Escolar Documentos
Profissional Documentos
Cultura Documentos
Elements of Piracy
1. Vessel in High Seas/PH Waters
2. Offenders are strangers
3. They do the two ways
6. Search warrants 1. POE n/a Search Warrant an order in writing TEST: If the affidavit filed in support of
maliciously 2. Does: issued in the name of the People of the the application for SW has been drawn
obtained and a. Procures SW w/o just cause or PH, signed by a judge, directing a peace in such a manner that perjury could be
abuse in the Exceeds his authority or officer to search for personal property charged thereon for the damages
service* of those b. Uses unnecessary severity in described therein and bring it before the caused
legally obtained executing SW legally obtained court.
- Search the premises in the presence of 2 Personal property to be seized are:
*presupposes witnesses and lawful occupant/his Subject of the offense; fruits of the
reasonable force may immediate family/2 witnesses of sufficient offense; items used or intended to be
be used in the age & discretion residing in the same locality used as the means of committing an
execution of a valid - Make a receipt of the items seized offense
7. Conspiracy to Must agree to rise publicly and No proposal to commit sedition. Mere conspiracy punishable Any person
Commit Sedition tumultuously for any of the objects of
sedition
8. Inciting to Sedition Acts: should incite others to the accomplishment of xxx sedition No inciting if the defendant is not
1. Inciting others to commit thru proved to have incited the people to rises publicly and tumultuously
speeches, proclamations, writings Think seditious plays Kahapon, Ngayon at Bukas of Aurelio Tolentino
etc
2. Uttering seditious words or Two rules:
speeches which tend to disturb the 1. Clear and Present Danger Rule the words must be of such a nature that by uttering them, there is a
public peace danger of public uprising, and this is clear and imminent. It is required that there must be reasonable
3. Writing, publishing, circulating ground to believe that the danger is imminent and the evil to be prevented is serious injury to the
scurrilous libels vs govt which tend State.
to disturb the public peace 2. Dangerous Tendency Rule If the words used tend to create a danger of public uprising, then those
4. Knowingly conceal such evil words could properly be the subject of a penal clause.
practices
(In poli law, we use Clear and Present Danger Rule, not Dangerous Tendency Rule. Freedom of speech is
Elements not absolute but still vaunted.)
1. Offender does not take part directly
2. He incites others to accomplish any
act of sedition
3. Thru speeches, proclamations,
writings, emblems, cartoons,
banners, other reps tending to the
same end
12. Illegal Assemblies First Form - Any meeting in fixed/moving place attended by armed persons for the The absence of intent may be a defense.
purpose of committing any felonies. (A good number must be armed in the group) Persons merely present: arresto mayor
Persons with licensed FA: Prision Correctional
Second Form - Any meeting in fixed/moving place which the audience, armed or not, Persons with Unlicensed FA: Presumed leader and the
is incited to commit: treason, rebellion/insurrection, sedition, or assault upon purpose is to commit felonies
PA/APA
13. Illegal Associations 1. Associations totally or partially Mere membership in CPP is not a crime. 1. Founders,
organized for the purpose of directors and
committing felonies Subversion association, organization group organized for the purpose of presidents
2. Associations totally or partially 2. Mere
organized for some purpose members
contrary to public morals
Chapter Four. ASSAULT UPON AND RESISTENCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS
15. Indirect Assaults 1. PA/APA is the victim of any DA Indirect assault can only be committed if a direct assault is also committed.
2. A third person comes to the aid of
such PA/APA Examples:
3. The offender makes use of 1. A policeman is having a hard time pushing a suspect inside a police car because the suspect is pulling
force/intimidation upon the person back. A third person who came to help put the suspect inside the car was kicked by the suspect. The
coming to help the assaulted kicking of the third person constitutes Physical Injuries merely. The police is not under Direct Assault.
PA/APA
2. The Mayor is pushed and shoved while on his way home by an irate person whose house was
demolished. A vendor who pulls the Mayor away is himself slapped. The crime on the Mayor is direct
assault and the crime on the third person is also direct assault.
