Escolar Documentos
Profissional Documentos
Cultura Documentos
Preliminary
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
EXCEPTION: service-connected
offenses (provided in RA 7055)
fall under courts-martial
Civilian court determines before
arraignment whether the crime is
service-connected
Is it
possible for a serviceconnected crime to be tried by
civilian courts?
YES.
The President, before
arraignment, in the interest of
justice, may refer the crime to a
civilian court as long as it is
covered by the RPC or any other
SPL.
What about Members of the PNP?
They are covered by RA 6975.
Civilian courts have jurisdiction
over them because the PNP is
civilian in character.
o 3. Immunity under law/transactional immunity
Transactional immunity is statutory
immunity from criminal prosecution as
granted by law
Omnibus Election Code one who
reports to the COMELEC any incident of
vote buying or vote selling, and he
testifies for prosecution: he is entitled to
Art. 3: felonies
Circumstance
Common
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
or
usual
10
11
12
13
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 crime is
established or known
Differs from preparatory acts, which are
just means or measures necessary to
produce the desired end.
Ex. surveillance
Ex. buying poison
Ex. conspiracy and proposal,
unless the law punishes the
conspiracy/proposal per se
o 2. But offender did not complete all acts of
execution to produce the felony
Still at the subjective phase of the
commission of crime still has full
control of acts, and has not completed
the needed acts yet
o 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
o
o
o
o
15
16
17
18
19
20
Art. 10
21
22
23
24
25
26
27
28
29
30
31
32
Privileged
Specific
Lower
to Lower by one or To
specific
minimum period
more degree
felonies only
If 2 or more,
lower by one or
more degree
Can be offset by Cannot be offset
ACs
by ACs
Cannot
imposed
indivisible
penalties
33
be Can be imposed
on 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
ordinary
mitigating
circumstance? When is it a privileged mitigating
circumstance?
o Ordinary if there is only one element or there is
no majority of required elements
o Privileged if there is majority, but not all, of
required elements
34
o 1. Sufficient
Merely shouting at the accused and
asking the latter to leave is NOT
proportionate to the latter killing the
former.
Need not constitute unlawful aggression
under Art. 11; the threshold here is
lower.
Need not be put in words; can be in
action.
Ex. entering anothers property
and then starting to gather the
latters crops.
o 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 facts, is the accused entitled to two
separate mitigating circumstances or only one?
o Only one. The accused is only entitled to only
one mitigating circumstance, because both are
based on the same facts.
o Same rule between vindication of grave
offense and sufficient provocation.
What is immediate in immediate vindication of
grave offense?
35
36
37
38
o 17. Ignominy
o 18. Committed after unlawful entry
o 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
o Aggravating circumstances must be alleged in
the information, mitigating circumstances need
not (since theyre matters of 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 robbery with rape or robbery
with
homicide,
for
instances,
aggravating?
No, its not enumerated under law
as such.
Its an anomalous
situation, but doubt is resolved in
favor of the accused.
39
40
41
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?
42
43
Art 14(4)
ungratefulness
abuse
of
confidence
or
obvious
44
45
46
Band
Armed men
Accomplices
Organized
crime syndicate
not Crimes
specified
At
least
persons
two
o 3. Habitual delinquency
o 4. Quasi-recidivism
Who is a recidivist?
o Elements:
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
o Important things to note:
At least two convictions one preceding
the other, and the preceding one must
have final judgment already
Both offenses must fall under the same
title in the RPC
No specific period between convictions
required
o 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 crime
What is the nature of recidivism?
o Generic aggravating circumstance
What is reiteracion?
o Elements:
1. The offender has previously been
punished (has served sentence)
2. First offense must have had a greater
or equal penalty;
Reiteracion
service
of
48
49
50
Distinguish:
o 1. Craft cunning or intellectual trickery to
carry out the evil 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 accused induced the victim to
51
P v. Escote
o Take note that before this case, the SC has
always been divided whether treachery can
apply to robbery with homicide. Those who
say no say that it cant apply because robbery
with homicide, which is a crime against
property.
o But here, J. Callejo decided to cite Spanish
SC decisions, stating that treachery may
aggravate the homicide part of that special
complex crime. So treachery applies.
o Why not qualifying?
