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Criminal Law Book 2 – Title Thirteen

JAN 25

Posted by Magz
TITLE THIRTEEN
CRIMES AGAINST HONOR
A. ELEMENTS OF LIBEL DEFAMATION: (353)
1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any
act, omission, condition, status, or circumstances.
2. That the imputation must be made publicly.
3. That it must be malicious.
4. That the imputation must be directed at a natural or juridical person, or one who is dead.
5. That the imputation must tend to cause the dishonor, discredit or contempt of the person
defamed.
Notes:
1. Libel is a public and malicious imputation of a crime, or a vice or defect, real or imaginary or
any act, commission, condition, status or circumstances tending to cause the dishonor, discredit
or contempt of a natural or juridical person, or to blacken the memory of one who is dead
2. Kinds of malice: (a) malice in law; (b) malice in fact
3. Malice is presumed to exist in injurious publications
4. Publication is the communication of the defamatory matter to some third person/s
5. Person libeled must be identified. But the publication need not refer by name to the libeled
party. If not named it must be shown that the description of the person referred to in the
defamatory publication was sufficiently clear so that at least a 3 rd person would have identified
the plaintiff.
6. There are as many crimes as there are persons defamed.
7. To presume publication there must be a reasonable probability that the alleged a libelous
matter was thereby exposed to be read or seen by 3rd persons.
Criterion to determine whether statements are defamatory
1) words are calculated to induce the hearers to suppose and understand that the person against
who they are uttered were guilty of certain offenses, or are sufficient to impeach their honesty,
virtue or reputation, or to hole the person up to public ridicule(US v O’Connel)
2 )construed not only as to the expression used but also with respect to the whole scope and
apparent object of the writer.(P v Encarnacion)

Libel Perjury

-false accusation need not be made under oath

-false accusation is made under oath


Newsweek v IAC

Newsweek portrayed the island province of Negros Occidental as a place dominated by big
landowners. Plaintiffs are associations of sugarcane planters. HELD: Dismissed. To maintain a libel
suit, the specific victim must be identifiable. Defamatory remarks directed at a group of persons
are not actionable unless the statements are all-embracing or sufficiently specific for victim to be
identifiable. An action for libel allegedly directed against a group of sugar planters cannot be
done by resort to filing a class suit as each victim has his specific reputation to protect. In this
case, each of the plaintiffs has a separate and distinct reputation in the community.

A. REQUIREMENT OF PUBLICITY: (354)


Kinds of privileged communication
1. Absolutely privileged – not actionable even if the actor has acted in bad faith
2. Qualifiedly privileged – those which although containing defamatory imputations could not be
actionable unless made with malice or bad faith
General Rule:

Every defamatory imputation is presumed malicious even if it be true, if no good intention and
justifiable motive for making it is shown

Exception:
1. private communication in performance of legal, moral or social duty
Requisites:
1. that the person who made the communication had a legal, moral or social duty to make the
communication or at least he had an interest to be upheld
2. that the communication is addressed to an officer or a board, or superior, having some interest
or duty on the matter
3. that the statements in the communication are made in good faith without malice in fact
4. fair and true report, made in good faith, without any comments and remarks
Requisites:
1. that the publication of a report of an official proceeding is a fair and true report of a judicial,
legislative, or other official proceedings which are not of confidential nature, or of a statement,
report, or speech delivered in said proceedings, or of any other act performed by a public
officer
2. that it is made in good faith
3. that it is made without any comments or remarks

Santos v CA

HELD: No malice, he simply furnished the readers with the info that a complaint has been filed
against the brokerage firm and reproduced the pleading verbatim with no embellishments.
B. LIBEL BY MEANS OF WRITING OR SIMILAR MEANS: (355)
Note: Enumerates the means by which libel may be committed: writing, printing, lithography,
engraving, radio phonograph, painting, theatrical or cinematographic exhibitions or any similar
means

C. THREATENING TO PUBLISH LIBEL AND OFFER TO PREVENT SUCH PUBLICATION FOR A


COMPENSATION: (356)
Note: Clearly, just a case of blackmail-any unlawful extortion of money by threats of accusation
and exposure

-possible in light threats Art 283 and in threat to publish Art 356.

D. ELEMENTS OF PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL


PROCEEDINGS: (357)
1. That the offender is a reporter, editor or manager of a newspaper, daily or magazine.
2. That he publishes facts connected with the private life of another.
3. That such facts are offensive to the honor, virtue and reputation of said person.
Note:

Even though made in connection with or under the pretext that it is necessary in the narration of
any judicial or administrative proceedings wherein such facts have been mentioned.

Lacsa v IAC

Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be president.
He wrote to the BOD and to Marquez. He caused to publish the second letter. HELD: Letter is not
privileged communication. To be classified as such it must be free from malice. Granting that the
letter was privileged communication, written out of a duty of an officer towards the members,
such character was lost when it was published.

E. ELEMENTS OF ORAL DEFAMATION/SLANDER: (358)


1. action of a serious and insulting nature (Grave slander)
2. light insult or defamation – not serious in nature (simple slander)
Factors that determine gravity of the offense:

a) expressions used

b) personal relations of the accused and the offended party

c) circumstances surrounding the case

Notes:
Words uttered in the heat of anger constitute light oral defamation (P v Doronilla)
If the utterances were made publicly and were heard by many people and the accused at the same
time levelled his finger at the complainant, oral defamation is committed (P v Salleque)

F. ELEMENTS OF SLANDER BY DEED: (359)


1. That the offender performs any act not included in any other crime against honor.
2. That such act is performed in the presence of other person or persons.
3. That such act casts dishonor, discredit or contempt upon the offended party.
Notes:

a. Seriousness depends on the social standing of offended party, the circumstances surrounding
the act, the occasion, etc.

b. The acts of slapping and boxing the woman, a teacher, in the presence of many people has put
her to dishonor, contempt and ridicule. (P v Costa)

P v Motita

Accused held a mirror between the legs of complainant to reflect her private parts. The crowd
laughed. Guilty of slander by deed.

Distinctions:

a. Unjust Vexation-irritation or annoyance/anything that annoys or irritates without justification.

b. Slander by Deed-irritation or annoyance + attendant publicity and dishonor or contempt.

c. Acts of lasciviousness-irritation or annoyance + any of 3 circumstance provided in Art335 of RPC


on rape

i. use of force or intimidation


ii.deprivation of reason or rendering the offended unconscious

offended party under 12 yrs of age+lewd designs

PERSONS RESPONSIBLE FOR LIBEL (360)

1) Who are liable

a. person who publishes, exhibits or causes the publication or exhibition of any defamation in
writing or similar means(par.1)

b. author or editor of a book or pamphlet

c. editor or business manager of a daily newspaper magazine or serial publication(par.2)

d. owner of the printing plant which publishes a libelous article with his consent and all other
persons who in any way participate in or have connection with its publication (US v Ortiz)

2) Venue of criminal and civil action for damages in cases of written defamation:

a. where the libelous article is printed and 1st published OR

b. where any of the offended parties actually resides at the time of the commission of the offense

3) Where one of the offended parties is a public officer:

a. if his office is in the City of Manila

– RTC of Manila OR

– city/province where the article is printed and 1st published

b. Otherwise

– RTC of the city/province where he held office at the time of offense OR

– where the article is 1st published

4) Where one of the offended parties is a private individual:

– RTC of province/city where he actually resides at the time of the crime

– where article was printed or 1st published


Note: Offended party must file complaint for defamation imputing a crime which cannot be
prosecuted de oficio (e.g. adultery, concubinage, rape, seduction, abduction, and acts of
lasciviousness)

Soriano v IAC

The Philippines follows the multiple publication rule which means that every time the same
written matter is communicated, such communication is considered a distinct and separate
publication of libel.

