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Art 114: Treason – a breach of allegiance to a government, committed by a person who owes allegiance to it.
Elements of Treason:
1. That the offender is a Filipino citizen or an alien residing in the Philippines;
2. That there is a war in which the Philippines is involved;
3. That the offender either (a) levies war against the government, or (b) adheres to the enemies, giving them aid
and comfort.
By levying war against the government By adhering to the enemies of the Philippines,
(levying of war must be in collaboration with a foreign giving them aid or comfort (adherence alone, without
enemy) giving the enemy aid or comfort, does not constitute
treason, and vice versa)
OVERT: actual assembling of men OVERT: any deed or physical activity which strengthens or
tends to strengthen the enemy in the conduct of war;
render assistance to the enemies as enemies, in
furtherance of their hostile design
(e.g. being a Makapili is an overt act of giving the enemy
aid or comfort)
INTENT: executing a treasonable design by force INTENT: betray the traitor’s country
(i.e. deliver the country, whole or in part to the enemy) (i.e. deliver the country, whole or in part to the enemy)
Two-witness rule:
– required to prove the overt act of giving comfort
– each of the witnesses must testify to the whole overt act; if the overt act is separable, there must be two
witnesses to each part of the overt act
– not affected by discrepancies in minor details of the testimony
Art 116: Misprision of Treason – concealing or not disclosing knowledge of any conspiracy to commit treason
Art 117: Espionage – offense of gathering, transmitting, or losing information respecting the national defense with
the intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or to
the advantage of any foreign nation
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Art 122: Piracy – robbery or forcible depredation on the high seas, without lawful authority and done with animo
furandi and in the spirit and intention of universal hostility
Art 122: Mutiny – unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a
ship against the authority of its commander
Elements of Piracy:
1. That the vessel is on the high seas or in Philippine waters;
2. That the offenders are not members of its complement or passengers of the vessel;
3. That the offenders (a) attack or seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers
*Mutiny is also punished under the same title; but it is usually committed by the members of the complement and may
be committed by the passengers
Art 123: Qualified Piracy – piracy accompanied by the any of following circumstances:
1. Whenever they have seized a vessel by boarding or firing upon the same
2. Whenever the pirates have abandoned their victims without means of saving themselves;
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape
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Unlawful acts:
1. Compel a change in course or destination of an aircraft or RP registry or to seize/usurp control while in flight
2. Compel an aircraft of foreign registry to land in the RP or to usurp control while in this territory
3. Carry or load into a passenger aircraft operating as public utility within RP , any explosive, flammable,
corrosive or poisonous substance or material
Qualifying circumstances:
1. Offender has fired upon the pilot, member of crew, or passenger
2. Offender has exploded or (attempted to) any bomb or explosive to destroy the aircraft
3. Whenever crime is accompanied by murder, homicide, serious physical injuries, or rape
Rule 113: Arrest – taking of a person into custody in order that he may be bound to answer for the commission of an
offense
General Rule: Arrests should be made with a warrant, except for circumstances mentioned in Rule 113 for arrests
without warrant
Art 124: Arbitrary Detention – detention without legal grounds or a person by a public officer or employee
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Art 125: Delay in the delivery of detained persons to the proper judicial authorities:
Elements:
1. That the offender is a public authority
2. That he has detained a person for some legal ground
3. That he fails to deliver such person to the proper judicial authorities within:
a. 12 hours for crimes punishable by light penalties, or their equivalent
b. 18 hours, for crimes or offenses punishable by correctional penalties, or their equivalent
c. 36 hours, for crimes or offenses punishable by afflictive or capital penalties
Delivery – making an accusation or charge or filing of an information against the person arrested with the
corresponding court or judge, whereby the latter acquires jurisdiction to issue an order of release or of commitment of
the prisoner
RA 7438: Act Defining Certain Rights of Persons Arrested, Detained, or Under Custodial Investigation
Acts punishable:
1. By entering any dwelling against the will of the owner thereof
2. By searching papers or other effects found therein without the previous consent of such owner
3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been
asked to leave the same
Against the will of the owner vs. without the owner’s consent:
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– the act of entering against the will of the owner presupposes opposition or prohibition by the said owner,
whether express or implied
– entering without the owner’s consent is the same having surreptitiously entered the dwelling, which does not
constitute an offense unless the public officer/employee refuses to leave when required by the owner to do so
General Rule: Searches and seizures should be made with a search warrant
Properties to be seized:
1. subject of the offense
2. stolen or embezzled and other records or fruits of the offense
3. used or intended to be used as the means of committing the offense
Requisites:
1. probable cause in connection with one specific offense
2. particular description of the place to be searched & things to be seized
Other rules:
1. Judge must personally examine in the form of searching questions answers in writing under oath the
complainants and witnesses before issuing a warrant
2. If the judge is satisfied, he shall issue the warrant
