing in Makati. One of the

shouted

o
o

reporting to the authorities

Ex.
Killed
noisy
neighbor

Can there be robbery with homicide, if aside from intent to gain,

are given specific tasks to further the crime.

Is there a special complex crime of theft with homicide?
o No.
Robbery with homicide does it absorb physical injuries?
o Yes. Again, follow the order provided.
May there be a crime of robbery with force upon things with
robbery with rape or robbery with homicide?
o No. Robbery with force upon things cannot be complexed with

robbery with rape (or homicide).

When is there robbery with rape?
o When the robbery is accompanied by rape, AS LONG AS THE

he stole from the person he killed or raped, then there are

o
o

He is just liable for robbery, even if he is

unsuccessful.
What is the liability of the look-out?

Even a look-out is a PDP, because the conspirators

TWO CRIMES.
Separate crimes of homicide and robbery
Separate crimes of rape and robbery

ORIGINAL intent is to rob.

This applies even if the rape was committed even before
asportation. The intention to rob must precede the rape, even
if the actual robbery comes after.

138

Thus, if the accused raped the victim and just he took the

other (because both are Crimes against

jewelry as a memento, there are two crimes of robbery and

rape the original intention in this case is not to rob.

What if there are multiple rapes?
o Even if there are multiple rapes, it is just robbery with rape.
o What if each of the accused raped the victim?

Even if each of the accused raped the victim, there is

o

only one crime of robbery with rape.

Accused robbed the victim, raped her twice, and then he

inserted his finger in the vagina of the woman. What was

the crime?

HELD:

Robbery with rape.

The second rape and

insertion of the finger are absorbed.

o

Even the

insertion of a finger was absorbed!

Three robbers took victim of robbery in a taxi and went to

into is the dwelling

X raped Y, killed her, and robbed the place. Crime?
o 1) Rape with homicide and 2) robbery
X raped Y, killed her, and took things from her person. Crime?
o 1) Rape with homicide and 2) theft
X robbed Y, raped her, and then killed her. Crime?
o Robbery with homicide
X raped Y, robbed her, and then killed her. Crime?
o Robbery with homicide

ROBBERY WITH PHYSICAL INJURIES THAT ARE COMMITTED IN AN UNINHABITED

Quiapo. One robber made the other two go down, and

PLACE AND BY A BAND, OR WITH THE USE OF

then he took the woman to a motel. What was the crime?

HELD: All of them were guilty of robbery. The other

ALLEY

one is also liable for rape, separately. If the place of

the rape is far from the situs of the robbery, there are

Property).
When is dwelling aggravating and when is it absorbed?
o It is aggravating in robbery with homicide
o Inherent in robbery with force upon things and the place broken

TWO crimes, but not robbery with rape.

When is there Robbery with arson?
o Arson must be contemporaneous to robbery.
o When is there robbery with arson?

There must be violence and intimidation upon persons

first and thereafter, the premises are burned and there

is NO killing, rape, or mutilation.

Why not force upon things?

This will give rise to two crimes: robbery and

FIREARM ON A STREET, ROAD, OR

(295-6)

What are the special aggravating circumstances here?

o 1. In an uninhabited place
o 2. By a band
o 3. Attacking a moving train, car, airship, or entering passenger
compartments in a train
To what kinds of robbery does this provision apply to?
o Robbery with Physical Injuries
What is the nature of band here?
o
Band here is in the nature of a SPECIAL aggravating
o

circumstance and cannot be offset by a generic MC.

Contrast: BUT for robbery with homicide/rape/intentional
mutilation/arson band is ONLY just a generic aggravating
circumstance

Reason: 295-6 only apply to Robbery with Physical

arson. This is because the arson is deemed

a cover-up of the robbery. It is not complex

injuries.

because neither is a means to commit the

139

Art. 296 provides that if any of the firearms used is unlicensed, the

EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION (298)

penalty is the maximum period. Was this amended by RA 8294?

o Yes. Art. 296 has been amended by RA 8294. Here, the

unlicensed firearm will not increase the penalty to its maximum

violence or intimidation, compels him to sign, execute, or

period anymore.
o Art. 296 Firearm here can be licensed or unlicensed.
o Arms can includes bolos and clubs.
If one is a member of a band, may he be not liable for crime of

robbery, if he tries to prevent it?

o Yes. Even if he is a member of a band, if he prevents the

robbery or tries to, he is not liable.

PD 532 Highway robbery or brigandage
o There must be evidence of indiscriminate commission of the

deliver any public instrument or document.

o The crime is still robbery.
What kind of document is referred to in 298?
o Public instrument or documents only. It does not include
private documents.
If it is a void document, will that be robbery under 298?
o No. It is grave coercion. Robbery presupposes damage
caused to the victim, but since the document is void, this

crime of robbery for PD 532 to apply

means he does not lose anything.

The offender compels by violence or intimidation the victim to
execute a document but he died due to heart attack. What is the

ATTEMPTED AND FRUSTRATED ROBBERY (297)

What is the crime here?

o Person who with intent to defraud another, by means of

Has this provision been nullified by P v. Valenzuela?

o Yes. It is rendered nugatory as far as FRUSTRATED robbery

crime, 298 or 294 (robbery with homicide)?

o 298, but even so, the penalty is still governed by 294 par. 1, as

is concerned.
Ex. Offender entered the property but he did not find any

ROBBERY IN AN INHABITED HOUSE, PUBLIC EDIFICE, OR DEDICATED TO

property there.

RELIGIOUS WORSHIP

provided in the last sentence.

It is NOT frustrated robbery but attempted

robbery
N.B. Homicide in 297 is used in its generic term. The homicide must be

consummated.
If the crime of homicide was committed with treachery, can

What are the situations where there is robbery with force upon
things, under this provision?
o 1. Entering the premises using:

A. Constructive force:

Entering through opening not meant for

treachery be used as a generic aggravating circumstance?

o Yes. In other situations, if there is treachery, it becomes
murder. But there is no such thing as robbery with murder. So
it is robbery with homicide, with the generic aggravating

circumstance of treachery. (P v. Escote)

What if the robbery is merely attempted

(299)

but there was

consummated homicide, what is the charge?

o Separate crimes of attempted robbery and homicide.

ingress or egress

Using picklocks or similar tools

Simulating public authority or false name

B. Actual force
2. Entering without force but while inside, broke walls, doors,
receptacles to extract personal property

Is constructive forced allowed here?

140

No. It must be actual force.