PROOF OF THE TRUTH (361)


Admissible when:

a. the act or omission imputed constitutes a crime regardless of whether the offended party is a
private individual or a public officer

b. the offended party is a government employee, even if the act or omission imputed does not
constitute a crime provided it is related to the discharge of his official duties

Requisites for Acquittal:

a. it appears that the matter charged as libelous is TRUE (for situations 1 and 2 above)

b. it was published with good motives and for a justifiable end (for situation 1 only)

Notes: The proof of the truth of the accusation cannot be made to rest upon mere hearsay,
rumors, or suspicion. It must rest upon positive direct evidence, upon which a definite finding may
be made by the court (US v Sotto)

LIBELOUS REMARKS (362)

Libelous remarks or comments on privileged matters (under Art. 354) if made with malice in fact
will not exempt the author and editor.

*This article is a limitation to the defense of privileged communication.


ELEMENTS OF INCRIMINATING INNOCENT PERSON: (363)
1. That the offender performs an act.
2. That by such act he directly incriminates or imputes to an innocent person the commission of a
crime.
3. That such act does not constitute perjury.
Two Kinds:

a. making a statement which is

i. defamatory or

ii. perjurious (if made under oath and is false)

b. planting evidence

Note: article is limited to planting evidence and the like

INTRIGUING AGAINST HONOR (364)


How committed:

-by any person who shall make any intrigue which has for its principal purpose to blemish the
honor or reputation of another person

Notes:

a. Intriguing against honor refers to any scheme or plot designed to blemish the reputation of
another or of such trickery or secret plot.

b. Committed by saying to others an unattributable thing, if said to the person himself it is


slander.

RA4200 The Anti-WireTapping Act


Acts punished:

1) any person, not authorized by all the parties to any private communication or spoken word

a) taps any wire of cable OR

b) uses any other device or arrangement, to secretly overhear, intercept, or record such
communication or spoken word by using a device commonly known as a dictaphone or dictagraph
or walkie talkie or tape recorder
2) any person, whether or not a participant in the above-mentioned acts:

a) knowingly possesses any tape record, wire record, disc record, or any other such record or
copies thereof of any communication or spoken word

b) replays the same for any other person

c)communicates the contents thereof, whether complete or partial, to any other person

Notes:

a. Peace officer is exempt if acts done under lawful order of the court. You can only use the
recording for the case for which it was validly requested.

b. Information obtained in violation of the Act is inadmissible in evidence in any hearing or


investigation.

c. Gaanan v IAC

An extension phone is not one of those prohibited under RA 4200. There must be either a physical
interruption through the wiretap or the deliberate installation of a device or arrangement in order
to overhear, intercept or record the spoken words. The extension phone was not installed for such
purpose.

ELEMENTS OF RECKLESS IMPRUDENCE: (365)


1. That the offender does or fails to do an act.
2. That the doing of or the failure to do that act is voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of precaution on the part of the offender, taking into
consideration
1. his employment or occupation
2. degree of intelligence, physical condition, and
3. other circumstances regarding persons, time and place.

ELEMENTS OF SIMPLE IMPRUDENCE: (365)


1. That there is lack of precaution on the part of the offender.
2. That the damage impending to be caused in not immediate or the danger is not clearly manifest.
Notes:
1) Art.64 on mitigating and aggravating circumstances not applicable.
2) Failure to lend on the spot assistance to victim of his negligence:penalty next higher in degree.

3) Abandoning usually punishable under Art 275, if charged under Art365 is only qualifying and if
not alleged cannot even be an aggravating circumstance.

4) Contributory negligence—not a defense, only mitigating

Last clear chance doctrine –

The contributory negligence of the injured party will no t defeat the action if it be shown that the
accused might, by the exercise of reasonable care and prudence, have avoided the consequences
of the negligence of the injured party

Emergency rule-

An automobile driver, who, by the negligence of another, is suddenly placed in an emergency and
compelled to act instantly to avoid a collision or injury is not guilty of negligence if he makes a
choice which a person of ordinary prudence placed in such a position might make even though he
did not make the wisest choice.

P v Cano

Negligence is a quasi-offense. What is punished is not the effect of the negligence but the
recklessness of the accused.

P v Carillo

13 yr old girl dies 3 days after surgery due to an overdose of Nubain which triggered a heart attack
that caused brain damage. HELD: Guilty of simple negligence resulting to homicide. Carillo was
the anesthesiologist, he and his co-accused failed to monitor and provide close patient care, to
inform the parents of the child’s true condition, to prove that they exercised necessary and
appropriate degree of care and diligence to prevent the condition.

Buearano v CA
Conviction of the accused in the charge of slight and less serious physical injuries through reckless
imprudence constitutes double jeopardy to the charge of the crime of damage to property through
reckless imprudence.

Source:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001
Posted in Criminal Law

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Tags: Criminal Law Book 2 - Title Thirteen

Criminal Law Book 2 – Title Twelve


JAN 25

Posted by Magz
TITLE TWELVE
CRIMES AGAINST THE CIVIL STATUS OF PERSONS

A. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND CONCEALMENT


OR ABANDONMENT OF A LEGITIMATE CHILD: (347)
Acts Punished:

1. Simulation of births

2. Substitution of one child for another

3. Concealing or abandoning any legitimate child with the intent to cause such child to lose its
civil status

Requisites:
1. The child must be legitimate
2. The offender conceals or abandons such child
3. The offender has the intent to cause the child to lose its civil status
Elements of Simulation of Birth:
1. Child is baptized or registered in the Registry of birth as hers
2. Child loses its real status and acquiires a new one
3. Actor’s purpose was to cause the loss of any trace as to the child’s true filiation
B. USURPATION OF CIVIL STATUS: (348)
Notes:
1. Committed by a person who represents himself as another and assumes the filiation or rights
pertaining to such person
2. There must be criminal intent to enjoy the civil rights of another by the offender knowing he is
not entitled thereto
3. Committed by asuming the filiation, or the parental or conjugal rights of another
4. Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation
is to defraud the offended party or hios heirs.
C. ELEMENTS OF BIGAMY: (349)
1. That the offender has been legally married.
2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the
absent spouse could not yet be presumed dead according to the civil code.
3. That he contracts a second or subsequent marriage.
4. That the second or subsequent marriage has all the essential requisites for validity.
Notes:
1. The crime does not fall within the category of private crimes that can be prosecuted only at the
instance of the offended party
2. A simulated marriage is not marriage at all and can be used as a defense for bigamy
3. There must be a summary proceeding to declare the absent spouse presumptively dead for
purposes of remarriage
4. Failure to exercise due diligence to ascertain the whereabouts of the 1 st wife is bigamy through
reckless imprudence
5. A judicial declaration of the nullity of a marriage void ab initio is now required
6. One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses
7. One who vouches that there is no legal impediment knowing that one of the parties is already
married is an accomplice.
D. ELEMENTS OF MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS: (350)
1. That the offender contracted marriage.
2. That he knew at the time that
1. the requirement of the law were not complied with, or
2. The marriage was in disregard of a legal impediment.
Note: Circumstance qualifying the offense: if either of the contracting parties obtains the consent
of the other by means of violence, intimidation or fraud.
E. ELEMENTS OF PREMATURE MARRIAGE: (351)