3. If the officer is refused admittance to the place, he may break the door or window to effect search
4. No search shall be made except in the presence of lawful occupant or any member of the family or 2 witnesses
of sufficient age and discretion residing in the same locality
5. Search warrant is valid for 10 days upon issuance
6. Officer seizing must give a detailed receipt to the lawful occupant or leave it in the place
Art 133: Offending Religious Feelings – committed when a person performs acts directed against religious practice
or dogma or ritual for the purpose of ridicule, as mocking or scoffing at or attempting to damage an object or religious
veneration in a place devoted for religious worship or religious ceremonies
Religious ceremonies – religious acts preformed outside of a church, such as processions and special prayers for
burying dead persons
Prevailing doctrines:
In determining probable cause (which determines WON case merits a trial): Whether or not the act
complained of is offensive to the religious feelings is a question of fact which must be judged only according to the
feelings of the members of the religion (People vs. Baes)
In determining conviction: An offense to religious feelings should not be made to depend upon the conception of
any religion but should be gauged by the nature of the act committed (People vs. Tengson)
Elements:
1. That there be
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Elements:
1. That the offender is a person or persons belonging to military or police or holding any public office
employment
2. That it is committed by means a swift attack accompanied by violence, intimidation, threat, strategy or stealth
3. That the attack is against duly constituted authorities of RP, or any military camp or installation,
communication networks, public utilities or other facilities needed for the exercise and continued possession of
power
4. That the purpose of the attack is to seize or diminish state power
Elements:
1. That the offender rise (1) publicly and (2) tumultuously
2. That they employ force, intimidation, or other means outside of legal methods
3. That the offenders employ any of those means to attain any of the following objects:
a. To prevent promulgation or execution of any law or the holding of any popular election
b. To prevent the National Government, or any provincial or municipal government, or any public officer
thereof from freely exercising its of his functions, or prevent the execution of any administrative order
c. To inflict any act of hate or revenge upon the person or property of any public officer or employee
d. To commit, for any political or social end, any act of hate or revenge against private persons or any social
class
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e. To despoil, for any political or social end, any person, municipality or province, or the Nat Gov’t of all its
property or any part thereof
Acts punished:
1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches,
proclamations, writings, emblems, etc
2. Uttering seditious words or speeches which tend to disturb the public peace
3. Writing, publishing, or circulating scurrilous libels against the Government or any of the duly constituted
authorities thereof, which tend to disturb the public peace (non-direct incitement)
Additional element: That the offender does not take part in the crime of sedition
* It is not necessary that the words used should in fact result in a rising of the people against constituted authorities. It
is enough that the utterances endanger public order
When seditious words or speeches and writing, publishing or circulating scurrilous libels are punishable:
1. They tend to disturb or obstruct any lawful officer in executing functions of his office
2. They tend to instigate others to cabal and meet together for unlawful purposes
3. They suggest or incite rebellious conspiracies of riots
4. They lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community,
the safety and order of the government
Acts punished:
1. By using force, intimidation, threats, or frauds to prevent any member of the national assembly from (1)
attending the meetings of the Assembly or of any of its committees or subcommittees, constitutional
commissions or committees or divisions thereof, or from (2) expressing his opinions, or (3) casting his vote
Note: Offender can be any person; actual prevention is not required as long as the purpose is to do so
2. By arresting or searching any member thereof while the National Assembly is in regular or special session,
except in case such member has committed a crime punishable under the Code by a penalty higher than
prision mayor (6 yrs to 12 yrs)
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– Thus, under the Constitution, members of the congress is not immune if their offense is punishable by prision
mayor while under the RPC, they are still immune on such circumstance
– This issue renders the RPC provision ineffective
*intimidation or resistance must be serious whether the offended party is a person in authority or his agent
*force employed against agents of persons in authority must be serious (dangerous to civil society) while the force
employed against persons in authority need not be serious
*person in self defense is not liable for direct assault except when he challenged the person in authority or his agents
in a fight, in which case he is still liable even if the other party agrees to fight
* slight physical injury is absorbed
Qualifying circumstances:
1. when the assault is committed with a weapon
2. when the offender is a public officer or employee
3. when the offender lays hands upon a person in authority
Persons in authority – any person with the power or authority to govern and execute laws, whether as an individual
or as a member of some court or governmental corporation, board, or commission (e.g. division of superintendent of
schools, president or sanitary division, teachers, mayors, barangay captains)
Agents of persons in authority – one who, by direct provision of law or by election or by appointment by competent
authority, is charged with the maintenance of public order and the protection and security of life and property (e.g.