3. Brought out of the premises locked or sealed receptacles for

the purpose of breaking them outside

What if none of these apply?
o Its just theft.
What properties must be robbed here?
o 1. Inhabited house
o 2. Public building
o 3. Edifice for public worship
There is a provision here about use of fictitious name to rob. How

BRIGANDAGE (306-7)

Arts. 306 and 307.

fictitious name?
o Here such use is to enter the house, with intent to rob. In 178,
to conceal crime, etc.
Do you apply Article 48?

No, because use of fake name is an element of the

crime. Same as with simulation of public authority.
ROBBERY OF AN UNINHABITED PLACE (302)

What is an uninhabited place?

o Synonymous to an uninhabited house
If committed by a band, what is the effect on the robbery of an

Highway Robbery (PD 532)

3 or more armed robbers

Even just one person; but actually

organized or dedicated to commit
highway robbery

Mere conspiracy to form a band of

brigands is a crime

There must be performance of actual

highway robbery

Robbery against a particular victim

Indiscriminate highway robbery

Aiding or abetting a band of brigands

(307)

uninhabited place?
o Maximum penalty this is provided by Article 300.
What is Robbery in Article 303?
o Robbery of cereals, fruits, firewood in an uninhabited place or

Accomplice under Art. 4 of PD 532

Fencing

THEFT (308)

POSSESSION OF PICKLOCKS OR SIMILAR TOOLS (304-5)

Brigandage (306-7)

Liability of those who profit from the robbery:

building. The penalty here is lower.

Were article 306 and 307 of the RPC amended by PD 532 (Anti
piracy and anti highway robbery law)?
o No, it was not. The crime in PD 532 is a separate crime from

does this differ from Article 178, where there is also use of

What are false keys?

o 1. Picklocks
o 2. Genuine keys stolen from the owner
o 3. Any keys other than those intended by the owner

What are the crimes here?

o 1. One who without lawful cause possesses picklocks or similar

May a crime be theft even if there is violence used to take away

personal property of a victim?
o Generally, no. There must be no violence or intimidation or

tools specially adopted to commit robbery

o 2. Maker of such tools; higher penalty for locksmiths
What if robbery is actually committed?
o The possession of picklocks is absorbed

141

force upon things.

Exception:

When the violence committed was not for the purpose

of taking the theft.

Ex. When a person was killed first, then as an

recently stolen property and he cannot explain how he

afterthought, the criminal took the property. Since the

came into possession of such. Then it will become

property by operation of law goes to the heirs, there

conclusive.
How recent is recent?

Case by case.
If a person is given property for a particular purpose and that

was still taking without consent even if the original

owner is dead. There are two crimes here: homicide

and theft
How many modes to commit theft?
o 1. Taking another persons property without his consent
o 2. Offender finds lost property and he does not return it to the

person took or misappropriated the property, would it be estafa or

theft?
o

o
o

DE FACTO possession, not juridical.

But if juridical possession is given to the transferee, it is estafa.
A bank teller, after receiving deposit, instead of giving it to

return or deliver to authorities.

3. A person who maliciously damaged property of another,

the bank takes the money. What is committed?

Theft, not estafa.

The bank teller is a mere employee of the bank. As

shall remove or make use of fruits or object of the damage

an employee of the bank, she only get de facto

caused by him
4. Enter enclosed property where trespass is prohibited, then

possession of the deposit. So it is theft.

Can there be theft of services?
o Yes. Under Code of Commerce, services are personal

property.
Can gas or electricity be stolen?
o Yes, using jumpers. So even intangible property can be

hunt, fish, or gather crops

Distinguish from: robbery of cereals, etc. from an

Theft; when only physical possession is given but juridical

possession is kept by the transferor. What is given here is just

owner or the authorities

Who are the authorities?

Local authorities

Can this be committed by culpa?

No. There must be DELIBERATE refusal to

o

Is there presumption of theft?

Yes, when personal property is found in possession of

uninhabited place
May stolen property be the subject of theft? (Nanakaw na nga,
ninakaw pa ulit)
o Yes. The law does not distinguish.
How do you establish intent to gain?
o Acts preceding, contemporaneous, or subsequent to taking.
o Can there be intent to gain if the purpose is to conceal a

crime?

Yes. Benefit is not always material, it can be any kind

of benefit to amount to gain.

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subject to taking.
RA 7832 also punishes theft of electrical property.

which is applicable, 308 or RA 7832?

Either under Art. 308 or RA 7832.

Can commercial documents, PNs, etc., be subject to theft?
o Yes, these have value.

So

In a case, the sheriff stole evidence stored in the vault of the court

(ex. Gun, money, whatever), when the clerk of court mistakenly left

documents
I own a car. I delivered it to the repair shop. I left it, and the owner

QUALIFIED THEFT (310)

What crime was committed, theft or

estafa?
o Theft. To determine between theft and estafa, ask: was the
possession de facto or juridical?
o

accountable officer, and it can be MALVERSATION.

Is a person who profits from the theft a principal or accessory?
o Principal under the Anti-fencing law
o Accessory under the RPC

the vault open. What crime was committed?

o Sheriff: theft
o Clerk of court: Malversation by culpa, since he has custody of

of the shop sold my car.

But it can be argued that it is in custodia legis and he is an

Here, it was merely de

facto/material possession.
But doesnt the repair shop acquire a lien over the

What are the grounds to qualify?

o 1. Those personal to the offender:

A. Grave abuse of confidence

B. By a domestic servant
o 2. Referring to the object taken

A. Coconut taken from plantation whether from the

tree or on the ground
B. Fish taken from the pond (if out of the pond, simple

property, under Sec Trans, where he can sell it if he is not

paid?

theft)
C. Motor vehicle

now also under Anti-carnapping law which is

malum prohibitum
D. Large cattle

now also under Anti-Cattle Rustling law,

which is still malum in se even if SPL

E. Mail matter must be with intent to gain

Viz. other crimes like estafa or revelation and

It does not apply here, because he hasnt even tried

repairing the car.

The SC had a decision saying this is estafa (Laura Santos

case). But J. Callejo does not agree with this.

When this case was decided, there was no carnapping law

yet. Should it apply now?

Yes.
What do you mean by lost in Par. 1 of Article 308?
o The property must have an owner and is not yet res nullius.
o If property is stolen and the thiefs identity cannot be

deciphered, can you consider the property lost?

Yes.
o Can loss stem from ones own faults?

Yes.
I saw property and did not know who owns it. I gave it to the police

and he stole the property. What is the crime of the cop?

o P v. Avila Said this is theft.

143

discovery of secrets
3. Circumstances during taking such as calamity and

misfortune
Was this amended by PD 533, the anti cattle rustling law and RA
6539, the anti-carnapping law?
o No; these are SPL, according to the SC
What is grave abuse of confidence?
o It must be a special relation of intimacy.
o Ex. Branch manager stole the jewelry under his custody.