Acts punished:

1. A widow who within 301 days from death of husband, got married or before her delivery, if she
was pregnant at the time of his death
2. A woman whose marriage having been dissolved or annulled, married before her delivery or
within 301 days after the legal separation.
F. ELEMENTS OF PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY: (352)

Act punished: performance of any illegal marriage ceremony by a priest or minister of any
religious denomination or sect or by civil authorities
Reference:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001
Posted in Criminal Law

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Tags: Criminal Law Book 2 - Title Twelve

Criminal Law Book 2 – Title Eleven


JAN 25

Posted by Magz
TITLE ELEVEN
CRIMES AGAINST CHASTITY
A. ELEMENTS OF ADULTERY: (333)
1. That the woman is married (even if marriage subsequently declared void)
2. That she has sexual intercourse with a man not her husband.
3. That as regards the man with whom she has sexual intercourses, he must know her to be
married.
Notes:
1. mitigated if wife was abandoned without justification by the offended spouse (man is not
entitled to this mitigating circumstance)
2. attempted: caught disrobing a lover
B. ELEMENTS OF CONCUBINAGE: (334)
1. That the man must be married.
2. That he committed any of the following acts:
1. Keeping a mistress in the conjugal dwelling.
2. Having sexual intercourse under scandalous circumstances with a woman who is not his
wife.
3. Cohabiting with her in any other place.
3. That as regards the woman she must know him to be married.
Note: “Scandal” consists in any reprehensible word/deed that offends public conscience, redounds
to the detriment of the feelings of honest persons and gives occasions to the neighbor’s spiritual
damage and ruin
C. ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336)
1. That the offender commits any act of lasciviousness or lewdness.
2. That it is done under any of the following circumstances:
1. by using force or intimidation, or
2. when the offended party is deprived of reason or otherwise unconscious, or
3. when the offended party is under 12 years of age.
3. That the offended party is another person of either sex.
D. ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: (337)
Two classes of qualified seduction:
1. Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in
authority, priest, teachers etc and
2. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or
reputation (incestuous seduction)
Elements:
1. That the offended party is a virgin, which is (presumed if she unmarried and of good
reputation.)
2. That she must be over 12 and under 18 years of age.
3. That the offender has sexual intercourse with her.
4. That there is abuse of authority, confidence or relationship on the part of the offender ( person
entrusted with education or custody of victim; person in public authority, priest; servant)
Persons liable:
1. Those who abuse their authority:
1. persons in public authority
2. guardian
3. teacher
4. person who, in any capacity, is entrusted with the education or custody of the woman
seduced
2. Those who abused the confidence reposed in them:
1. priest
2. house servant
3. domestic
3. Those who abused their relationship:
1. brother who seduced his sister
2. ascendant who seduced his descendant
E. ELEMENTS OF SIMPLE SEDUCTION: (338)
1. That the offended party is over 12 and under 18 years of age.
2. That she must be of good reputation, single or widow.
3. That the offender has sexual intercourse with her.
4. That it is committed by means of deceit.
Note: common form is unconditional promise to marry
F. ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY:
(339)
1. that the offender commits acts of lasciviousness or lewdness.
2. That the acts are committed upon a woman who is virgin or single or widow of good reputation,
under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or
age.
3. that the offender accomplishes the acts by abuse of authority, confidence, relationship, or
deceit.
G. ELEMENTS OF CORRUPTION OF MINORS: (340)
Act punishable: By promoting or facilitating the prostitution or corruption of persons underage to
satisfy the lust of another

H. ELEMENTS OF WHITE SLAVE TRADE: (341)


Acts penalized

1. Engaging in the business of prostitution

2. Profiting by prostitution

3. Enlisting the servicxe of women for the purpose of prostitution

I. ELEMENTS OF FORCIBLE ABDUCTION: (342)


1. That the person abducted is any woman, regardless of her age, civil status, or reputation.
2. That the abduction is against her will.
3. That the abduction is with lewd designs.
Note: Sexual intercourse is NOT necessary
Crimes against chastity where age and reputation of victim are immaterial: rape, acts of
lasciviousness, qualified seduction of sister/descendant, forcible abduction.
J. ELEMENTS OF CONSENTED ABDUCTION: (343)
1. That the offended party must be a virgin.
2. That she must be over 12 and under 18 years of age.
3. That the taking away of the offended party must be with her consent, after solicitation or
cajolery from the offender.
4. That the taking away of the offended party must be with lewd designs.
K. PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION RAPE AND ACTS OF
LASCIVIOUSNESS (344)
1. Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse
2. Seduction, abduction, rape or acts of lasciviousness must be prosecuted upon complaint signed
by:
1. offended party
2. by her parents
3. grandparents
4. guardians in the order in which they are named above
Note: Marriage of the offender with the offended party extinguishes the criminal action or remit
the penalty already imposed upon him. This applies as well to the accomplices, accessories-after-
the-fact. But marriages must be in good faith. This rule does not apply in case of multiple rape.
L. Civil liability of persons guilty of rape, seduction or abduction (345)
1. To idemnify the offended women
2. To acknowledge the offspring, unless the law should prevent him from doing so
3. In every case to support the offspring
M. LIABILITY OF ASCENDANTS, OTHER PERSONS ENTRUSTED WITH CUSTODY OF OFFENDED
PARTY WHO BY ABUSE OF AUTHORITY OR CONFIDENCE SHALL COOPERATE AS ACCOMPLIES:
(346)

Reference:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001
Posted in Criminal Law

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Tags: Criminal Law Book 2 - Title Eleven