policemen, municipal treasurer, postmaster, rural policemen, sheriff, agents of BIR, Malacañang confidential agent)
Elements:
1. That a person in authority or his agent is the victim of any of the forms of direct assault defined under Art 148
2. That a person comes to the aid of such authority or his agent
3. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his
agent
Elements:
1. That there is a person confined in a jail or penal establishment
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2. That the offender removes therefrom such person, or helps the escape of such person
Prisoners covered:
1. detention prisoner
2. prisoner by final judgment
Elements:
1. That the offender is a convict by final judgment
2. That he is serving a sentence which consists of deprivation of liberty
3. That he evades the service of his sentence by escaping during the term of his sentence
Qualifying circumstances:
1. By means of unlawful entry
2. By breaking doors, windows, gates, walls, roofs, or floors
3. By using picklocks, false keys, disguise, deceit, violence, or intimidation
4. Though connivance with other convicts or employees of the penal institutions
Elements:
1. That the offender is a convict by final judgment, who is confined in a penal institution
2. That there is disorder resulting from conflagration, earthquake, explosion, similar catastrophe, or mutiny (in
which the prisoner did not participate)
3. That the offender evades the service of his sentence by leaving the penal institution where he is confined, on
the occasion of such disorder or during the mutiny
4. That the offender fails to give himself up to the authorities within 48 hrs following the issuance of a
proclamation by the Chief Executive announcing the passing away of such calamity
Art 159: Other Causes of Evasion of Service of Sentence (violation of conditional pardon)
Elements:
1. That the offender was a convict
2. That he was granted a conditional pardon by the Chief Executive
3. That he violated any of the conditions of such pardon
* When the condition is that the offender should not again commit another crime, the offender must be found guilty
before he can be prosecuted under Art 159
* Notwithstanding this provision, the offender can be re-incarcerated even without trial under Sec 64(i) of the Revised
Administrative Code which gives power to the President to authorize arrest and re-incarceration on the basis of his own
judgment (only for those given pardon)
Art 160: Commission of Another Crime During Service of Penalty for Another Previous Offense (quasi
recidivism)
Quasi-Recidivism – special aggravating circumstance where a person, having been convicted by final judgment, shall
commit a new felony before beginning to serve such sentence or while serving the same. He shall be punished by the
maximum period of the penalty prescribed by law for the new penalty
Elements of Quasi-recidivism:
1. That the offender was already convicted by final judgment of one offense
2. That he committed a new felony before beginning to serve such sentence or while serving the same
Other Rules:
1. Second crime must be a felony (i.e. punished under RPC), but the first crime need not be a felony
2. The new offense need not be different form the first one committed unless the first one is not a felony
3. It does not require that both offenses are under the same title under the RPC (this is only required in
recidivism, where the second crime must be committed after the service of sentence of the first)
4. If the second crime is committed after the service of the first and the 2 crimes are not under 1 title of the PRC,
the circumstance is reiteracion
5. Quasi-recidivism cannot be offset by any ordinary mitigating circumstance
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6. A quasi-recidivist may be pardoned when he reaches 70 yes old and he has already served out his original
sentence provided that he is not a habitual criminal
Crimes of Forging:
1. Forging the seal of the Government, signature or stamp of the Chief Executive (Art 161)
Making:
a. Forging the Great Seal of the Government of the Philippines
b. Forging the signature of the president
c. Forging the stamp of the President
4. Forging treasury or bank notes or other documents payable to bearer (Art 166)
(forging – giving to e treasury or bank note or any instruments payable to bearer the appearance of a true and
genuine document)
(falsification – erasing, substituting, counterfeiting, or altering by any means, the figures, letters, words, or
signs contained therein)
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Elements:
1. That there be a bill, resolution, or ordinance enacted or approved or pending approval by either House of
Legislature or any provincial board or municipal board
2. That the offender alters the same
3. That he has no proper authority therefor
4. That the alteration has changed the meaning of the document
Elements:
1. That the offender is a public officer, employee, or notary public
2. That he takes advantage of his official position
3. That he falsifies a document by committing any of the following acts:
a. Counterfeiting or imitating any handwriting, signature or rubric
(1) counterfeiting by imitating
(2) feigning/simulating a signature which does not exist
b. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so
participate
c. Attributing to persons who have participated in an act or proceeding statements other than those in fact
made by them
d. Making untruthful statements in a narration of facts
(1) That the offender makes in a document a narration of facts
(2) That he has a legal obligation to disclose the truth of the facts
(3) That the facts narrated are absolutely false (no colorable truth)
(4) That the perversion of truth in the narration or facts was made with wrongful intent of injuring a third
person (not required when document falsified is a public document)
e. Altering true dates
f. Making any alteration or intercalation in a genuine document which changes its meaning (material matter)
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g. Issuing in authenticated form a document purporting to be a copy of an original document when no such
original exists, or including in such copy a statement contrary to, or different from, that of the genuine
original
h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official book
4. In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record
or document of such character that its falsification may affect the civil status of persons