If there is conspiracy, but one is trusted and the other is not, what

is the crime?
o Two crimes: qualified theft for the former, simple theft for the

number of wheels and whether propelled or attached

latter
How about a commission salesman of a corporation?
o Just simple theft, because there is no evidence except that he

was a commission salesman that the employer reposed

There

Includes mail

matters, parcels, money orders, printed materials, etc.

Regardless if it is a postal corporation or a private corporation.
What matters is that it is MAIL MATTER

Taking with intent to gain a motor vehicle:

o 1. Without latters consent
o 2. Or force upon things
o 3. Or violence/intimidation upon persons
How does it differ from theft/robbery?
o It addresses theft of motor vehicles belonging to another
o It deals EXCLUSIVELY with motor vehicles
o Without this law, the taking of motor vehicle is theft/robbery as

driver, or occupant of the car is killed or raped.

B. 17 years and 4 months to not more than 30 years if with

violence, intimidation, or force upon things

Qualified carnapping
C. 14 years and 8 months to not more than 17 years and 4
months if committed without violence, intimidation, or force

A bicycle is not.

upon things

Simple carnapping
When is there a special complex crime of carnapping with rape,
homicide, or murder?
o
If committed on the course of the commission of carnapping

the case may be.

What is a motor vehicle?
o Any vehicle propelled by power other than muscular power
using public highways

So a motorcycle is included.

carnapping with rape, carnapping with murder

It is a single and indivisible offense. Here, the owner,

R.A. 6539 ANTI-CARNAPPING LAW

to another vehicle
What is the crime for these other vehicles not covered?

They are subject to theft/robbery

are two kinds penalties provided, following RPC

nomenclature and not:

o A. RP to death RP if there is homicide, rape, murder

Special complex crime of carnapping with homicide,

confidence on him
What does mail matter include?
o Any matter that is deposited with the Phil. Postal Corporation
which are delivered through postal service.

What about trailers?

Classified as a separate motor vehicle, regardless of

or on occasion thereof
Who must be killed or raped?

Anyone, even if the person killed is anyone other than

the owner, driver, or occupant of the car, the (Ex.

tricycle is included. A pedicab is not.

Does not include:

1. Utility vehicles if not used on public highways

2. Those than run only on rails or tracks

3. Those used exclusively for agricultural purposes

Bystander)
For this to committed, the homicide, murder, or rape must be
CONSUMMATED.

If the homicide or murder is merely attempted or

144

frustrated, then the crime is qualified carnapping.

DO NOT apply Article 48 of the RPC.

should be known to him to have been derived from proceeds or

Someone committed qualified carnapping (14 y 7 17 y 4 penalty)

and then sold the car to another person. Is he an accessory under

Art 19 of the RPC?

o NO. The nomenclature does not follow the RPC.
o But he can be a principal for FENCING.
Xs initial intent is to kill the driver. However, he stole the car as an

afterthought. What is the crime?

o Two crimes: 1) Homicide, 2) Carnapping
X rented a car, so the initial possession is lawful. But he killed the

robbery or theft
Who is a fence?
o Fence is person, corporation, or association, or partnership
o

driver and took it for his own. What is the crime?

o Carnapping with homicide. Even if the driver was not the

manager, owner or responsible officer

Who are punished?
o Those who buy, keep, conceal, or sell the stolen goods
What is the requirement for those who do buy-and-sell?
o Need a permit or else, liable as a fence. There is no fee for the

owner, it is still carnapping because there was no consent by

o
o

the owner.
X was hired as taxi driver to drive the car for a fixed period of time.
He did not return it after. The taxi was found abandoned in a place.
What is the crime?
o Carnapping. After the initial lawful possession, it transformed
o

permit.
Failure to get can result to closure of business.
Procedure to obtain permit/clearance:

1. Name, address, pertinent circumstances

2. Article sold or offered for sale to public and

name/address of where he got it from
3. Receipt or document showing acquisition

to unlawful possession.
Doesnt the abandonment exculpate X?

No.
The crime was consummated even if the

carnapper abandoned the car after.

X stole a truck and the personal effects contained therein. What is

Elements:
o 1. Crime of robbery or theft committed
o 2. Accused, not a principal or accomplice in the commission of
the crime, deals with the article in any manner, and the article

the crime?
o Two crimes:

1) Carnapping as to the truck

2) Theft as to the personal effects

o The SC was wrong here, because it said qualified theft.

was derived from the proceeds of the crime

3. Accused knows or should have known that it was derived
from proceeds of robbery or theft

Essence: known/should have known were the

ANTI-FENCING LAW (PD 1612)

that commits the act of fencing

If corporation, association, or partnership president,

What is fencing?
o Act of any person who with intent to gain for himself or for

another, shall buy, receive, possess, keep, acquire, conceal,

sell, or dispose of, buy and sell, or in any manner deal with an
article, object, item, or anything of value which he knows or

proceeds of robbery or theft moral turpitude

Test if the articles were displayed for sale, if a receipt

was issued, etc.

o 4. There is intent to gain for himself or another
What is the presumption under law?
o Mere possession of the stolen goods creates presumption
o Thus, no need to prove prior robbery was committed

CATTLE RUSTLING (PD 533)

145

May there be cattle rustling even if cattle is not taken?

o Even if large cattle is not taken, there can be cattle rustling if it

Committed by debtors who conceal properties to avoid

is killed and its meat is taken.

There may be a special complex crime of cattle rustling with homicide if

payment of legal debt

Higher penalty if committed by merchants

SWINDLING/ESTAFA (315)

a person is killed on the occasion of cattle rustling.

USURPATION OF REAL PROPERTY OR REAL RIGHTS OVER PROPERTY (312)

What is usurpation?
o Similar to robbery except that in robbery, personal property is

damage in either case

involved
What is the penalty?
o 1. Penalty for the act of violence
o 2. Penalty for the act of usurpation
However, what is the nature of this offense?
o It is a single and indivisible offense.

So the crime is still usurpation, but the penalty is two

How is estafa committed?

o 1. With abuse of confidence or unfaithfulness (par. 1)
o 2. Through deceit or false pretense (pars. 2 and 3), with

ESTAFA WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE (1)

What are the three acts covered by this paragraph?

o 1. Altering the substance of anything with value that the
o

fold (takes into account the act of violence)

It is not a complex crime like Usurpation with

some money, goods, etc.

o 3. Taking undue advantage of signature in blank
1. Altering substance of anything with value that offender should deliver

homicide. It is just usurpation.