Criminal Law Book 2 – Title Ten


JAN 25

Posted by Magz
TITLE TEN
I. CRIMES AGAINST PROPERTY
A. ELEMENTS OF ROBBERY IN GENERAL: (293)
1. That there be personal property belonging to another.
2. That there is unlawful taking of that property.
3. That the taking must be with intent to gain, and
4. That there is violence against or intimidation of any person, or force upon anything.
Notes:
1. Belonging to another – person from whom property was taken need not be the owner, legal
possession is sufficient
2. Name of the real owner is not essential so long as the personal property taken does not belong
to the accused except if crime is robbery with homicide
3. Taking of personal property – must be unlawful; if given in trust – estafa
4. As to robbery with violence or intimidation – from the moment the offender gains possession of
the thing even if offender has had no opportunity to dispose of the same, the unlawful taking is
complete
5. As to robbery with force upon things – thing must be taken out of the building
6. Intent to gain – presumed from unlawful taking
7. Taking must not be under the claim of title or ownership
8. When there’s no intent to gain but there is violence in the taking – grave coercion
9. Violence or intimidation must be against the person of the offended party, not upon the thing
10. General rule: violence or intimidation must be present before the “taking” is complete
11. Except: when violence results in – homicide, rape, intentional mutilation or any of the serious
physical injuries in par 1 and 2 of art 263, the taking of the property is robbery complexed with
any of these crimes under art 294, even if taking is already complete when violence was used by
the offender

12. Use of force upon things – entrance to the building by means described in arts 299 and 302
(offender must enter)

13. When both violence or intimidation and force upon things concur – it is robbery with violence

Robbery with violence Grave threats Grave coercion

Intent to gain No intent to gain None


Intimidation; Intimidation (effect) is immediate and
promises some offended party is compelled to do
future harm or something against his will (w/n right
Immediate harm injury or wrong)

Robbery Bribery

X has committed a crime and gives


X didn’t commit crime but is intimidated to money as way to avoid arrest or
deprive him of his property prosecution
Giving of Php is in one sense
Deprived of Php thru force or intimidation voluntary
Neither Transaction is voluntary and mutual
Ex. defendant demands payment of P2.00
with threats of arrest and prosecution,
therefore, robbery because (a) intent to gain
and (b) immediate harm
A. ELEMENTS OF ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSON: (294)

Acts punished as robbery with violence against or intimidation of persons

By reason or on occasion of the robbery, the following are committed:

1. homicide
2. robbery accompanied with rape or intentional mutilation, SPI – insane, imbecile, impotent or
blind
3. SPI – lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such member,
incapacitated for work habitually engaged in
4. Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime or
when in the cause of its execution – SPI/deformity, or shall have lost any part of the body or the
use thereof or shall have been ill or incapacitated for the performance of the work for > 90 days;
> 30 days
5. Any kind of robbery with less serious physical injuries or slight physical injuries
Notes:
1. special complex crimes (specific penalties prescribed)
1. robbery with homicide – if original design is robbery and homicide is committed – robbery
with homicide even though homicide precedes the robbery by an appreciable time. If
original design is not robbery but robbery was committed after homicide as an
afterthought – 2 separate offenses. Still robbery with homicide – if the person killed was
an innocent bystander and not the person robbed and if death supervened by mere
accident.
2. robbery with rape – intent to commit robbery must precede rape. Prosecution of the
crime need not be by offended party – fiscal can sign the information. When rape and
homicide co-exist, rape should be considered as aggravating only and the crime is still
robbery with homicide
3. robbery with intimidation – acts done by the accused which by their own nature or by
reason of the circumstances inspire fear in the person against whom they are directed
4. qualifying circumstances in robbery with violence or intimidation of persons, if any of the
offenses defined in subdivisions 3, 4 and 5 of Art 294 is committed:
1. in an uninhabited place or
2. by a band or
3. by attacking a moving train, street car, motor vehicle or airship, or
4. by entering the passenger’s compartments in a train, or in any manner taking the
passengers thereof by surprise in the respective conveyances, or
5. on a street, road, highway or alley and the intimidation is made with the use of
firearms, the offender shall be punished by the max period of the proper penalties
prescribed in art 294
B. QUALIFIED ROBBERY WITH VIOLENCE OR INTIMIDATION (295)
Notes:
1. Must be alleged in the information
2. Can’t be offset by generic mitigating
3. Art 295 will not apply to: robbery w/ homicide, rape or SPI under par 1 of art 263
C. ROBBERY BY A band: (296)
notes:
1. More than 3 armed malefactors
2. Liability for the acts of the other members of the band
3. Conspiracy to commit robbery with homicide – even if less than 4 armed men
4. Conspiracy to commit robbery only but homicide was committed also on the occasion thereof –
all members of the band are liable for robbery with homicide
5. Conspiracy is presumed when 4 or more armed persons committed robbery
6. Unless the others attempted to prevent the assault – guilty of robbery by band only
1. he was a member of the band
2. he was present at the commission of a robbery by that band
3. other members of the band committed an assault
4. he did not attempt to prevent the assault
D. ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE: (297)
Notes:
1. Whether robbery is attempted or frustrated, penalty is the same
2. Where offense committed is attempted or frustrated robbery with serious physical injuries –
article 48 is applicable

E. ELEMENTS OF EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION: (298)


1. That the offender has intent to defraud another.
2. That the offender compels him to sign, execute, or deliver any public instrument or document.
3. That the compulsion is by means of violence or intimidation.

F. ELEMENTS OF ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED


TO WORSHIP: (299)
1. That the offender entered (a) an inhabited house, or (b) public buildings, or (c) edifice devoted
to religious worship.
2. That the entrance was effected by any of the following means:
1. Through an opening not intended for entrance or egress.
2. By breaking any wall, roof, or floor or breaking any door or window.
3. By using false keys, picklocks or similar tools or.
4. By using any fictitious name or pretending the exercise of public authority.
5. That once inside the building, the offender took personal property belonging to another
with intent to gain.
Notes:
1. Includes dependencies (stairways, hallways, etc.)
2. Inhabited house – any shelter, ship or vessel constituting the dwelling of one or more person
even though temporarily absent – dependencies, courts, corals, barns, etc.
3. NOT INCLUDED – ORCHARD, LANDS FOR CULTIVATION.
4. Important for robbery by use of force upon things, it is necessary that offender enters the
building or where object may be found. NO ENTRY, NO ROBBERY
5. Entrance is necessary – mere insertion of hand is not enough (whole body); not to get out but to
enter – therefore, evidence to such effect is necessary
6. P v. Lamahang – intent to rob being present is necessary
7. Place: house or building; not car
8. Public building – every building owned, rented or used by the government (though owned by
private persons) though temporarily vacant
9. Not robbery – passing through open door but getting out of a window
10. Outside door must be broken, smashed. Theft – if lock is merely removed or door was merely
pushed

11. False keys – genuine keys stolen from the owner or any keys other than those intended by the
owner for use in the lock

12. Picklocks – specially made, adopted for commission of robbery

13. Key – stolen not by force, otherwise, it’s robbery by violence and intimidation against persons

14. False key – used in opening house and not furniture inside, otherwise, theft (for latter to be
robbery., must be broken and not just opened)