The crime of robbery with homicide is a
unique crime in the sense that there can
be no robbery with murder. 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 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 special complex crime of
kidnapping with murder.
o So treachery can apply, under the Escote rule.
52
What is ignominy?
o Circumstance pertaining to a moral order which
adds disgrace or obloquy to the material injury
caused to the offended party and tends to
make the crime more humiliating
Examples of ignominy:
o 1. The accused lighted a cigarette on the pubic
area of the victim which caused blisters.
o 2. When the accused focused his flashlight on
the genitals of the offended party, and he
examined it before he raped her in 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.
Does this still apply?
o No, these must be modified. Art. 266-A of
RPC: Decisions in Bacule and Sailan are now
amended. These are now acts of sexual
assault.
The accused after killing the victim cut off the left
leg and took the flesh from the legs and shoulders
of the victim. Is this ignominy?
o No, because the victim was already dead.
When is it inherent?
o 1. Trespass
o 2. Robbery with force upon things
What is cruelty?
o Unnecessary physical pain in the commission
of the crime
What is the test?
o Whether the accused deliberately and
despicably augmented the wrong committed by
him by causing another wrong not necessary
for its commission, or inhumanly increasing the
suffering of the victim, slowly and gradually
R.A. 8294
R.A. 9165
54
RA 8353
55
56
57
58
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 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 duty for policemen.
o 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 victim. The number of crimes
committed does not depend on 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 circumstance that requires
imposition of RP/death.
59
60
Who is an accessory?
61
62
o No.
PENALTIES
63
Yes.
What is the retroactive application of RA 9344?
o Any pending cases involving children below 15
are automatically dismissed and referred to
appropriate diversion programs
o Those
already
serving
sentence
are
reassessed/reclassified
under
the
new
benevolent features of the law
o If the minor is no longer entitled to suspension
of sentence (Ex. reached 18 years old) and the
court resolves to impose the 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.
o 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 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 filed by public prosecutor, and
not the private offended party.
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
Application of penalties
79
Attempted
Principal
As provided
-1
-2
Accomplice
-1
-2
-3
Accessory
-2
-3
-4
80
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 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
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 be lowered by
one degree?
No. No matter how many MCs
there are, RP cannot be reduced
by degrees (except privileged
MCs)
o To which crime do these rules not apply to,
and what applies instead?
Penalty of fine
83
Civil liabilities
and
damages
caused
by
the
acts/omissions of minors living in their
company and 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 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 the hospital
o Are these consultants deemed employees?
Yes.
Because employer-employee
relationship is not determined by the
nomenclature of the relationship.
85
86
87
88
89
90
Prescription of penalties
91
92
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 under
certain conditions. (Ex. do not commit crime,
etc.)
o Offenders who commit crimes while on parole
are disqualified from ISL.
o This lasts for a certain period of time.
o 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
93
94
95
96
97
ESPIONAGE (117)
Offenses:
o 1. Without authority, entering warship, fort, etc.
to obtain information, etc. of confidential nature
Relating to national defense
o 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?
PIRACY (122-3)
98
99
100
What is terrorism?
o 3. Accessories
o 4. Conspirators (even if not yet executed)
II: CRIMES AGAINST FUNDAMENTAL LAW
ARBITRARY DETENTION (124)
101
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 without any lawful
cause.
o 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?
102
DELAY
PRISONERS TO JUDICIAL AUTHORITIES (125)
103
THROUGH
IN DELIVERY OF
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 proper time period
Under the HSA, what are the duties of those
conducting custodial investigation?
o N.B. More expansive than duties in RA 7438
(Act defining rights of persons under custodial
investigation)
o Before detaining a person after warrantless
arrest, he MUST first deliver the person to the
nearest office OR RESIDENCE of 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
o Then, the judge delivers within 3 days to
nearest court with jurisdiction his report.