It is possible that a single and indivisible offense is committed,

based on an obligation
o The law applies even if the property the offender is bound to

but there are as many penalties as how many acts of violence

deliver is opium or something illegal/obscene

But in this case, he is also liable under Dangerous

are committed.
What are the possible acts that may accompany the act of

usurpation?
o 1. Homicide, physical injuries in subdivisions 1 and 2 of Article
o
o

263 on occasion of such occupation or usurpation

2. Rape or intentional mutilation
3. Physical injuries in subdivisions 3 and 4 of Article 263 in the

course of execution of the usurpation

4. Intimidation or infliction of physical injuries to commit the

Drugs Act, or immorality provision in RPC, etc.

2. Misappropriating or converting, to the prejudice of another, person
some money, goods, etc.
o Elements:

1. Goods were assigned

2. Misappropriation or conversion; or a denial by him

usurpation or occupation
CULPABLE INSOLVENCY (314)

offender should deliver by obligation

2. Misappropriating or converting to the prejudice of another,

What is culpable insolvency?

property
What is any other obligation to make delivery or to
return?

146

of such receipt is also a violation

3. To the prejudice of another
4. Demand by offended party to return the money or

It refers to contracts of bailment, lease of personal

property, deposit, commodatum because under any

purpose, and there is obligation to return.

of

these

provisions,

there

POSSESSION by the depositary

In estafa, both MATERIAL

JURIDICAL

misappropriating it, she is guilty of estafa.

Remember in Sec Trans that borrowing

and

JURIDICAL

show money is a commodatum transaction

possession is transferred to the offender

What is the difference between material and juridical

the thing/property which he may set-up against the

involving personal property

Must the misappropriation be permanent?

No.
Even a temporary disturbance constitutes

misappropriation. No need to be permanent.

What does prejudicial to another mean?

It need not be the owner of the property himself. It

transferor
In Theft or robbery, there is NO transaction between

offender and offended party

The transaction involved must not transfer ownership

can be another person, as long as there is damage

o

or money
It doesnt matter if the obligation is guaranteed by a

bond or not
Without this relationship, there is no estafa
The duty to return the same thing or money is based

from the lessees possession. What is the crime?

HELD: There was no estafa, because there was no

intent to misappropriate or convert.

J. CALLEJO: Disagreed. The petitioner could not have
acted in GF, because he had already pledged it to

another as security for a loan.

Can there be estafa when there is no gain on the part of
the offender?

No. Case: a person was assigned jewelry to sell, with

on:

caused.
An owner of a truck pledged it to another as security for a loan
contract. But then, he leased it to another and it was stolen

to the offender
There must be a FIDUCIARY relationship between offender
and offended party.

There must be an agreement to return the same thing

By

is

possession?

Possession which gives to the transferee a right over

HELD: Estafa. It was received in trust for a particular

A. MUTUAL AGREEMENT by the parties or

B. BY LAW
When does fraud come into play?

When there is conversion or misappropriation.

In bank loan transactions, usually, the borrower is required to

commission. He was not prohibited from appointing a

sub-agent, so he got one. The sub-agent stole the
jewelry.

HELD: The agent was acquitted because he

produce show money to establish that she can repay the

loan. But in a case, she borrowed the show money from

did not convert or misappropriate the jewelry.

The agent cannot be liable for mere
negligence in entrusting the jewelry to

someone else. She used it for her own benefit. What is the

another because there is no such thing as

crime?

estafa through negligence

147

But is it possible that the agent is liable?

1. He is liable if he CONSPIRED with the

for repairs. The owner of the shop misappropriated it. Is

sub-agent.
2. If there is prohibition to entrust the jewelry

there estafa?

Yes. There is obligation to return after repair. There

to a sub-agent, but the agent still does, then

o

the agent can be liable.

May there be estafa in a loan transaction?

No.
Because owner of the money loaned is

receive the monthly amortizations from the lot buyers.

However, he received these and worse, he failed to remit

pay back.
What about money market placement?

No estafa because it partakes the nature of a

loan.
What about bank deposits?

was juridical possession, and thus, estafa.

X was a sales agent selling residential lots on behalf of a
corporation. He was authorized to sell the lots, but NOT

transferred to the borrower, even if the borrower can

The private respondent delivered his car to a motor shop

these. Is there estafa?

Yes. Accused is guilty of two sets of estafa:

1. As regards the lot buyers, he committed

estafa through fraud or misrepresentation

Can there be estafa if the

because he claimed that he could receive

money deposited is used by the bank?

None. Deposits are treated as loans to the bank, and

o

are covered by the law on mutuum.

A teller of a bank receives deposits and misappropriates

abuse of confidence, because he did not

these. What is the crime?

Theft, not estafa, because the bank teller is merely an

employee of the bank and only gets material

o

possession of the money.

In a sale of property and earnest money is given and the

remit.
How many counts of estafa are committed?

Depends on how many offended parties/victims.

But if committed on different dates or occasions

there are as many counts of estafa as the number of

money is used by the seller. Is there estafa?

No. Down-payment or earnest money forms part of

the purchase price. The seller can use this money,

o

monthly amortizations.
2. As regards the employer, estafa with

transactions.
PD 155 Trust receipt transactions:

A trust receipt transaction imposes upon trustee to

give the price sold if sold, or if the goods are not sold,

even if the sale eventually does not push through.

An employee who fails to account for cash advances for

travels is there estafa?

No estafa. Because this is in the nature of a loan and

return them to the entrustor.

Is a violation of PD 155 estafa under Art. 315 par.
1(b)?

the employee obtains juridical possession of such.

Yes. Violation of this constitutes estafa.

It is malum prohibitum. The only thing to be
established: prejudice caused to another.

148

Mere failure to deliver already constitutes the

o
o

criminal offense.
When a person participates in the commission of a
crime, he CANNOT escape liability due solely to the

fact that he was acting as an agent of another party.

The NCC provisions on agency do not apply to

criminal cases.
3. Taking undue advantage of signature of offended party in blank

What are the acts covered by this paragraph?

o 1. Using fictitious name, falsely pretending to possess power,

influence, qualifications, property, credit, etc.

2. Altering quality, fineness, weight of anything pertaining to his

o
o
o
o

induced to part with his money or property

o 4. Thus causing damage
What is Fraud?
o Anything calculated to deceive

Ex. Falsely representing that property used as

ESTAFA THROUGH FRAUD (2)

business or art
3. Pretending to have bribed any Government employee

N.B. for this instance, impose the maximum

4. Bouncing check
5. Obtaining food or service from a hotel or restaurant without

security had mangoes, when it was really barren

Ex. I will sell you my property. But it really wasnt

his.
Caveat emptor doctrine does not apply. You cannot invoke the fact that
the victim was himself negligent. It doesnt apply to criminal cases.
Post dating a check or bouncing check:
o Can a person other than a drawer be liable?