Acts punished:
1. Falsification of public, official or commercial document by a private individual
Elements:
1. That the offender is a private individual or a public officer or employee who did not take advantage of his
official position
2. That he committed any of the acts of falsification enumerated in Art 171
3. That the falsification was committed in a public or official or commercial document
Elements:
1. That there be a criminal proceeding
2. That the offender testified falsely under oath against the defendant therein
3. That the offender who gives false testimony knows that it is false
4. That the defendant against whom the false testimony is given is either acquitted or convicted in a final
judgment
Elements:
1. That there be a criminal proceeding
2. That the offender testified falsely under oath against the defendant therein
3. That the offender who gives false testimony knows that it is false
Elements:
1. That the testimony must be given in a civil case
2. That the testimony must relate to the issuance presented in the said case
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* Giving false testimonies is punishable in any proceeding regardless of the outcome of such proceeding; the outcome
will only affect the penalty to be given
* False testimony given in a special proceeding (e.g. habeas corpus) falls under Art 183
Art 183: False Testimony in Other Causes and Perjury in Solemn Affirmation (perjury)
Elements of perjury:
1. That the accused made a statement under oath or executed an affidavit upon a material matter
2. That the statement or affidavit was made before a competent officer, authorized to receive and administer
oath
3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood
4. That the sworn statement or affidavit containing the falsity is required by law
Acts punishable:
1. By soliciting any gift or promise as a consideration for refraining from taking part in any public auctions
Elements:
1. That there be a public auction
2. That the accused solicited any gift or promise from any of the bidders
3. That such gift or promise was the consideration for his refraining from taking part in the public auction
4. That the accused has the intent to cause the reduction of the price of the thing auctioned
2. By attempting to cause bidders to stay away from an auction by threats, gifts, promises or any other artifice
Elements:
1. That there be a public auction
2. That the accused attempted to cause the bidders to stay away from that public auction
3. That it was done by threats, gifts, promises or any other artifice
4. That the accused has the intent to cause the reduction of the price of the thing auctioned
BASIC FRAMEWORK:
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Penalties:
1. Pushers: 1st offense – jail
2. Users: 1st offense – rehab, 2nd offense – jail
3. Elective local or national official – removed from office and perpetual disqualification from public office
(elective and appointive)
a. Benefited from the proceeds of the trafficking of DD
b. Received any financial or material contributions or donations
ADMINISTRATIVE FRAMEWORK:
Dangerous Drug Board – policy-making and strategy-formulating body; decides on adding/deleting substances from
the current list of dangerous drugs and precursors
Philippine Drug Enforcement Agency – implementing arm of the DDB responsible for the efficient and effective law
enforcement of all the provisions of the Act; takes custody of all items confiscated
Department of Health – in charged for accreditation of drug testing laboratories and issuance of special prescription
paper for practitioners who use DD
DepEd, CHED, TESDA – cause the development, publication, and distribution of info an support educational materials
DILG, NYC, DSWD – establish in each of its provincial office a special drug education center of out of school youth
DSWD – in charged of accreditation of civil organization under which a drug dependent discharged shall undergo
community service
DRUG TESTING:
Mandatory:
1. Applicants for driver’s license
2. Applicants for firearm’s license and for permit to carry firearms outside residence
3. Officers and members of the military, police, and other law enforcement agencies
4. Persons charged before the prosecutor’s office with a criminal offense having an imposable penalty of
imprisonment of not less than 6 yrs and 1 day
5. All candidates for public office whether appointed or elected both in the national or local government
Random:
1. Students of secondary and tertiary schools – expenses for both public and private born by the government
2. Officers and employees of or public and private offices – ground for termination
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Art 195: Gambling – any game or scheme, whether upon chance of skill, wherein wagers consisting of money,
articles or value or representative of value are at stake or made
Games exempted when exclusively intended for parlor games or home entertainment (LOI 816):
1. Domino
2. Bingo
3. Poker (When not played with Five cards Stud)
4. Cuajo
5. Pangguingue
6. Mahjong
Elements:
1. That the offender performs an act or acts
2. That such act or acts be highly scandalous or offending against decency or good customs
3. That the highly scandalous conduct is not expressly falling within any other article of this code
4. That the act or acts complained of be committed in a public place or within the public knowledge or view
Art 201: Immoral Doctrines, Obscene Publications and Exhibitions, and Indecent Shows
Acts punished:
1. Publicly expound or proclaim doctrines openly contrary to public morals
2. Writing, publishing, and selling obscene literatures
3. Exhibiting indecent or immoral plays, scenes, acts, or shows
4. Selling, giving away, or exhibiting films, prints, engravings, sculptures, or literature which are offensive to
morals
Moral – conformity with the generally accepted standards or goodness or rightness in conduct or character,
sometimes, specifically to sexual conduct
Test of Obscenity:
Kottinger doctrine: Whether the tendency of the matter charged as obscene, is to deprave or corrupt those
whose minds are open to such immoral influences, and into whose hands such a publication may fall and also whether
or not such publication or act shocks the ordinary and common sense of men as indecency
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Exception: Minors
Misfeasance – improper performance of some act which might be lawfully done (Art 204, 205, 206, 207)