104
EXPULSION (127)
105
SEARCH
106
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
PROHIBITION, INTERRUPTION,
MEETINGS (131)
107
DISSOLUTION OF PEACEFUL
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,
exhaustion,
dysfunction, or disability
o 2. Mental or psychological torture
Act imposed by a person in authority or
his agent which is calculated to affect or
confuse the mind or undermine a
persons dignity or morale
108
o
o
o
o
109
110
COMMIT
REBELLION,
DISLOYALTY (137)
111
TO
SEDITION (139)
112
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?
Tumultuous public uprising more
than
Is it a public crime?
113
PREVENTING MEETING OF
CONGRESS
AND SIMILAR
BODIES (143)
Elements?
o 1. Through force or fraud
o 2. Preventing the meeting of the Congress, any
of
its
subcommittees/subdivisions,
constitutional
commissions,
or
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
114
115
117
118
119
120
Elements:
o 1. There is direct assault against an agent of a
person in authority (under Art. 148)
o 2. A person came to the aid of the agent
o 3. The offender uses force or intimidation
against such person coming to the aid of the
agent
There is disagreement again as to this provision.
o Guevara and Reyes: WRONG about this
Public disorders
SERIOUS DISTURBANCE/TUMULTS (153)
121
or
Cannot
be
committed
by
culpa (there is
intent to seriously
disturb)
Distinguish:
Interruption of Serious
Interruption of
peaceful
disturbance
gatherings (153,
meetings (131)
(153,
p.1)
p.2)
taken
in
contrast
with
131
123
Acts punished:
o 1. Discharging firearm, rocket, firecracker, or
explosive within any town or public place
o 2. Charivari or disorderly meetings
o 3. Disturbing public peace while wandering at
night or engaged in nocturnal amusements
o 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 translation.
o 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?
o No. If there is another crime committed (155
here), one cannot be liable for RA 8294.
Elements?
124
125
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. The law provides that a person who
helps escape a person who committed
parricide, murder, or treason escape, he can
be an accessory under Art. 19 to parricide,
murder, etc.
o 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
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 aggravates the punishment.
o So this is a THIRD character of conspiracy
not just mode, not just crime, but also
aggravating circumstance.
o What about bribery?
Bribery in this case can be deemed a
means to commit the crime of delivery.
Evasion of service
EVASION OF SERVICE OF SENTENCE (157-9)
127
128
FORGING THE
USE
PRESIDENTS
SIGNATURE OR
STAMP (162)
129
FORGING,
130
COUNTERFEITING,
IMPORTING,
UTTERING
INSTRUMENTS
131
FALSIFICATION
PUBLIC OFFICER,
ECCLESIASTIC MINISTER (171)
BY
EMPLOYEE, NOTARY,
132
133
134
135
Elements:
o 1. A person changes a document or
intercalates an entry or statement therein
o 2. The alteration or intercalation was made in a
genuine document
138
FALSIFICATION
BY
PRIVATE
INDIVIDUALS
AND
USE
OF
139
FALSE
INTRODUCTION
INTO THE
PHILIPPINES
OF ANY INSTRUMENT
140
Other falsifications
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS (177)
141
3. To cause damage
o 2. Person who conceals his true name or other
personal 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 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 interest. Public interest is something
in which the public, community at large, has
some pecuniary interest by which 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?
Estafa. Art. 315-2(A)
o What if the fictitious name is used to
commit robbery?
142
C.A. 142
143
144
145
Elements?
o 1. Knowingly making untruthful statements
o 2. Not covered in the prior provision
Elements?
o 1. Party offers the document in evidence
o 2. He knows that the document is false
Malicious procurement of search warrant and use
of perjured 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)
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 postevaluation of bids, and awarding beyond
allowable period
o 3. Unduly influencing or using undue pressure
on the Bids and Awards Committee to accept a
particular bid
o 4. Splitting of contracts which exceed purchase
limits and competitive bidding
V: RELATED TO OPIUM
147
148
149
150
152
153
MANIFESTLY
NEGLIGENCE (205)
154
Elements:
o 1. Judge either:
A.