15. Gen. Rule: outside door. Exception: inside door in a separate dwelling

16. E.g. pretending to be police to be able to enter (not pretending after entrance)

G. ELEMENTS OF ROBBERY WITH FORCE UPON SUBDIVISION (B) OR ART. 299


1. That the offender is inside a dwelling house, public building, or edifice devoted to religious
worship, regardless of the circumstances under which he entered it
2. That the offender takes personal property belonging to another with intent to gain, under any of
the following circumstances.
1. by the breaking of doors, wardrobes, chests, or any other kind of locked or sealed
furniture or receptacle, or
2. by taking such furniture or objects away to be broken or forced open outside the place of
the robbery.
Notes:
1. Entrance ( no matter how done)
2. Offender may be servants or guests
3. Destruction of keyhole of cabinet is robbery here
4. When sealed box is taken out for the purpose of breaking it, no need to open – already
consummated robbery
5. Estafa – if box is in the custody of acc
6. Theft – if box found outside and forced open
H. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND: (300)
I. WHAT IS AN UNINHABITED HOUSE, PUBLIC BUILDING OR BUILDING DEDICATED TO
RELIGIOUS WORSHIP AND THEIR DEPENDENCIES: (301)
Notes:
1. dependencies – are all interior courts, corrals, warehouses, granaries or enclosed places:
1. contiguous to the building
2. having an interior entrance connected therewith
3. which form part of the whole

2. Garage – must have 3 requirements. Exception: orchards/lands


J. ELEMENTS OF ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING: (302)
1. That the offender entered an uninhabited place or a building which was not a dwelling house,
not a public building, or not an edifice devoted to religious worship.
2. that any of the following circumstances was present:
3. That with intent to gain the offender took therefrom personal property belonging to another.
1. That entrance was effected through an opening not intended for entrance or egress.
2. A wall, roof, floor, or outside door or window was broken.
3. The entrance was effected through the use of false keys, picklocks or other similar tools.
4. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken or
5. A closed or sealed receptacle was removed, even if the same be broken open elsewhere.
Notes:
1. Second kind of robbery with force upon things
2. Uninhabited place – is an uninhabited building (habitable, not any of the 3 places mentioned)
3. Ex. warehouse, freight car, store. Exception: pigsty
4. Same manner as 299 except that was entered into was an uninhabited place or a building other
than the 3 mentioned in 299. Exception: does not include use of fictitious name or pretending
the exercise of public authority
5. Breaking of padlock (but not door) is only theft
6. False keys – genuine keys stolen from the owner or any other keys other than those intended by
the owner for use in the lock forcibly opened
K. ROBBERY OF CEREALS, FRUITS OR FIRE WOOD IN AN UNINHABITED PLACE OR PRIVATE
BUILDING: (303)
L. ELEMENTS OF ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR TOOLS: (304)
1. That the offender has in his possession picklocks or similar tools.
2. That such picklocks or similar tools are specially adopted to the commission of robbery.
3. That the offender does not have lawful cause for such possession.
Note: Actual use of the same is not necessary
M. ELEMENTS OF FALSE KEYS: (305)
1. Picklocks, etc.
2. Genuine key stolen from owner.
3. Any key other than those intended by owner for use in the lock forcibly opened by the offender
Notes:
1. Possession of false keys here not punishable
2. If key was entrusted and used to steal, not robbery (not stolen)

II. BRIGANDAGE
A. BRIGANDAGE: (306)

Brigands – more than three armed persons forming a band

Purpose:
a. Robbery in highway
1. b. Kidnapping for extortion or ransom.
1. Any other purpose to be obtained by means of force and violence.
Presumption of Brigandage:
1. if members of lawless band and possession of unlicensed firearms (any of them)
2. possession of any kind of arms (not just firearm)

BRIGANDAGE ROBBERY IN BAND

Purposes are given Only to commit robbery, not necessarily in hi-way


Mere formation of a band for
the above purpose If the purpose is to commit a part robbery
Necessary to prove that band actually committed
robbery

B. ELEMENTS OF AIDING AND ABETTING A BAND OF BRIGANDS: (307)


1. That there is a band of brigands.
2. That the offender knows the band to be of brigands.
3. That the offender does any of the following acts:
1. he in any manner aids, abets or protects such band if brigands, or
2. he gives them information of the movements of the police or other peace officers of the
government or
3. He acquires or receives the property taken by such brigands.
Notes:
1. PD 532 – brigandage. Seizure of any person for: (a) ransom; (b) extortion or other unlawful
purpose; (c) taking away of property by violence or intimidation or force upon things or other
unlawful means
2. Committed by any person
3. On any Phil hi-way

III. THEFT
A. ELEMENTS OF THEFT: (308)
1. That there be taking of personal property.
2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the consent of the owner.
5. That the taking be accomplished without the use of violence against or intimidation of persons
or force upon things.
Persons liable:
1. Those who

a) with intent to gain

b) but without violence against or intimidation of persons not force upon things

c) take

d) personal property

e) of another

f) without the latter’s consent

1. Those who

a) having found lost property

b) fail to deliver the same to local authorities or its owner

Notes:
1. Retention of money/property found is theft. Retention is failure to return (intent to gain)
2. Knowledge of owner is not required, knowledge of loss is enough
3. Finder in law is liable
4. Those who

a) after having maliciously damaged the property of another

b) remove or make use of the fruits or object of the damage caused by them

Note: Killing of cattle of another which destroyed his property and getting meat for himself
1. Those who

a) enter an enclosed estate or a field where

b) trespass is forbidden or which belongs to another and, without the consent of its owner

c) hunts or fish upon the same or gather fruits, cereals or other forest or farm products

Notes:
1. Theft is consummated when offender is able to place the thing taken under his control and in
such a situation as he could disclose of it at once (though no opportunity to dispose) i.e, the
control test
2. P v. Dino – applies only in theft of bulky goods (meaning there has to be capacity to dispose of
the things). Otherwise, P v. Espiritu – full possession is enough
3. Servant using car without permission deemed qualified theft though use was temporary
4. Reyes says: there must be some character of permanency in depriving owner of the use of the
object and making himself the owner, therefore must exclude “joyride”
5. Theft: if after custody (only material possession) of object was given to the accused, it is
actually taken by him (no intent to return) e.g. felonious conversion. But it is estafa if juridical
possession is transferred e.g., by contract of bailment
6. Includes electricity and gas
1. inspector misreads meter to earn
2. one using a jumper
7. Selling share of co-partner is not theft
8. Salary must be delivered first to employee; prior to this, taking of Php is theft
9. If offender claims property as his own (in good faith) – not theft (though later found to be
untrue. If in bad faith – theft)