Malfeasance – performance of some act which ought not to be done (Art 210 and Art 211)
Nonfeasance – omission of some act which ought to be performed (Art 208)
Elements:
1. That the offender be a public officer within the scope or Art 203
2. That the offender accepts an offer or a promise or receives a gift or present by himself or through another
3. That such offer or promise be accepted, or gift or present received by the public officer
a. with a view to committing some crime
b. in consideration of the execution of an act which does not constitute a crime, but the act must be unjust
c. to refrain from doing something which it is his official duty to do
4. That the act which the offender agrees to perform or which he executes be connected with the performance of
his official duties
Elements:
1. That the offender is a public officer
2. That he accepts gifts
3. That the said gifts are offered by reason of his public office
Elements:
That the offender makes offers or promises or gives gifts or presents to a public officer
That the offers or promises are made or the gifts or presents given to a public officer, under circumstances that will
make the public officer liable for direct bribery or indirect bribery
* the law punishes the giver and the public official who receives the gift
Acts punished:
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1. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and
regulations duly promulgated by competent authority or an offense in connection with the official duties of the
latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense
2. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for
any other person, in connection with any contract or transaction between the Government and any other part,
wherein the public officer in his official capacity has to intervene under the law
3. Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself
or for another, from any person for whom the public officer, in any manner or capacity, has secured or
obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to
be given, without prejudice to Section thirteen of this Act
4. Accepting or having any member of his family accept employment in a private enterprise which has pending
official business with him during the pendency thereof or within one year after its termination
5. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his official administrative or judicial functions through
manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and
employees of offices or government corporations charged with the grant of licenses or permits or other
concessions
6. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable
time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his
own interest or giving undue advantage in favor of or discriminating against any other interested party
7. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby
8. Director or indirectly having financing or pecuniary interest in any business, contract or transaction in
connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest
9. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or
act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion
in such approval, even if he votes against the same or does not participate in the action of the board,
committee, panel or group
10. Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for
or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of
one who is not so qualified or entitled
11. Divulging valuable information of a confidential character, acquired by his office or by him on account of his
official position to unauthorized persons, or releasing such information in advance of its authorized release
date
RA 6713 Code of Conduct and Ethical Standards for Public Officials and Employees
Acts punished:
1. financial and material interest – public officials and employees shat not, directly or indirectly, have any
financial or material interest in any transaction requiring the approval of their office
2. outside employment and other activities related thereto until 1 yr after resignation/retirement such as:
a. own, control, manage, or accept employment as officer, employee, consultant, counsel, broker, agent,
trustee or nominee in any private enterprise regulated, supervised, or licensed by their office unless
allowed by law
b. engage in the private practice of their profession unless authorized by the Constitution or law, provided,
that such practice will not conflict or tend to conflict with their official functions (exception to 1 yr rule
unless in connection with matter in which he public officer intervened)
3. disclosure and/or misuse of confidential information – public officials and employees shall not use or divulge
confidential or classified information officially known to them by reason of their office and nor made available
to the public for the following purpose:
a. to further their private interests, or give undue advantage to anyone
b. to prejudice public interest
4. solicitation of acceptance of gifts – public officials and employees shall not solicit or accept directly or
indirectly any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the
course of their official duties or in connection with any operation being regulated by, or any transaction which
may be affected by the functions of their office
Divestment:
– When a conflict of interest arises, the public officer must:
1. resign from his position in any private business enterprise within 30 days from his assumption of office and/or
2. divest himself of his shareholdings or interests within 60 days from such assumption
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2. by receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of
pecuniary benefit from any person and/or entity in connection with any government contract or project or by
reason of the office or position of the public officer concerned
3. by the illegal or fraudulent conveyance or disposition of assets belonging to the Natl Govt or any of its
subdivisions, agencies or instrumentalities or GOCCs and their subsidiaries
4. by obtaining, receiving, or accepting directly or indirectly any shares of stock, equity, or any other form of
interest or participation including promise of future employment in any business enterprise pr undertaking
5. by establishing agricultural, industrial, or commercial monopolies or other combinations and/or
implementations of decrees and orders intended to benefit particular persons or special interests
6. by taking undue advantage of official position, authority, relationship, connection or influence to unjustly