Renders
manifestly
interlocutory order or
unjust
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
155
Bribery
156
157
158
159
MALVERSATION (217)
160
Elements?
o 1. Offender is a public officer
o 2. He has custody or control of funds by reason
of duties of office
161
162
Elements:
o 1. Public officer
o 2. Accountable officer
o 3. Required by law or regulation to render
accounts to government or provincial auditor
o 4. Fails to make account within 2 months
163
Elements:
o 1. Public officer
164
OPENLY REFUSE
COURT, ETC. (231)
165
ANTICIPATION,
(236-8)
EXECUTIVE
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:
167
169
MURDER (248)
170
HOMICIDE (249)
What is homicide?
171
172
AND
PHYSICAL
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?
173
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 (155)
What if the firearm is unlicensed?
INFANTICIDE (255)
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 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?
174
o Yes.
Does
the
alternative-aggravating
circumstance of high degree of
education apply here?
No, the education is an element
of the crime 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, but unintentionally
What does unintentional refer to?
There must be no intent to abort
the child.
But unintentional does not refer
to culpa, because there has to be
prior
violence
with
intent
committed.
o What if the violence was caused by
imprudence?
It is not unintentional abortion
It
is
reckless/simple
imprudence
resulting to unintentional abortion
o X stabbed and killed his wife 9 months
pregnant. What is the crime?
Parricide with unintentional abortion
Does concealment of dishonor by the mother or
maternal (almost) grandparents also apply to
unintentional abortion?
Intentional abortion
Unintentional abortion
Always
violence
By woman herself
another person
Offender knows
pregnancy
with
physical
of
DUEL (260-1)
175
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.
o 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
MUTILATION (262)
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 the RPC, and not VAWC
When is the punishment greatest?
o When what is cut off is a body part for
reproduction
OF
176
177
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
178
180
o [Relationship]
o 7. Victim is under 18 and offender is a parent,
ascendant, step-parent, guardian, relative by
blood or affinity to 3rd degree, common law
spouse of parent of victim
o 8. In full view of the spouse, parent, children, or
other relatives up to 3rd degree
o [Specially protected victims]
o 9. Victim is under 7 years old
o 10. Victim has religious vocation or calling and
it is known by the offender prior to the rape
o 11. Victim was pregnant and it is known by the
offender
o 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 with Homicide.
o What is on the occasion?
181
182
What is hazing?
o Placing recruit in some embarrassing or
humiliating situation such as forcing him to do
menial, silly, foolish, and other similar tasks or
subjecting him to physical or psychological
suffering or injury
183
Elements of kidnapping/SID?
o 1. Committed by private individual
o 2. Kidnaps or detains another or otherwise
deprives him of liberty
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.
184
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
185
186
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
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?
187
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
DWELLING (280)
AND
OTHER
FORMS OF
TRESPASS (281)
TO
188
AND
Grave threat
Threatens
crime
Light threat
a Threatens
wrong
OTHER
189
Other
threat
a Threatens
wrong
light
a
Indications show
he persists in the
crime
Threat made in
the heat of anger
and
indications
show he does not
intent to persist in
the wrong
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?
190
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 property)
May be liable for grave threats or
homicide (if the person is killed), as the
case may be.
But it may be absorbed by the violence
provision in Art. 312
What if there is lewd design?
o Forcible abduction, not grave coercion
Distinguish between threat and coercion:
o Threat:
191
192
193
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
Can contraband property (ex. drugs)
be subject to theft/robbery?
Yes.
o 2. Unlawful taking
What is taking?
Taking of personal property out of
possession of another without
privity or consent and without
animus revertendi (intent to
return)
What must concur:
1. Taking (physical act)
2. AND intent to gain (mental act)
194
195
it
is
NOT
indispensable for there to be
intimidation
Is it possible that one is guilty BRD of
theft/robbery even if the thing stolen is not offered
in evidence?
o Yes, because the person may have destroyed
the property, thrown it away, etc.
o 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?