10. Gain is not just Php – satisfaction, use, pleasure desired, any benefit (e.g. joyride)

11. Actual gain is not necessary (intent to gain necessary)

12. Allege lack of consent in info is important

B. ELEMENTS OF HUNTING, FISHING OR GATHERING FRUITS, ETC. IN ENCLOSED ESTATE


(PAR. NO.3, ART. 308)
1. That there is an enclosed estate or a field where trespass is forbidden or which belongs to
another;
2. That the offender enters the same.
3. That the offender hunts or fishes upon the same or gathers fruits, cereals or other forest or farm
products, and
4. That the hunting or fishing or gathering of products is without the consent of the owner.
Note: Fish not in fishpond, otherwise, qualified
C.PENALTIES FOR QUALIFIED THEFT; (309)
D. ELEMENTS OF QUALIFIED THEFT: (310)
1. Committed by domestic servant, or
2. With grave abuse of confidence, or
3. Property stolen is:
1. motor vehicle
2. mail matter
3. large cattle
4. coconut from plantation
5. fish from fishpond or fishery, or
6. On occasion of calamities and civil disturbance.
Notes:
1. “grave abuse” – high degree of confidence e.g. guests
2. no confidence, not qualified theft
3. theft – material possession’ estafa – juridical possession
4. qualified: if done by one who has access to place where stolen property is kept e.g., guards,
tellers
5. novation theory applies only if there’s a relation
6. industrial partner is not liable for QT (estafa)
7. when accused considered the deed of sale as sham (modus) and he had intent to gain, his
absconding is QT
8. see carnapping law: RA 6539
9. motor vehicle in kabit system sold to another-theft. Motor vehicle not used as PU in kabit
system but under K of lease-estafa
10. 10. mail matter – private mail to be QT, Not postmaster – Art. 226

11. theft of large cattle

E. ELEMENTS OF THEFT OF PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM:


(311)

IV. USURPATION
A. ELEMENTS OF OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN
PROPERTY: (312)
1. That the offender takes possession of any real property or usurps any real rights in property.
2. That the real property or real rights belong to another.
3. That violence against or intimidation of persons is used by the offender in occupying real
property or usurpation real rights in property.
4. That there is intent to gain.
B. ELEMENTS OF ALTERING BOUNDARIES OR LANDMARKS: (313)
1. That there be boundary marks or monuments of towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same.
2. That the offender alters said boundary marks.

V. CULPABLE INSOLVENCY
A. ELEMENTS OF FRAUDULENT INSOLVENCY: (314) (culpable insolvency)
1. That the offender is a debtor; that is, he was obligations due and payable.
2. That he absconds with his property.
3. That there be prejudice to his creditors.

VI. SWINDLING AND OTHER DECEITS


A. ELEMENTS OF ESTAFA IN GENERAL: (315)
1. That the accused defrauded another (a.) by abuse of confidence, or (b) or means of deceit and
2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or
third person
B. ELEMENTS OF ESTAFA WITH UNFAITHFULNESS: (315)
1. That the offender has an onerous obligation to deliver something of value.
2. That he alters its substance, quantity, or quality.
3. That damage or prejudice is caused to another.
C. ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER SUBDIVISION NO.1 PAR. (B),
OF ART.315
1. That money, goods, or other personal property be received by the offender in trust, or on
commission, or for administration, or under any other obligation involving the duty to make
delivery of or to return, the same.
2. That there be misappropriation or conversion of such money or property by the offender, or
dental on his part of such receipt.
3. that such misappropriation or conversion or dental is to the prejudice of another and
4. That there is a demand made by the offended party to the offender.
D. 2ND ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER PARAGRAPH (B), SUBDIVISION
N0.1, ART. 315 = 3 WAYS OF COMMITTING:
1. By misappropriating the thing received.
2. By converting the thing received.
3. By denying that the thing was received.
Notes:
1. Unfaithful or Abuse of Confidence

a. by altering the substance

b. existing obligation to deliver – even if it is not a subject of lawful commerce

c. thing delivered has not been fully or partially paid for – not estafa

3. no agreement as to quality – No estafa if delivery is unsatisfactory

1. By misappropriating and converting


1. thing is received by offender under transactions transferring juridical possession, not ownership
2. under PD 115 (Trust Receipts Law) – failure to turn over to the bank the proceeds of the sale of
the goods covered by TR – Estafa
3. same thing received must be returned otherwise estafa; sale on credit by agency when it was to
be sold for cash – estafa
4. Estafa – not affected by Novation of Contract because it is a public offense
5. Novation must take place before criminal liability was incurred or perhaps prior to the filing of
the criminal information in court by state prosecutors
6. Misappropriating – to take something for one’s own benefit
g. Converting – act of using or disposing of another’s property as if it was one’s own; thing has
been devoted for a purpose or use different from that agreed upon
1. There must be prejudice to another – not necessary that offender should obtain gain
2. When in the prosecution for malversation the public officer is acquitted, the private individual
allegedly in conspiracy with him may be held liable for estafa
9. Partners – No estafa of money or property received for the partnership when the business is
commercial and profits accrued. BUT if property is received for specific purpose and is
misappropriated – estafa!
10. Failure to account after the DEMAND is circumstantial evidence of misappropriation
11. DEMAND is not a condition precedent to existence of estafa when misappropriation may be
established by other proof
12. In theft, upon delivery of the thing to the offender, the owner expects an immediate return of
the ting to him – otherwise, Estafa
13. Servant, domestic or employee who misappropriates a thing he received from his master is NOT
guilty of estafa but of qualified theft

Estafa with Abuse of Confidence Malversation

Offenders are entrusted with funds or offenders are entrusted with funds or
property and are continuing offenses property and are continuing offenses
Funds: always private Funds: public funds or property
Offender: private individual, or public Offender: public officer accountable
officer not accountable for public funds
Committed by appropriating, taking,

Committed by misappropriating, misappropriating


converting, denying having received money
E. ELEMENTS OF ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE IN BLANK: (315)
1. That the paper with the signature of the offended party be in blank.
2. That the offended party should have delivered it to offender.
3. That above the signature of the offended party a document is written by the offender without
authority to do so.
4. That the document so written creates a liability of, or causes damage to, the offended party or
any third person.
Note: If the paper with signature in blank was stolen – Falsification if by making it appear that he
participated in a transaction when in fact he did not so participate.
F. ELEMENTS OF ESTAFA BY MEANS OF DECEIT: (315)
1. that there must be a false pretense, fraudulent means must be made or executed prior to or
2. That such false pretense, fraudulent act or fraudulent means must be made or executed prior to
or simultaneously with the commission of the fraud.
3. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent
means, that is, he was induced to part with his money or property because of the false pretense,
fraudulent act, or fraudulent means.
4. That as a result thereof, the offended party suffered damage.
Notes:
1. False pretenses or fraudulent acts – executed prior to or simultaneously with delivery of the
thing by the complainant
2. There must be evidence that the pretense of the accused that he possesses power/influence is
false.
G. ELEMENTS OF ESTAFA BY POSTDATING A CHECK OR ISSUING A CHECK IN PAYMENT OF AN
OBLIGATION: (315)
1. That the offender postdated a check, or issued a check in payment of an obligation.
2. That such postdatig or issuing a check was done when the offender had no funds in the bank or
his funds deposited therein were not sufficient to cover the amount of the check.
Notes:
1. good faith is a defense. (PP. VS. VILLAPANDO, 56 PHIL.31)
2. dishonor from lack of funds to prima facie evidence of deceit or failure to make good within
three days after notice of.
3. No funds in the bank or his funds are not sufficient
4. If check was issued in payment of pre-existing debt – no estafa
5. Offender must be able to obtain something from the offended party by means of the check he
issues and delivers
6. If postdating a check issued as mere guarantee/promissory note – no estafa.
H. ELEMENTS OF OFFENSE DEFINED IN THE FIRST PARAGRAPH OF SECTION 1: BP 22
1. That a person makes or draws and issues any check.
2. That the check is made or drawn and issued to apply on account or for value.
3. That the person who makes or draws and issues the check knows at the time of issue that he
does not have sufficient funds in or credit with the drawee bank for the payment of such check
in full upon its presentment.
1. That the check is subsequently dishonored by the drawee bank for insufficiency of funds or
credit, or would have been

dishonored for the same reason had not the drawee, without any valid reason, ordered the bank
to stop payment.