enrich himself or themselves at the expenses and to the damage and prejudice of the Filipino people and the
republic
RA 1379: Forfeiture Law (An act declaring forfeiture in favor of the State any property found to have
been unlawfully acquired by any public officer or employee and providing proceedings therefore)
Other legitimately acquired property - any real or personal property, money or securities which the respondent
has at any time acquired by inheritance and the income thereof, or by gift inter vivos before his becoming a public
officer or employee, or any property (or income thereof) already pertaining to him when he qualified for public office or
employment, or the fruits and income of the exclusive property of the respondent’s spouse
Test if ill-gotten wealth: WON manifestly out of proportion to salary as public officer or employee and to his other
lawful income
– gives rise to a prima facie presumption of unlawful acquisition
– this presumption may be overcome by explanation to the satisfaction of the court
Basic concept:
– For malversation to be established, prosecution needs to prove that the accused is a public officer entrusted with
a public fund or property and at the time the officer is asked to produce the fund/property, he was not able to do
so; it doesn’t matter if the officer did not gain from it as long as the fund was spent not for its purpose)
Possible exception:
– having misplaced the money at the time it was asked, but it was not spent
Elements:
1. That the offender be a public officer
2. That he had the custody or control of funds or property by reason of the duties of his power
3. That those funds were public funds or property for which he was accountable
4. That he appropriated, took, misappropriated, or consented or through abandonment or negligence, permitted
another person to take them
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Elements:
1. That the offender is a public officer
2. That he has in his custody or charge, a prisoner, either detention prisoner or prisoner by final judgment
3. That such prisoner escaped from his custody
4. That he was in connivance with the prisoner in the latter’s escape
Elements:
1. That the offender is a public officer
2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final
judgment
3. That such prisoner escapes through his negligence
Elements:
1. That the offender is a public officer or employee
2. That he has under his charge a prisoner or detention prisoner
3. That he maltreats such prisoner in either of the following manners:
a. By overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge
either:
(1) by the imposition of punishments not authorized by the regulations
(2) by inflicting such punishments (those authorized) in a cruel and humiliating manner
b. By maltreating such prisoner to extort a confession or to obtain some information from the prisoner
Elements:
1. That the offender is a public officer
2. That he solicits or makes immoral or indecent advances to a woman
3. That such woman must be:
a. Interested in matters pending before the offender for decision, or with respect to which he is required to
submit a report to or consult with a superior officer
b. Under the custody of the offender who is a warden or other public officer directly charged with the care
and custody of prisoners or persons under arrest
c. The wife, daughter, sister, or relative within the same degree by affinity of the person in the custody of the
offender
Solicit – propose earnestly and persistently something unchaste and immoral to a woman
• Note the basic framework and difference in circumstances governing crimes involving the killing of persons.
MURDER: same; involves the manner in which the crime was committed
Elements:
1. person was killed
2. killed by the accused
3. killing was attended by any of the following qualifying circumstances:
a. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford impunity.
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• Understand fully the rules under Article 247, as elucidated upon by jurisprudence.
People vs. Abarca: Though one hour had passed between the time the act of sexual intercourse was discovered
and the time of the shooting, the killing must be understood to be a continuation of the pursuit of the accused.
RPC only requires that the death be the proximate result of the outrage overwhelming the accused after
chancing upon his spouse. As to the injury caused by the shooting: because there is no felony to speak of, the
injury was only due to negligence.
What is the nature of Article 247?
– Art. 247 does not define and penalize a felony; the accused is only sentenced to destierro.
– The act is in fact seen as a lawful act. [Barry]
INFANTICIDE
Elements:
1. child was killed
2. deceased child was less than three days of age
3. accused killed said child
INTENTIONAL ABORTION
Elements:
1. there is a pregnant woman
2. violence is exerted, or drugs or beverages administered or that the accused otherwise acts upon such
pregnant woman [with or without consent of the woman]
3. as a result, the fetus dies, either in the womb or after having been expelled therefrom
4. the abortion is intended
UNINTENTIONAL ABORTION
Elements:
1. there is a pregnant woman
2. violence is used upon such pregnant woman without intending an abortion
3. violence is intentionally exerted
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4. as a result, fetus dies, either in the womb or after having been expelled therefrom
DISTINCTION: in infanticide, child can sustain an independent life after separation from the mother’s womb;
in abortion, fetus cannot
MUTILATION
Two kinds:
1. intentionally mutilating another by depriving him, either totally or partially, of some essential organ for
reproduction
2. intentionally making other mutilation, that is, by lopping or clipping off any part of the body of the offended
party, other than the essential organ for reproduction, to deprive him of that part of his body [mayhem]
Elements of mutilation:
1. castration – mutilation of organs necessary for generation – penis or ovarium
2. mutilation is caused purposely and deliberately, that is, to deprive the offended party of some essential organ
for reproduction
DISTINCTION: intention to actually clip off a part of the body to deprive the person of that part; no requisite of such
intention in physical injuries
• Familiarize yourself thoroughly with the framework governing the different classes of physical injuries.