196
197
198
ROBBERY
WITH
PHYSICAL INJURIES
199
EXECUTION
OF
DEEDS
BY
INTIMIDATION (298)
200
MEANS
OF
VIOLENCE
OR
ROBBERY
Robbery
against
particular victim
Robbery
a Indiscriminate
robbery
(PD
be
actual
highway
BRIGANDAGE (306-7)
Highway
532)
Brigandage (306-7)
203
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.
o Is there presumption of theft?
Yes, when personal property is found in
possession of recently stolen property
and he cannot explain how he came into
possession of such. Then it will become
conclusive.
o How recent is recent?
Case by case.
If a person is given property for a particular
purpose and that person took or misappropriated
the property, would it be estafa or theft?
o Theft; when only physical possession is given
but juridical possession is kept by the
transferor. What is given here is just DE
FACTO possession, not juridical.
o But if juridical possession is given to the
transferee, it is estafa.
o A bank teller, after receiving deposit,
instead of giving it to the bank takes the
money. What is committed?
Theft, not estafa.
204
What
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.
205
206
207
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 should be known to
him to have been derived from proceeds or
robbery or theft
Who is a fence?
o Fence is person, corporation, or association,
or partnership that commits the act of fencing
USURPATION OF
PROPERTY (312)
208
What is usurpation?
o Similar to robbery except that in robbery,
personal property is 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?
SWINDLING/ESTAFA (315)
2. Misappropriation or conversion; or a
denial by him of such receipt is also a
violation
3. To the prejudice of another
4. Demand by offended party to return
the money or property
o What is any other obligation to make
delivery or to return?
It refers to contracts of bailment, lease
of
personal
property,
deposit,
commodatum because under any of
these provisions, there is JURIDICAL
POSSESSION by the depositary
In estafa, both MATERIAL and
JURIDICAL possession is transferred to
the offender
o What is the difference between material and
juridical possession?
Possession which gives to the
transferee a right over the thing/property
which he may set-up against the
transferor
In Theft or robbery, there is NO
transaction between offender and
offended party
The transaction involved must not
transfer ownership to the offender
o There must be a FIDUCIARY relationship
between offender and offended party.
No.
Even a temporary disturbance
constitutes misappropriation. No need
to be permanent.
o What does prejudicial to another mean?
It need not be the owner of the property
himself. It can be another person, as
long as there is damage caused.
o 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 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.
o 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 commission. He
was not prohibited from appointing a
sub-agent, so he got one. The subagent stole the jewelry.
HELD: The agent was acquitted
because he did not convert or
misappropriate the jewelry.
212
213
Or
surreptitiously
abandoning
or
removing luggage 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 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
o 2. Such must be made or exhibited prior to or
simultaneously
o 3. Offended party must have relied on such
and was thus 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 security had mangoes, when it
was really barren
Ex. I will sell you my property. But it
really wasnt his.
214
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 no need for notice of
dishonor because the account
was already closed.
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.
217
218
(336)
(339)
Obscene
acts Obscene
acts Obscene acts
committed with committed with lewd committed with
lewd design
design
lewd design
Committed under
circumstances of
rape
(no
consent)
CONCUBINAGE (334)
Committed
under
circumstances
of
seduction (consent
secured by deceit)
Any age,
reputation
Acts
of Consented acts of Sexual abuse
lasciviousness
lasciviousness
(RA 7610)
219
Victim is male
or
female
exploited
in
prostitution or
subjected
to
sexual abuse
Offender
has
sexual Offender
has
sexual
intercourse with the victim intercourse with the victim
through cajolery
through cajolery
Victim is a virgin woman
AND
CONSENTED ABDUCTION
Consented
(343)
abduction
221
BIGAMY (349)
222
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
223
SLANDER (358)
224
226
227
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
228