But if the third person directs the vendor to stop but the vendor tells him not to interfere, the crime
against the third person would be resistance under Article 151.
3. X came to help The Chief of Police who was being pushed and shoved by vendors who were not
allowed to sell on the sidewalk. X was also kicked and boxed and thrown to the ground. Y came to help X
but was himself kicked and boxed. What is the crime against Y? Physical injuries only. Y commits
Rsistance and Disobedience to the COP, not direct assault.
16. Disobedience to
summons by
Congress, Consti.
Commissions, or
their committees
19. Unlawful use of A. Publishing or causing to be published as news any false news which may endanger Not all yellow journalism is penalized; only those which
means of the public order, or cause damage to the interest or credit of the state. endangers public order
publication and B. Encouraging disobedience to the law or to the authorities by praising, extolling any Example: praising the act of the Magdalo soldiers as a
unlawful act punished by law. supreme sacrifice worthy of emulation by all soldiers.
2). It does not matter that the gun was fired within the
premises of ones house so long as there were people who
were disturbed.
22. Evasion of Service 1. Offender is a convict by final Not applicable if the sentence is deportation
of Sentence judgment Applicable in destierro
2. He is serving his sentence If the convict evades sentence and was granted an amnesty afterward, he may not be charged for evasion
which is DEPRIVATION OF of service of sentence.
LIBERTY
3. He escapes during term of QUALIFIED:
sentence 1. Escape by unlawful entry
2. Breaking doors, windows, gates ,walls , roofs, floors
3. Using picklocks, false keys, disguise, deceit, violence, intimidation
4. Thru connivance with other inmates
23. Evasion on
occasion of
disorders
24. Violation of 1. Convict by final judgment Prision Correcional penalty remitted is 6 This is a distinct crime. Convict by final
Conditional 2. Granted a conditional pardon years or less judgment only
Pardon by Chief Executive Unexpired portion of sentence More than Not detainee
3. He violates that 6 years
Chapter Seven Quasi Recidivism
25. Commission of Quasi Recidivism
Another Crime 1. Convicted by final judgment of one offense
during the service 2. Commits another felony before serving or while serving
of penalty
1. Counterfeiting the
great seal of the
Govt
2. Using forged
signature or
counterfeit seal
3. Making and
importing and
uttering false coins
4. Mutilation of coins, If coin is foreign currency, its mutilation
importation and is not a crime
uttering of mutilated The coin must be legal tender
coins
5. Selling of false or 1. Possession of
mutilated coins counterfeit/mutilated with intent
to utter knowing its falseness
2. Actually uttering and knowing it is
false
6. Forging Treasury or
Bank Notes and
Uttering the Same
7. Counterfeiting,
importing and
uttering instruments
not payable to
bearer
8. Illegal possession 1. Treasury or bank notes are forged Any Person Mere possession alone is not a criminal Failure to state why he has them
and use of forged or falsified by another person offense. The intent to use and gives rise to presumption that he
treasury bills 2. Offenders knows of its forgery knowledge of its falsity are elements. either made them or does not want
3. He uses them; or he possesses to divulge who made them.
them with intent to use
11. Falsification by Three Acts Punishable. Generally has no Intent to damage is material. Damage ESTAFA vs FALSIFICATION
Private Individuals frustrated /attempted stage need not be material, but could be
and Use of Falsified damage to ones honor.