Yes. Indorser or a co-conspirator.

o Elements:

1. Post-dating or issuance of check for obligation

paying for it and with intent to defraud

Or obtaining credit through false pretense or fraud

Or surreptitiously abandoning or removing luggage

2. Such must be made or exhibited prior to or simultaneously

3. Offended party must have relied on such and was thus

from establishment without paying

Distinguish between estafa through fraud from estafa through

abuse of confidence?
o Abuse of confidence conversion or misappropriation
o Fraud or false pretenses fraudulent acts simultaneous or

contracted at the time the check was issued

2. Lack or insufficiency of funds to cover it
3. Knowledge of the drawer of this lack
4. Damage capable of pecuniary estimation to the

payee
The fraud must be committed PRIOR or UPON the issuance of
the check.
For what kind of obligation must the check be issued for?

The check MUST NOT BE for paying a pre-existing

obligation, because there is no more deceit in this

preceding
In illegal recruitment, can one be liable under both the Labor Code

and Estafa under this provision?

o Both the Labor Code AND estafa. There is no double jeopardy

because the Labor Code is an SPL.

Essential elements:
o 1. False pretense, fraudulent act or means

149

case.
The drawer obtains no gain here, because the

consideration has already been delivered to him.

What is the implication of this doctrine, then?

Yes. The date of the obligation, being the very date of

the check, is a MATERIAL INGREDIENT of the crime.
Must the check be negotiable?

Negotiability of a check is not the gravamen of the

2. Resorting to some fraudulent practice to insure success in a

gambling game
3. By removing, concealing, or destroying in whole or in part,

crime, but the fraud or deceit in knowingly issuing a

o

worthless check.
When is the lack of funds determined as to post-dated

any court record, office files, document, or any other papers

checks?

Valid as long as when it is due, there are funds, even

o

o
o

B.P. 22 BOUNCING CHECKS LAW

when there are no funds at the time it was issued.

What if the bouncing check is issued as a guaranty to
secure a loan?

There is no estafa.
Issuing a bouncing check in exchange for cash:

Estafa, because you received something in exchange

How do you prove knowledge that there were no funds?

Direct evidence

Notice of dishonor from drawee bank duly received by

the drawer of the check and failure to deposit money

to cover the amount

How can the issuer of a bouncing check escape

liability?

Depositing required amount within 3 days of

notice of dishonor.
Failure to deposit the amount will give rise to

presumption of deceit.
What if the account is closed?

There is still need for notice of dishonor to

allow the person to pay. If there is no notice,

accused cannot be convicted.

BUT in another case, it held that there was

OTHER FORMS OF ESTAFA/SWINDLING (316)

no need for notice of dishonor because the

account was already closed.

ESTAFA THROUGH OTHER FRAUDULENT MEANS (3)

What does B.P. 22 cover that is not covered by the prior provision
on estafa?
o 1. Issuance of check as deposit
o 2. Issued as guaranty
o 3. For pre-existing obligation

N.B. BP 22 doesnt distinguish between pre-existing

and concurrent obligation
What is the difference in period under BP 22 compared to RPC
estafa?
o Under BP 22 the drawer of the check has a period of 5 days
from notice of dishonor (unlike RPC, 3 days)
Under NIL check is stale after more than 6 months (180 days) is
there a need to issue a notice of dishonor at the time it was
presented for payment?
o Only consequence is no prima facie presumption of knowledge
of no funds, still be held liable if able to prove that he had
knowledge
Can there be simultaneous prosecution for estafa and BP 22 for
the single act of a bouncing check?
o Yes, if both apply. Estafa is concerned with issuing a bouncing
check as fraud; BP 22, with the mere bouncing of the check
per se.

What are the means of committed estafa under this paragraph?

o 1. Inducing another through deceit to sign any document

150

What are covered by this provision?

o 1. Person pretends to be owner of real property and disposes
thereof
o 2. Person knows real property is encumbered and disposes it

Even if the encumbrance is not recorded

o
o
o

3. Owner of personal property wrongfully takes it from lawful

possessor to the prejudice of the latter or third person
4. Executing fictitious contract to prejudice of another
5. Person accepts any compensation given him under the
belief that it was in payment for labor/service when he didnt
actually perform any
6. Surety in a bond for criminal or civil action disposes of the
property given by him

Without leave of court or before cancellation of the

bond

OTHER DECEITS (318)

What does this cover?

o Person who defrauds or damages another through deceit not
covered by the prior paragraphs or provisions
o Also covers those who tell fortunes or dreams for a profit (!)
What does the word deceit include?
o Includes concealment of the fact that the car sold was not
brand new

VIOLATION OF CHATTEL MORTGAGE (319)

What is penalized here?

o 1. Mere removal of property from the place where the CM was
constituted

When is there no intent to defraud?

When the debtor has transferred residence

because he also has to move his property
o 2. Failure to secure consent on the deed itself or on the registry
and the mortgagor sells or further encumbers the personal
property

DESTRUCTIVE ARSON (320)

When there is fire, and it was intentionally caused,

and property burned even if not completely destroyed
o What must be proved?

1. Occurrence of fire due to criminal agency

2. Identity of the defendants as the one causing it

Can there be arson by negligence?
o Yes.
o Ex. A person burns trash disregarding the strong winds that
blew the cinders to the neighbors property. The crime is
simple/reckless imprudence resulting to arson.
Is there frustrated arson?
o No. Its either the burning did not happen (attempted arson) or
it did, regardless of extent (consummated arson).
When is the burning destructive arson?
o [Dangerous place]
o 1. Any ammunition factory and other establishment where
explosives, inflammable, or combustible materials are stored
o [Important places]
o 2. Archive, museum (public/private), edifice devoted to culture,
education, social services
o 3. Church, place of worship, or usual place of assembly
o 4. Building where evidence is kept for official proceedings
o [Places with a lot of people]
o 5. Train, plane, vessel, or other transportation
o 6. Hospital, hotel, dormitory, housing tenement, mall, market,
movie house, or similar places
o 7. Building in a congested or populated area, whether a
dwelling or not
Other cases of arson: (with higher penalty than simple arson):
o [Places with people]
o 1. Any building and office of government
o 2. Inhabited house or building
o [Related to industry or commence]
o 3. Industrial establishment, shipyard, oil well, mine shaft,
platform, tunnel
o 4. Plantation, farm, etc.

What is arson and how committed?

o Destruction of property by fire, as long as fire or pyrotechnics
are used to destroy the property
o When is it consummated?