Serious physical injuries Less serious physical injuries Slight physical injuries
wounding, beating, assaulting, injuries not serious incapacity or medical attendance
administering injurious substance from 1 day to 9 days
incapacity more than 30 days incapacity or medical attendance at physical injuries with no incapacity
least 10 days but not more than 30 nor medical attendance
days
medical attendance not important ill-treatment of another by deed
without causing any injury
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3. Rape is committed in full view of the spouse, parent, any of the children or other relatives within
the third civil degree of consanguinity
4. Victim is a religious engaged in legitimate religious vocation or calling and is personally known to
be such by the offender before or at the time of the commission
5. Offender knows that he as afflicted with AIDS or any other STD, and the virus or disease is
transmitted to the victim
6. Offender is any member of the AFP or para-military units thereof or the PNP or any law
enforcement agency or penal institution, when the offender took advantage of his position to
facilitate the commission of the crime
7. By reason or on occasion of the rape, victim suffered permanent physical mutilation or disability
8. Offender knew the pregnancy of the offended party at the time of the commission
9. Offender knew of the mental disability, emotional disorder and/or physical handicap of the victim
at the time of the commission
• Understand when rape is deemed consummated, based on the doctrines laid down in jurisprudence.
Illegal detention, as defined and punished in the Code, may consist not only in placing a person in an enclosure but
also in detaining him or depriving him in any manner of his liberty.
• When can kidnapping be appreciated separately from homicide/murder of the person detained?
People vs. Ramos Where the person kidnapped is killed in the course of the detention, regardless of whether the
killing was purposely sought or was merely an afterthought, the kidnapping and murder or homicide can no longer be
complexed under Art. 48, nor be treated as separate crimes, but shall be punished as a special complex crime under
the last paragraph of Art. 267, as amended by R.A. 7659.
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Acts punishable under Art. 275 [Abandonment of persons in danger, abandonment of one’s own victim]
1. By failing to render assistance to any person whom the offender finds in an uninhabited place wounded or in
danger of dying when he can render such assistance without detriment to himself, unless such omission shall
constitute a more serious offense.
a. place is not inhabited
b. accused found there a person wounded or in danger of dying
c. accused can render assistance without detriment to himself
d. accused fails to render assistance
2. By failing to help or render assistance to another whom the offender has accidentally wounded or injured.
3. By failing to deliver a child, under seven years of age whom the offender has found abandoned, to the
authorities or to his family, or by failing to take him to a safe place.
• Distinguish between the different classes of threat and coercion. Note the specific types of threat and coercion.
GRAVE THREATS
Acts punishable as grave threats:
1. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong
amounting to a crime and demanding money or imposing any other condition, even though not unlawful, and
the offender attained his purpose.
Elements:
1. the offender threatens another person with the infliction upon the latter’s person, honor or property, or
upon that of the latter’s family, of any wrong
2. that such wrongs amounts to a crime
3. there is a demand for money or that any other condition is imposed, even thought not unlawful
4. offender attains his purpose
3.By threatening another with the infliction upon his person, honor or property o that of his family any wrong
amounting to a crime, the threat not being subject to a condition.
Elements:
1. offender threatens another person with the infliction upon the latter’s person, honor or property, or
upon that of the latter’s family, of any wrong.
2. such wrong amounts to a crime
3. threat is not subject to a condition
LIGHT THREATS
Elements:
1. offender makes a threat to commit a wrong
2. the wrong does not constitute a crime
3. there is a demand for money or that other condition is imposed, even thought not unlawful
4. offender has attained his purpose or, that he has not attained his purpose
GRAVE COERCIONS
Elements:
1. a person prevented another from doing something not prohibited by law, or that he compelled him to do
something against his will, be it right or wrong
2. the prevention or compulsion be effected by violence, threats or intimidation
3. the person that restrained the will and liberty of another had not the authority of law or the right to do so, or,
in other words, that the restraint shall not be made under authority of law or in the exercise of any lawful right.
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LIGHT COERCIONS
Elements:
1. offender must be a creditor
2. he seizes anything belonging to his debtor
3. the seizure of the thing is accomplished by means of violence or a display of material force producing
intimidation
4. the purpose of the offender is to apply the same to the payment of the debt
DISTINCTION BETWEEN THREAT AND COERCION: Sir: “If the actual intention is to compel or prevent, coercion. If
not, threat.”
UNJUST VEXATION includes any human conduct which, although not productive of some physical or material harm
would, however, unjustly annoy or vex an innocent person [offender’s act causes annoyance, irritation, vexation,
torment, distress or disturbance to the mind of the person to whom it is directed]
– Light coercion under the first paragraph will be unjust vexation of the third element (employing violence or
intimidation) is absent.
– Where the 1st and 3rd elements of grave coercion are present, but the 2nd is lacking, the crime is unjust
vexation.
• Familiarize yourself thoroughly with the rules governing robbery with homicide, rape and physical injuries.
• Know the rules on robbery in band and robbery committed through the use of an unlicensed firearms.
• Relate highway robbery with brigandage under the RPC. How has the court construed these crimes?
• Familiarize yourself thoroughly with the different modes by which estafa may be committed.
• Understand the prevailing framework on arson. How does it relate to other crimes?
• What are the elements of malicious mischief? What are its special forms?