Docs 172 First Falsification of public, official or Private Does: Disputable Presumption: Possessor of
commercial document by private individual in a i. Counterfeiting or imitating or a falsified doc is its author
individual PUBLIC, feigning any handwriting/sig/rubric
OFFICIAL or ii. Causing it to appear that Complex Crime:
Public Document doc created, executed COMMERCIAL persons appeared when they did not - Estafa thru Falsification of Public,
or issued by a public official in response to document only iii. Attributing any acts other than Official or Commercial Document.
the exigencies of public service; any those they made Also: Falsification of P/O/C Doc thru
instrument duly notarized iv. Making untruthful statements in Reckless Imp
narration of facts
Official Document Issued by a PO in the v. Altering true dates Never Estafa thru Falsi of Private Doc
exercise of the functions of his office. Also vi. Making any alteration or or Falsi of Private Doc thru Reckless
a public doc. intercalation in a genuine doc which Imprudence.
changes its meaning
Commercial Document any doc defined vii. Issuing in authenticated form a
and regulated by Code of Commerce (ex: doc purporting to be a copy of original
checks, quedans, bills of lading, etc) doc when no such original exists; or
including in such copy a statement
Private Document deed or instrument different from the genuine original
executed by private persons w/o viii. Intercalating any instrument or
intervention of notary. If notarized, note relative to the issuance thereof in a
becomes public (except Wills) protocol, registry or official book
Third Use of falsified document in Private person Damage is not material if the use is in
Judicial or Other Proceedings who knows that judicial proceeding
Elements: the doc is For any other transaction, damage or
1. Private person falsified intent to damage is needed.
2. Knew the doc was falsified by another
3. He uses this as evidence in any judicial
proceeding; OR the use of this
prejudices another or he has the
intent to prejudice another
12. Falsification of Three Acts Punished: POE; or Text Message/Emails/Whatsapp can be INTENT TO DAMAGE MATERIAL
wireless, cable, 1. Uttering fictitious wireless, telegraph, Private falsified thru this
telegraph and or telephone message employee of
telephone messages; 2. Falsifying those communications
use 3. Using those
13. False medical False Med Cert by Physician Physician Certificate - any writing by which
certificates, merit or False Certificate of Merit /Service by POE POE testimony is given that a fact has or has
service False Certificates by Other Private Persons Other Private not occurred. Not necessarily notarized.
14. Use of false See Immediately preceding. The use of Person who
certificates that by any person is punished here. uses that
15. Manufacturing and
possession for
falsification
16. Usurpation of Two ways: POE or Private POE be very careful, follow law of Additional penalty for usurpation
authority or official Usurpation of Authority (nagpanggap na Person succession of office of diplomatic or consular or foreign
function may trabaho) Usurper- one who introduces himself govt authority
Usurpation of Official Function (ginawa into an office that is vacant or outs an
yung trabaho ng iba) incumbent without color of title and
assumes his job
17. Using fictitious Use of false name publicly to: conceal a Any person Unregistered aliases Not app for screen names or other
names crime; evade execution of judgment; artsy stuff
cause damage to public interest
18. Illegal Use of 1. Use of insignia Any person
Uniform/Insignia 2. Which pertains to an office not held by
offender
3. Publicly and improperly
19. False Testimony vs 1. Crim proc ongoing Witness YES EVEN IF THE TESTIMONY IS NOT
Defendant 2. Offender testifies vs defendant CONSIDERED BY THE COURT!!!!
!!!!CRIMINAL!!!!! 3. He knows that to be false
4. The defendant is acquitted or
convicted (correctional penalty) IN A
FINAL JUDGMENT
20. False Testimony in 1. Crim proc ongoing False testimony by negative statement Rectification immediately after
favor of Defendant 2. Offender testifies in favor of defendant is in favor of defendant realizing his mistake is not penalized