151

o 5. Rice mill and other mills

o 6. Railway or bus station, airport, wharf, warehouse
If destructive arson or those other cases are not specified, what is
the charge?
o Simple arson
What are the special aggravating circumstances?
o 1. Committed with intent to gain
o 2. Committed for benefit of another
o 3. Motivated by spite or hatred towards owner or occupant
o 4. Committed by syndicate
What else are specially punished?
o 1. Arson, where death results (qualified)

Is this arson with homicide?

No.

1. If the purpose is to kill, and burning was

the means, it is murder

2. If the purpose is to burn, but someone

died, it is arson under this provision.
o Homicide is absorbed but there is
civil liability for death.

3. If person is killed and the house is burned

to conceal, two crimes: 1) murder, 2) arson
o 2. Mere conspiracy to commit arson
What if several houses burn?
o There is only one crime of arson no matter how many houses
were burned.
Supposing someone burns his own property is he liable?
o He may be liable if other peoples property is damaged.

EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY (332)

MALICIOUS MISCHIEF (327)

Distinguish between unjust vexation and malicious mischief:

o Unjust vexation if the purpose is to irritate a person
o Malicious mischief if purpose is to damage property
Distinguish between malicious mischief and arson:
o Arson can be committed by dolo or culpa, malicious mischief
by dolo only
o Arson must be by fire, malicious mischief if not by fire
o If death results from arson, it is just arson (but qualified); if
death or injury results from malicious mischief, those are
separate crimes
Distinguish between malicious mischief and theft:
o Malicious mischief has no intent to gain

What is malicious mischief?

o Act of intentionally causing damage to property of another
without use of fire or pyrotechnic
o There must be specific intent to destroy such property
o Can it be committed by culpa?

No.

Who are the persons exempt from criminal liability?

o 1. Spouses
o 2. Ascendants and descendants
o 3. Son/daughter-in-law and mother/father-in-law
o 4. Brothers and sisters who must be living together

Whether legitimate, half, or illegitimate

What if there are strangers participating in the crime?
o They are not exempt
Is there civil liability?
o Yes. The exemption is only for criminal liability
For what crimes are they exempted?
o 1. Theft, including qualified theft

Not robbery
o 2. Estafa but NOT complexed with other crimes (ex. estafa with
falsification of commercial documents)
o 3. Malicious mischief

Not arson

XI: CRIMES AGAINST CHASTITY

ADULTERY (333)

152

Who are liable for adultery?

o 1. Married woman who has sexual intercourse with a man not
her husband
o 2. That other man who has carnal knowledge of her, knowing
her to be married
o What if the marriage was subsequently declared void?

It does not exculpate because the marriage ostensibly

exists by then
Is it a continuing crime?
o No.
o Each sexual intercourse consummates the crime. Ex. Sex 5
times, adultery 5 times.
Can there be frustrated adultery?
o No frustrated adultery because it is consummated by
intercourse, so the rule for rape likewise applies.
What about attempted adultery?
o There can be attempted adultery. Caught in hotel in act of
undressing, about to have sex.
Can there be criminal action against just one of the parties?
o No. It must be against both parties if both are alive.
Differentiate pardon from consent:
o Pardon is prior to the act, consent is after. In any case, it is a
bar to filing a criminal complaint.
Who can initiate action for adultery and concubinage?
o Must be from offended spouse. Both offenders must be named
in the complaint.

ACTS OF LASCIVIOUSNESS (336) AND CONSENTED ACTS OF LASCIVIOUSNESS

(339)
Acts
of
lasciviousness (336)

Consented
acts
lasciviousness (339)

Obscene
acts
committed with lewd
design

Obscene acts committed

with lewd design

Committed
under
circumstances of rape
(no consent)

Committed
under
circumstances of seduction
(consent secured by deceit)

Victim
female

Victim is female

Victim is male or
female exploited in
prostitution
or
subjected to sexual
abuse

12 to below 18 years old

and
virgin
of
good
reputation

12 to below 18
years old (if less
than 12, prosecute
under RPC)

is

male

Any
age,
reputation

CONCUBINAGE (334)

Who is liable for concubinage?

o Husband PC
o Concubine destierro only
Can a man be liable for adultery and concubinage at the same
time?
o Yes, if his concubine is a married woman.

How is concubinage committed?

o 1. Husband keeping a mistress in the conjugal dwelling
o 2. Having sexual intercourse under scandalous circumstances
with a woman not his wife
o 3. Cohabiting with the woman in any other place

Means living together as husband and wife, not

merely living together under one roof, but also having
sexual intercourse.

153

or

any

of

Sexual abuse (RA

7610)
Obscene
committed
lewd design

acts
with

Distinguish acts of lasciviousness from attempted rape:

o In acts of lasciviousness there is no intent to have carnal
knowledge of a woman
o In attempted rape, there is but before he could complete all
acts of execution, he is prevented other than by spontaneous
desistance

What is required intent-wise?

o Lewd design something indecent or obscene, designed to
incite crude sexual design
o It may be inferred from nature of act committed and occasion
acts were committed.
Related with RA 7610:
o Lascivious conduct may be committed under RA 7610, victim
of child abuse.
o Elements of sexual abuse under RA 7610:

1. Accused commits acts of lasciviousness

2. Act is performed with a child exploited in

prostitution or subjected to sexual abuse

3. Child is below 18 and whether male or female

o What if the child is below 12?

Prosecuted under the RPC (penalty is RT instead of

PC)

Having sexual intercourse with one who is presumed by law to

be unable to fully give consent to it (although not rape)
o What if there is no sexual intercourse?

It can be consented acts of lasciviousness (339)

Can abuse of confidence be appreciated in qualified seduction?
o No. Abuse of confidence is inherent, not aggravating
circumstance
What is the concept of virginity in qualified seduction?
o Physical, not moral; i.e. that the woman has no sexual
experience.
Compare with rape:
o It is always rape if less than 12 years old (statutory rape); if 1218 there must be force or intimidation. Virginity is not material
in rape.
o In qualified seduction, the girl must be 12-18 and virginity is an
element.
o

QUALIFIED SEDUCTION (337), SIMPLE SEDUCTION (338)

CORRUPTION OF MINORS (340)

Qualified seduction (337)

Simple seduction (338)

Offender has sexual intercourse with

the victim through cajolery

Offender has sexual intercourse with

the victim through cajolery

Victim is a virgin woman

Victim is a single woman or widow

(because you cant get married
below 18 now) of good reputation

Offender is person with authority,

confidence, or relationship vis--vis
the victim

Offender is any person

Generally, victim is 12 to below 18

years old

Victim is always 12 to below than 18

years old

FORCIBLE ABDUCTION (342) AND CONSENTED ABDUCTION (343)

Victim can be 18 or older if the

offender is an ascendant or brother

What is corruption of minors?

o A minor is used by one person to satisfy the lust of another and
not his own lust.