Note: Failure to make good within 5 banking days prima facie evidence of knowledge of lack and
insufficiency
I. ELEMENTS OF THE OFFENSE DEFINED IN THE SECOND PARAGRAPH OF SECTION 1: BP 22
1. That a person has sufficient funds in or credit with the drawee bank when he makes or draws
and issues a check.
2. That he fails to keep sufficient funds or to maintain a credit to cover the full amount of the
check if presented within
a period of 90 days from the date appearing thereon.

1. That the check is dishonored by the drawee bank.


Note: Failure to make good within 5 banking days prima facie evididence of knowledge of lack and
insufficiency
J. BY OBTAINING FOOD OR CREDIT AT HOTELS, INNS, RESTAURANTS ETC.
K. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENTS: (315)
1. That the offender induced the offended party to sign a document.
2. That deceit be employed to make him sign the document.
3. That the offended party personally signed the document.
4. That prejudice be caused.
Note: If offended party willingly signed the document and there was deceit as to the character or
contents of the document – falsification; but where the accused made representation to mislead
the complainants as to the character of the documents – estafa
L. ELEMENTS OF ESTAFA BY REMOVING, CONCEALING OR DESTROYING DOCUMENTS: (315)
1. That there be court records, office files, documents or any other papers.
2. That the offender removed, concealed or destroyed any of them.
3. That the offender had intent to defraud another.
Note: No intent to defraud – destroying or removal = malicious mischief
M. DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY ESTIMATION: (315) (second element of any
form of estafa)
THE ELEMENTS OF DAMAGE OR PREJUDICE MAY CONSIST OF THE FF.:
1. The offender party being deprived of his money or property, as a result of the defraudation.
2. Disturbance in property right or
3. Temporary prejudice.
N. ELEMENTS OF SWINDLING (PAR.1) BY CONVEYING, SELLING, ENCUMBERING, OR MORTGAGING
ANY REAL PROPERTY, PRETENDING TO BE THE OWNER OF THE SAME: (316)
1. That the thing be immovable, such as a parcel of land or a building.
2. That the offender who is not the owner of said property represented that he is the owner
thereof.
3. That the offender should have executed an act of ownership (selling, leasing, encumbering or
mortgaging the real property).
4. That the act be made to the prejudice of the owner or a third person.

ESTAFA INFIDELITY IN THE CUSTODY OF DOCUMENTS

Private individual was entrusted Public officer entrusted

Intent to defraud No intent to defraud


O. ELEMENTS OF SWINDLING (PAR. 2) BY DISPOSING OF REAL PROPERTY AS FREE FROM
ENCUMBRANCE, ALTHOUGH SUCH ENCUMBRANCE BE NOT RECORDED: (316)
1. that the thing disposed of be real property.
2. That the offender knew that the real property was encumbered, whether the encumbrance is
recorded or not.
3. That there must be express representation by the offender that the real property is free from
encumbrance.
4. That the act of disposing of the real property be made to the damage of another.
P. ELEMENTS OF SWINDLING (PAR.3) BY WRONGFULLY TAKING BY THE OWNER HIS PERSONAL
FROM ITS LAWFUL POSSESSOR: (316)
1. That the offender is the owner of personal property.
2. That said personal property is in the lawful possession of another.
3. That the offender wrongfully takes it from its lawful possessor.
4. That prejudice is thereby caused to the possessor or third person.
Q. ELEMENTS OF SWINDLING (PAR. 6) BY SELLING, MORTGAGING OR ENCUMBERING REAL
PROPERTY OR PROPERTIES WITH WHICH THE OFFENDER GUARANTEED THE FULFILLMENT OF
HIS OBLIGATION AS SURETY: (316)
1. That the offender is a surety in a bond given in a criminal or civil action.
2. That he guaranteed the fulfillment of such obligation with his real property or properties.
3. That he sells, mortgages, or, in any other manner encumbers said real property.
4. That such sale, mortage or encumbrance is (a) without express authority from the court, or (b)
made before the cancellation of his bond, or (c) before being relieved from the obligation
contracted by him.
R. ELEMENTS OF SWINDLING A MINOR: (317)
1. That the offender takes advantage of the inexperience or emotions or feelings of a minor.
2. That he induces such minor (a) ro assume an obligation, or (b) to give release, or (c) to execute
a transfer of any property right.
3. That the consideration is (a) some loan of money (b) credit or (c) other personal property.
4. That the transaction is to the detriment of such minor.
S. ELEMENTS OF OTHER DECEITS: (318)
1. not mentioned above;
2. interpretation of dreams, forecast, future-telling for profit or gain.

VII. CHATTEL MORTGAGE


A. ELEMENTS OF SELLING OR PLEDGING PERSONAL PROPERTY ALREADY PLEDGED: (319)
1. That personal property is already pledged under the terms of the chattel mortgage law.
2. That the offender, who is the mortgagee of such property, sells or pledges the same or any part
thereof.
3. That there is no consent of the mortgagee written on the back of the mortgage and noted on the
record thereof in the office of the register of deeds.
B. ELEMENTS OF KNOWINGLY REMOVING MORTGAGED PERSONAL PROPERTY: (319)
1. that personal property is mortgaged under the chattel mortage law.
2. That the offender knows that such property is so mortaged.
3. That he removes such mortgaged personal to any province or city other than the one in which it
was located at the time of the execution of the mortgage.
4. that the removal is permanent.
5. That there is no written consent of the mortgagee or his executors, administration or assigns to
such removal.