!!!!CRIMINAL!!!!! 3. He knows that to be false False testimony need not directly
influence acquittal If afflictive penalty of defendant- AM
Intent to favor defendant needed PC
Any other penalty for defendant
AM
21. False testimony in 1. Testimony given in civil case
Civil Cases 2. Testimony relates to the issues in the
case
3. Testimony is false
4. Defendant knows this to be false
5. Testimony is malicious and with intent
to affect the issues in the said case
22. Other False Two ways: Person making a Making falsities in PDS by a govt Good faith is a defense
SUBORNATION OF PERJURY
- A person knowingly and willfully
procures another to swear falsely
and that person does testify under
circumstances rendering him guilty
of perjury
23. Offering False Testimony in Evidence Offender If the offeror induces the witness to
1. Offender offered in evidence a false witness/testimony without make false testimonies, this is not the
2. He knew it to be false inducing crime. Use the ones above as necessary.
3. Offer made in a judicial or official proceeding another to be a
false witness
24. Machinations in
Public Auction
25. Monopolies &
Combinations in
Restraint of Trade
26. Importation and
Disposition of Falsely
Section 11
Section 15
Section 21
Attempted TIP
Where there are acts to initiate the commission of a trafficking offense but the offender failed to or did not execute all the elements of the
crime, by accident or by reason of some cause other than voluntary desistance, such overt acts shall be deemed as an attempt to commit an act
of trafficking in persons. As such, an attempt to commit any of the offenses enumerated in Section 4 of this Act shall constitute attempted
trafficking in persons.
In cases where the victim is a child, any of the following acts shall also be deemed as attempted trafficking in persons:
(a) Facilitating the travel of a child who travels alone to a foreign country or territory without valid reason therefor and without the required
clearance or permit from the Department of Social Welfare and Development, or a written permit or justification from the childs parent or
legal guardian;
(b) Executing, for a consideration, an affidavit of consent or a written consent for adoption;
(c) Recruiting a woman to bear a child for the purpose of selling the child;
(d) Simulating a birth for the purpose of selling the child; and
(e) Soliciting a child and acquiring the custody thereof through any means from among hospitals, clinics, nurseries, daycare centers, refugee or
evacuation centers, and low-income families, for the purpose of selling the child.
Manifestly unjust judgment- even a person having meager knowledge of the law cant doubt the
injustice.
Anti Graft and Corrupt Committed by POEs and Private Persons who conspire A public officer performs an act inimical to public service
Practices Act with them.
Exception. Unsolicited gifts or presents of small or insignificant value offered or
Eleven Acts of G&CPs: given as a mere ordinary token of gratitude or friendship according to local customs
1. Persuading, inducing or influencing another public or usage, shall be excepted from the provisions of this Act.
officer to perform an act constituting a violation of
rules and regulations duly promulgated by Prohibitions
competent authority or an offense in connection President, Vice intervene, directly or indirectly, in any business, transaction,
with the official duties of the latter, or allowing President, contract or application with the Government
himself to be persuaded, induced, or influenced to Senate NOT APPLICABLE: prior to the assumption of office of any of
commit such violation or offense. President, the above officials to whom he is related, has been already
Speaker of dealing with the Government along the same line of business,
2. Directly or indirectly requesting or receiving any HOR and nor to any transaction, contract or application already existing
gift, present, share, percentage, or benefit, for relatives or pending at the time of such assumption of public office, nor
himself or for any other person, in connection with within 3rd to any application filed by him the approval of which is not
any contract or transaction between the degree of discretionary on the part of the official or officials concerned
Government and any other part, wherein the consanguinity but depends upon compliance with requisites provided by law,
public officer in his official capacity has to or rules or regulations issued pursuant to law, nor to any act
intervene under the law. lawfully performed in an official capacity or in the exercise of a
Anti Plunder Act 1. That the offender is a public officer who acts by 1. Plunder is the act of accumulating or acquiring ill-gotten wealth in an aggregate
himself or in connivance with members of his family, amount of at least P50 million, personally or in connivance with third persons
relatives by affinity or consanguinity, business
associates, subordinates or other persons; 2. The accumulation must be through a combination or series of overt acts, a pattern
indicative of the overall unlawful scheme or conspiracy
2. That he amassed, accumulated or acquired ill-gotten
wealth through a combination or series of the 3. The penalty is reclusion perpetua to death
following overt or criminal acts with aggregate amount
or total value of at least P50,000,000.00: 4. For non-public officers their liability will depend on their degree of participation
and the attendance of mitigating and aggravating circumstances
(a) through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public 5. Rule of Evidence. For purposes of establishing the crime of plunder, it shall not be
treasury; necessary to prove each and every criminal act done by the accused in furtherance of
(b) by receiving, directly or indirectly, any commission, the scheme or conspiracy to amass, accumulate or acquire ill-gotten wealth, it being
gift, share, percentage, kickback or any other form sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts
of pecuniary benefits from any person and/or entity indicative of the overall unlawful scheme or conspiracy.