Forcible abduction (342)

Consented abduction (343)

Victim is any woman of any age, civil

status, or reputation

Victim is virgin of 12 to below 18

years old

Abducted against her will

Abducted with her consent

With lewd designs

With lewd designs

What is the concept of seduction?

154

When is forcible abduction absorbed by rape?

o When the initial intention is really to rape.
When is the crime of forcible abduction complexed with rape?

The taking of the woman amounts to forcible abduction, and

thereafter, she was raped
o What if there are multiple rapes?

Then only one rape shall be complexed with forcible

abduction. The second rape and others are separate
crimes.
When is there kidnapping or kidnapping with rape?
o If the purpose of the taking is to deprive the woman of her
liberty
o If the woman was raped thereafter, kidnapping with rape
Is there a crime of forcible abduction with attempted rape/acts of
lasciviousness?
o No, because both are manifestations of lewd designs which is
already an element of the forcible abduction. The crime is just
forcible abduction.
o N.B. the element of lewd design cannot be deployed twice to
prove two crimes
o

XII: CRIMES AGAINST CIVIL STATUS

SIMULATION OF BIRTHS, SUBSTITUTION OF CHILDREN, AND CONCEALMENT OR

ABANDONMENT OF LEGITIMATE CHILD

(347) AND USURPATION OF CIVIL STATUS

(348)

Who are penalized?

o 1. Those who simulate birth, substitute one child for another, or
abandon/conceal a legitimate child to have him/her lose civil
o

status
2. Any physician or surgeon or public officer who through

profession or office cooperates in the crime

3. One who usurps the civil status of another to defraud the

PROVISIONS RELATING TO CRIMES AGAINST CHASTITY (344)

2. Acknowledge the offspring unless the law prevents him from

doing so

When there is no legal impediment (if both are single)

3. Support the offspring

What is the nature of civil indemnity?

o It is absolute and never conditions upon the financial capacity
of the accused
When must pardon be given by the victim?
o Before prosecution of the crime
o Except rape
o What is the effect of pardon by the offended party?

It does not extinguish criminal liability. The only

exception is valid marriage between the offender and
victim.
In rape, will pardon of the parents of the victim without
concurrence of the minor victim be effective?
o No.
o It must be given by the minor herself too.
What is the civil liability of a person convicted of rape when an
offspring results from rape?
o 1. Indemnify the woman

offended party or his heirs

Where should simulation of birth be made?
o It must be made in the record of birth
o What if its done in another document?

Then the crime is falsification

o What if the record of birth reflects the true parents but
simulation is in other documents?

No violation of 347
When is child trafficking committed in relation to these provisions,
under RA 7610?
o 1. Parents agree to adopt the child for a consideration
o 2. Physician made it appear in the record of birth that the
supposed parents are natural parents

BIGAMY (349)

155

What are the elements of bigamy?

o 1. Offender has been legally married
o 2. Marriage has not been legally dissolved, or the absent
spouse has not yet been judicially declared presumed dead
o 3. Offender contracts a subsequent marriage
o 4. Such subsequent marriage has all the essential requisites of
validity
Xs spouse has been absent for 12 years, so he married another
person. Is this bigamous?
o Yes. There must be a prior declaration of presumptive death
by the courts.
X and Y are married. X married Z. To avoid bigamy, he petitioned
to annul the first marriage with Y and it was granted. Was there
bigamy?
o Yes. The judgment of nullity or annulment must precede the
subsequent marriage.
Does the principle of constructive notice by registration apply to
bigamy?
o No, because it is usually entered into secretly from the spouse.
So there must be ACTUAL knowledge of the subsequent
marriage.
o Viz. In land and property disputes, constructive knowledge
through registration applies.

PREMATURE MARRIAGE (351)

PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY (352)

What is punishable here?

o Priest or minister of any religious denomination or sect, or civil
authorities who celebrate illegal marriage ceremony

XIII: CRIMES AGAINST HONOR

LIBEL (353)

What is libel?
o Public and malicious imputation of a crime, vice, or defect, real
or imaginary, or any act, omission, condition, status, or
circumstance tending to cause the dishonor, discredit, or
contempt of a natural/juridical person, or to blacken the

ILLEGAL MARRIAGE (350)

What is premature marriage?

o 1. One who remarries within 301 days from the death of her
husband
o 2. One who remarries prior to delivery of her child, if pregnant
during his death

What is illegal marriage?

o Contracting marriage knowing that the requirements of law
have not been complied with, or it is in disregard of a legal
impediment except for bigamous marriages
Distinguish from bigamy:
o 1. Subsequent marriage in bigamy is valid, except that it is
bigamous; in illegal marriage, the subsequent marriage is void
or annullable and there is no need for a first marriage
o 2. Bigamy only refers to a subsequent valid marriage before
judicial declaration of nullity or presumptive death; illegal
marriage covers all other void or voidable marriages

memory of the dead

What are the elements of libel?
o 1. Allegation of discreditable act or condition to another
o 2. Publication of the charge
o 3. Identity of the person defamed
o 4. Existence of malice
What is publication?
o After it has been written, to make it known to someone other
o

than the person to whom it has been written

What if its sent straight to the person to whom it is
written?

Then there is no publication.

156

the offender which might tend to prove the intention of the

What if an unsealed libelous letter is sent to the offended

party?

There is publication since anyone could have read it

(even just the postman)

Is an inter-office memo publication?

In a case, because it was only directed towards the

supervising officers, etc. then it is not publication

What is the presumption in libel?
o Every defamatory imputation presumed to be malicious, even if
o

offender at the time.

Not depending on sense and grammatical meaning of the

utterances
Is putang ina mo slander?
o No.
Is there frustrated or attempted defamation?
o No. It is a formal crime.

SLANDER BY DEED (359)

it is true
Except?

When good intention and justifiable motive can be

What is slander by deed?

o Dishonor, discredit, or contempt upon another person which is
not covered by slander or libel

shown
What are the exceptions to libel?
o 1. Private communication by one person to another in the

GENERAL PROVISIONS (360)

performance of legal, moral, or social duty

o 2. Fair comment of public acts
What is identity?
o At least a stranger or third person may be able to identify him

Who are the persons responsible for defamatory publications?

o 1. Any person who publishes, exhibits, or causes the
publication or exhibition of any defamation in writing or similar
o

means
2. Author or editor of a book or pamphlet, newspaper to the

as the subject of the statement

Can the court impose a fine instead of imprisonment?
o Yes, it is up to court discretion to impose imprisonment, fine, or

both. Merely imposing a fine can be out of compassion.