ADULTERY
Elements:
1. Offender must be a woman
2. She is presently married (WON voided later on)
3. She must have sex with a man
4. The man must not be her husband
5. The man must know that the woman is married (if the man did not know, only the woman is guilty of adultery;
else both are)
CONCUBINAGE
1st mode - Elements:
1. Offender must be a man
2. He is presently married
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3. He keeps a mistress
4. In the conjugal dwelling (ingat kay Inday hahaha)
5. The woman must know that he is married prior to boinking him (if she did not know, only the man can be guilty
of adultery; else, both are)
ADULTERY CONCUBINAGE
PRINCIPAL Woman Man
ACTS PUNISHED Sexual intercourse Cohabitation (Mode 1
and 3)
Scandal (Mode 2); if the
affair was discreet and
not scandalous,
concubinage can’t be
appreciated
APPRECIATING Each carnal Several intercourse will
NUMBER OF knowledge is one constitute one count of
COUNTS count of adultery concubinage (i.e.
cohabitation)
ACTS OF LASCIVIOUSNESS
Elements:
1. Offender can be of either gender
2. Victim can be of either gender
3. Offender commits any act of lasciviousness or lewdness
• Act must be with lustful intent or purpose
4. Either of the following circumstances
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RAPE
1st mode – Elements:
1. Offender is a man
2. Victim is a woman
3. Offender has carnal knowledge of woman
4. Act was accomplished under these circumstances
a. By the use of force or intimidation
b. Woman is deprived of reason or is otherwise unconscious
c. By the use of fraudulent machination or grave abuse of authority
d. When woman is under 12
e. When woman is demented
RAPE ACTS OF
LASCIVIOUSNESS
PRINCIPAL General rule: Principal is a Of any gender
man
Exception: Mode 2, any
gender
APPRECIATION Penetration, even partial, of No penetration needed to
penis or of instrument or appreciate, only acts with
object is necessary lewd intent
• Understand the rules on seduction. Distinguish between qualified seduction and simple seduction.
SEDUCTION - Enticing a woman to unlawful sexual intercourse by persuasion without the use of force
QUALIFIED SEDUCTION
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• US vs. Casten – girl had sex with a man, still a virgin under the law
• US vs. Suan – girl had sex with men, no longer a virgin under the law
• It seems that the law looks at “chasteness vs. looseness” when determining virginity
• Also, among the cases, “virgin” is equated to “young woman”; not sure if a young man can be the
victim in qualified seduction, mode 1
2. Offended party must be over 12 and under 18
3. Offender has had sex with offended party
4. There was abuse of authority, confidence or relationship on the part of the offender; consent of the girl is not a
defense
• Familiarize yourself thoroughly with the framework on abduction. Distinguish between forcible
abduction and consented abduction. When can forcible abduction be appreciated distinctly from rape?
FORCIBLE ABDUCTION
Elements:
1. Person abducted is a woman, regardless of age, civil status, reputation
2. Abduction was against her will (no consent)
3. Abduction was with lewd design
CONSENTED ABDUCTION
Elements:
1. Person abducted is a virgin, over 12 and under 18
2. Abduction was with her consent
3. Abduction was with lewd design
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• Understand the concept of bigamy. Relate it to the rules governing void ab initio marriages under civil law.
BIGAMY
Elements:
1. Offender is legally married
2. Offender first marriage is not legally dissolved by
a. Death of first spouse
b. Judicial declaration of nullity (JDN) of first marriage
c. Judicial declaration of presumptive death (JDPD) of absent spouse
3. Offender contracts second (subsequent) marriage
4. Subsequent marriage has all the essential requisites for validity except for the existence of the first marriage
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Charge of bigamy will not prosper if both parties know that solemnizing person was not authorized
to perform marriages (marriage is void ab initio; stage play marriages)
3. No marriage license except exceptions
If no JDN, bigamy will prosper
4. Article 41 marriage
If no JDPD, bigamy will prosper
5. Mistaken identity
If no JDN, bigamy will prosper
6. Article 53
If no JDN, bigamy will prosper
JDN must first be issued by the court before parties can contract second marriage
7. Article 36 psychological incapacity
If no JDN, bigamy will prosper
Note: re CC, a marriage is presumed to be valid. The presumption must be rebutted for bigamy to
prosper.
• Familiarize yourself thoroughly with the rules governing libel/slander. When is malice presumed? When must
malice in fact be proven? What is privileged communication? What are the different types of privileged
communication? What is the rule governing public officers?
5. Kinds of malice
Malice in fact
• Requires evidence to be proven
• Is required to be proven if malice in law is rebutted
• Requires evidence to be rebutted (e.g. good faith/ fair and true report without
commentary)
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Malice in law
• Does not require evidence to prove (legal presumption that all defamatory statements are
malicious)
• Requires evidence to be rebutted (e.g. proof of truth)
9. Slander; elements
No publication, expression made verbally
In the presence of at least one witness
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Editor/ business manager of newspaper/ magazine/ serial publication containing the defamatory
material
Owner of press who published the libelous article
All other persons who participated or have connection with the publication of the libelous material