in connection with any government contract or
project or by reason of the office or position of the
public officer;
(c) by the illegal or fraudulent conveyance or
disposition of assets belonging to the National
Government or any of its subdivisions, agencies or
instrumentalities of Government owned or
controlled corporations or their subsidiaries;
(d) by obtaining, receiving or accepting directly or
indirectly any shares of stock, equity or any other
form of interest or participation including the
promise of future employment in any business
11. Frauds vs Public Fraud under Paragraph 1: punishes any public officer It does not matter that the government was not damaged as mere intent to defraud
Treasury who in his official capacity enters into an agreement or consummates the crime.
scheme to defraud the government.
Frauds vs Public Treasury The officer must have the duty to deal with any person with regard to furnishing
and Illegal Extraction The POE must have official capacity, otherwise, estafa supplies, the making of contracts, or adjustment or settlements of accounts relating to
thru deceit. public property or funds. Example: Chief, BFO
Illegal Exaction under Paragraph 2 There is no need for misappropriation of funds or intent to defraud because the
The offender is limited to those public officers essence of the crime is the improper or irregular manner of the collection.
entrusted with the collection of taxes, licenses fees Example: Cashiers of LTO
and other imposts. He is thus an accountable public
officer. If otherwise, the crime would be estafa.
a). Demanding the payment of sums (i). Here mere demand is sufficient even if the payer refused to come across. If he pockets the excess
different from or larger than those he commits estafa through illegal exaction
authorized by law.
(ii). Suppose the payor allows him to keep the change and the officer did not turn it over to the
government, he commits malversation. It is to the government that the change must go as an
accretion of the amount due ( Principle of Accretion) .
(iii). Suppose the officer demands P1,000.00 when the amount due is only P700.00. He spent the
entire P1,000.00. He is guilty of illegal exaction (for demanding a different amount) Estafa for
spending the excess of P300.00 and malversation as to the amount of P7000.00 which is government
funds
b). Failing to voluntarily issue an official
The crime is committed if what are issued are only provisional receipt
receipt for the money collected.
c). Collecting or receiving by way of
payment or otherwise, things or objects
of a nature different from that provided
by law.
12. Other Frauds POE who takes advantage of his public position to commit: estafa; other forms of swindling; swindling a minor; and other deceits.
13. Prohibited 1. Appointive POE Appointive Echange or speculation such as buying and He may buy and sell stocks but he
Transactions 2. Becomes interested in any transaction POE selling stofks, etc wherein he hopes to take must not devote himself to commerce
or exchange or speculation advantage of an expected rise or fall in price
3. W/in territorial juris
4. During his incumbency
14. Possession of Who are liable: Actual fraud not necessary
Prohibited Interest by - POE who have to intervene in contracts or businesses
PO - Experts, arbitrators, accountants who took part in appraisal, distribution or adjudication
- Guardians and executors with respect to the property of the ward/estate
15. Malversation of Public Acts Punishable POE who If property not received in official capacity, In malversation not thru
Funds or Property 1. Appropriating public funds or receive govt estafa negligence, GF is a defense.
property property in
2. Taking/Misappropriating them official If private property, estafa/qualified theft GF is not a defense in malv thru
3. Consenting, or thru capacity ASTCMB negligence.
abandonment or negligence,
allows others to take such Private Test of Negligence: DOAGFOAF Return of malversed property is
4. Otherwise guilty of individuals Demand is not necessary because it merely only mitigating
misappropriation or in raises a prima facie presumption that the
malversation of public property conspiracy missing funds have been put to private use.
Common Elements with POE
1. POE Prima Facie Test of Malversation: upon
2. Has custody/control of Private demand by any duly authorized officer
funds/property because of individuals conducting audit, he cannot account for the