Who are the other punishable persons in relation to libel?
o 1. Those who threaten to publish the libelous material unless

extent that are authors/editors thereof

What courts have jurisdiction over libel cases?
o Even if the punishment falls within the MTC scope, by express

provision of law, it is under RTC jurisdiction always

What is the venue of libel cases (alternative)?
o 1. RTC of province or city where the libelous article is printed

he is compensated
2. Those who offer to prevent the publication of such libel for
compensation

SLANDER (358)

When is a defamatory remark serious and when is it slight?

o Depends on the special circumstances of each case,

and first published (regardless of nature of victim)

2. If offended party is a private individual, RTC of province

where actually resided during offense

3. If offended party is a public officer whose office is in Manila

at the time of the commission of offense, in the RTC of Manila

4. If public officer outside of Manila, in the RTC of the province
or the city where he held office during the commission of the

antecedents, or relationships between the offended party and

offense

157

Can a headline alone be libelous?

o No. The headline must be read with the accompanying news

story
When can public officers demand damage from members of the
press?
o If the statement was made with actual malice with knowledge

What are the elements of reckless imprudence?

1. Offender does or fails to do an act

2. It is voluntarily done or not done

3. Without malice

4. Material damage results from the reckless

that it was false or with reckless disregard of whether it was

o

of the offender, taking into account the above

false or not
How is reckless conduct measured?

Whether a prudent man would have published it or

investigated further before publishing

INCRIMINATORY MACHINATIONS (363-364)

What are the crimes under incriminatory machinations?

o 1. Incriminating an innocent person (363)
o 2. Intriguing against honor (364)
What is intriguing against honor?
o Chismis. (The author is unknown and the offender appears to

to assume responsibility for the statement.)

What if the source of the statement is known?

Its slander
What is incriminating an innocent person?
o Imputing to the innocent person the commission of a crime.

immediate or the danger is not openly visible.

What is the nature of culpa/imprudence?
o Culpa under Art. 365 is in itself a crime (criminal negligence)
o Under Art. 3, it is just a mode of committing a crime
Do complex crimes apply to imprudence?
o Yes. If a reckless, imprudent, or negligent act results in two or
more grave or less grave felonies
Relate reckless imprudence to malice:
o Reckless imprudence consists of voluntarily doing or failing to
by reason of an inexcusable lack of precaution by the person

XIV: CRIMINAL NEGLIGENCE

performing or failing to perform the act

o Malice is the antithesis of reckless imprudence
In case of abandonment of victim, what provision of the RPC
governs?
o The qualifying circumstance of the last paragraph

What is reckless imprudence?

o It is the inexcusable lack of precaution of a person, taking into

(abandonment) must be alleged for the court to have

consideration his: a) employment, b) intelligence, c) physical

o

the situation.
It applies to situations where the threatened harm is not

do, without malice, an act from which material damage results

This includes planting of evidence

considerations
What is simple imprudence?
o The failure to exercise the diligence necessary or called for by
o

be repeating only what he heard others say. He doesnt want

imprudence
5. There is inexcusable lack of precaution on the part

condition, d) other circumstances (time, person, or place).

This must lead to material damage to another, which is

jurisdiction to impose the next higher degree penalty

To convict for medical malpractice, what kind of evidence is
required?

manifest.

158

Expert testimony is usually necessary to support the

conclusion as to causation
What is the exception to this rule?

Res ipsa loquitur

Is there a crime of double homicide through reckless imprudence?
o No. In reckless imprudence, the actual penalty for criminal

every case)
o May the offender be compelled to give support to the child
born out of rape, although the woman is married?

No, not if the woman is already married.

Dissent by Justice Regalado: compel offender,

crimes committed, but set in relation to a whole class/series of

crimes.
N.B. in the penalties for negligence, what matters is if a less

provided that the paternity of the child to the offender

is established.

grave or a grave felony results. This determines the violation.

But does a charge under the RPC absorb the other charges

comprising mala prohibita crimes?

o No. A mala in se felony cannot absorb mala prohibita crimes.

Even with RA 9346, the classification of crimes as heinous and quasiheinous still remains (heinous: death; quasi-heinous: RP)
o If the crime is heinous:

75,000 indemnity

50,000 moral damages

o Quasi-heinous

50,000 indemnity

50,000 moral damages

Simple rape indemnity 50,000; moral damages 50,000
o No need to prove besmirched reputation, mental anguish etc.
It goes without saying already.

(Basis: Art. 345 of RPC does not

distinguish)
But the offender cannot be obliged to acknowledge offspring in
adultery and concubinage, when the offended party is married

ANNEX 1: CIVIL INDEMNITY RATES

There must be three

separate awards for 50,000 each.

General rule: for rape support child born out of rape. (Art. 345 in

negligence bears no relation to the individual willful crime or

It cannot be one award for 150,000.

and paternity cannot be determined.

Use of woman to rape a woman is aggravating even special:
o 25,000 damages
Acts of lasciviousness:
o 5,000 moral
o 2,000 exemplary for each count
Qualified rape:
o 75,000 indemnity
o 50,000 moral damages
Rape with homicide:
o 100,000 indemnity
o 50,000 moral damages
For moral damages on parricide, homicide, rape, etc. No need to allege
emotional suffering on information.
o But some cases say that in homicide or murder, there must be

REGARDLESS of sexual

proof that the heirs suffered emotional pain, suffering, etc. Ex.

preference, religious orientation, etc.

Sexual assault (finger)
o 30,000 indemnity
o 30,000 moral damages
Raped three times:
o There must be a separate award for each crime.

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if they are separated, then they dont feel anything.

Consummated homicide:
o 50,000 indemnity
o 50,000 moral damages
Frustrated homicide:

o 30,000 moral damages

Attempted homicide:
o 30,000 moral damages
o Moral v. P: 10,000
In reckless imprudence resulting to homicide:
o Indemnity
o Moral damages
Robbery with homicide:
o 50,000 indemnity
o 50,000 moral damages
Forcible abduction with rape (for each count):
o 75,000 indemnity
o 50,000 moral damages
Kidnapping with rape
o 100,000 for kidnapping
o 25,000 for moral damages
o 50,000 for slight illegal detention
Victim kidnapped was 8 years old:
o 50,000 indemnity
o 200,000 moral damages
o 100,000 exemplary damages because demand for ransom
was deemed an AC
Qualified carnapping:
o 75,000 indemnity
o 50,000 moral

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