VIII. ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS


(Note: PD 1613 expressly repealed or amended Arts 320-326, but PD 1744 revived Art 320)
A. ELEMENTS OF ARSONS OF PROPERTY OF SMALL VALUES
1. That an uninhabited hut, storehouse, barn, shed or any other property is burned
2. That the value of the property burned does not exceed 25 pesos
3. That the burning was done at a time or under circumstances which clearly exclude all danger of
the fire spreading
B. ELEMENTS OF CRIME INVOLVING DESTRUCTION
1. That the offender causes destruction of the property
2. That the destruction was done by means of:
1. explosion
2. discharge of electric current
3. inundation
4. sinking or stranding of a vessel
5. damaging the engine of the vessel
6. taking up rails from the railway track
7. destroying telegraph wires and posts or those of any other system
8. other similar effective means of destruction
C. ELEMENTS OF BURNING ONE’S PROPERTY AS A MEANS TO COMMIT ARSON
1. That the offender set fire to or destroyed his own property
2. That the purpose of the offender in doing so was to commit arson or to cause a great destruction
3. That the property belonging to another was burned or destroyed
D. ELEMENTS OF ARSON
1. That the property burned is the exclusive property of the offender
2. That (a) the purpose of the offender is burning it is to defraud or cause damage to another or (b)
prejudice is actually caused, or (c) the thing burned is a building in an inhabited place

IX. MALICIOUS MISCHIEF


A. ELEMENTS OF MALICIOUS MISCHIEF: (326)
1. That the offender deliberately caused damage to the property of another.
2. That such act does not constitute arson or other crimes involving destruction.
3. That the act damaging another’s property be committed merely for the sake of damaging it.
Notes:
1. Malicious mischief – willful damaging of another’s property for the sake of causing damage due
to hate, revenge or other evil motive
2. No negligence
3. Example. Killing the cow as revenge
4. If no malice – only civil liability
5. Damage is also diminution in value
6. But after damaging the thing, he used it = theft
7. Damage is not incident of a crime (breaking windows in robbery)
B. SPECIAL CASES OF MALICIOUS MISCHIEF: (328)
1. Obstruct performance of public functions.
2. Using poisonous or corrosive substances.
3. Spreading infection or contagious among cattle.
4. Damage to property of national museum or library, archive, registry, waterworks, road,
promenade, or any other thing ised in common by the public.
Note: Qualified malicious mischief – no uprising or sedition (#1)
C. ELEMENTS OF OTHER MISCHIEF: (329)
1. Not included in 328
1. scattering human excrement
2. killing of cow as an act of revenge
D. ELEMENTS OF DAMAGE AND OBSTIVATION TO MEANS OF COMMUNICATION: (330)
Notes:
1. done by damaging railways, telegraph, telephone lines, electric wires, traction cables, signal
system of railways
2. removing rails from tracks is destruction (art 324)
3. not applicable when telegraph/phone lines don’t pertain to railways (example: for transmission
of electric power/light)
4. people killed as a result:
5. circumstance qualifying the offense if the damage shall result in any derailment of cars, collision
or other accident – a higher penalty shall be imposed
1. murder – if derailment is means of intent to kill
2. none – art 48
E. ELEMENTS OF DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS:
(331)
F. ELEMENTS OF EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY: (332)
Persons exempt from criminal liability:
1. Spouse, ascendants and descendants or relatives by affinity in the same line
2. The widowed spouse with respect to the property w/c belonged to the deceased spouse before
the same passed into the possession of another
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together
Offenses involved in the exemption:
1. Theft
2. Swindling
3. Malicious mischief
Notes:
1. Exemption is based on family relations
2. Parties to the crime not related to the offended party still remains criminally liable
3. Persons exempt include:
1. stepfather/mother (ascendants by affinity)
2. adopted children (descendants)
3. concubine/paramour (spouse)
4. common law spouse (propert is part of their earnings)

Reference:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001
Posted in Criminal Law

1 Comment
Tags: Criminal Law Book 2 - Title Ten

Criminal Law Book 2 – Title Nine


JAN 25

Posted by Magz
TITLE NINE
I. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
A. ELEMENTS OF KIDNAPPING AND SERIOUS ILLEGAL DETENTION: (267)
1.
1. Offender is a private individual
2. He kidnaps or detains another, or in any other manner deprives the latter of his liberty
3. The act of detention or kidnapping must be illegal
4. That in the commission of the offense, any of the following circumstances are present
(becomes serious)
1. that the he kidnapping/detention lasts for more than 3 days
2. that it is committed simulating public authority
3. that any serious physical injuries are inflicted upon the person kidnapped or
detained or threats to kill him are made, or
4. that the person kidnapped or detained is a minor (except if parent is the offender),
female or a public officer
Note: When death penalty is imposed:
1. if kidnapping is committed for the purpose of extorting ransom either from the victim or from
any other person even if none of the aforementioned are present in the commission of the
offense (even if none of the circumstances are present)
2. when the victim is killed or dies as a consequence of the detention or is raped or is subjected to
torture or dehumanizing acts
B. ELEMENTS OF SLIGHT ILLEGAL DETENTION: (268)
1.
1. Offender is a private person
2. He kidnaps or detains another or in any other maner deprives him pof his liberty /
furnished place for the perpetuation of the crime
3. That the act of detention or kidnapping must be illegal
4. That the crime is committed without the attendant of any of the circumstances
enumerated in Art 267
Note: Privileged mitigating circumstances:
If the offender:
1. voluntarily releases the person so kidnapped or detained within 3 days from the commencement
of the detention
2. without having attained the purpose intended and
3. before the institution of criminal proceedings against him
C. ELEMENTS OF UNLAWFUL ARREST: (269)
1. That the offender arrests or detains another person
2. That the purpose of the offender is to deliver him to the proper authorities
1. That the arrest or detention is not authorized by law or there is no reasonable ground
therefor
Notes:
1. Offender is any person, so either a public officer or private individual
2. Refers to warrantless arrests
3. In art 125, the detention is for some legal ground while here, the detention is not authorized by
law
4. In art 125, the crime pertains to failure to deliver the person to the proper judicial authority
within the prescribed period while here, the arrest is not authorized by law
D. ELEMENTS OF KIDNAPPING AND FAILURE TO RETURN A MINOR: (270)
1.
1. That the offender is entrusted with the custody of a minor person (whether over or under
7 but less than 18 yrs old)
2. That he deliberately fails to restore the said minor to his parents
E. ELEMENTS OF INDUCING A MINOR TO ABANDON HIS HOME: (271)
1.
1. That the minor (whether over or under 7) is living in the home of his parents or guardians
or the person entrusted with his custody
2. That the offender induces a minor to abandon such home
Notes:
1. Inducement must be actual, committed with criminal intent and determined by a will to cause
damage
2. Minor should not leave his home of his own free will
3. Mitigating if by father or mother
F. ELEMENTS OF SLAVERY: (272)
1. That the offender purchases. Sells, kidnaps or detains a human being.
2. That the purpose of the offender is to enslave such human being.

Note: Qualifying circumstance – if the purpose of the offender is to assign the offended party to
some immoral traffic (prostitution), the penalty is higher

G. ELEMENTS OF EXPLOITION OF CHILD LABOR: (273)


1. That the offender retains a minor in his service.
2. That it is against the will of the minor.
3. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian
or person entrusted with the custody of such minor.
H. ELEMENTS OF SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT: (274)
1. That the offender compels a debtor to work for him, either as household servant or farm
laborer.
2. That it is against the debtor’s will.
3. That the purpose is to require or enforce the payment of a debt.

II. CRIMES AGAINST SECURITY


A. ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONE’S OWN VICTIM: (275)
Acts punishable:
1. By failing to render assistance to any person whom the offender finds in an inhabited 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
Elements:
1. That place is not inhabited.
2. The accused found there a person wounded or in danger of dying.
3. The accused can render assistance without detriment to himself.
1. The accused fails to render assistance.

1. By failing to help or render assistance to another whom the offender has accidentally wounded
or injured
2. By failing to deliver a child, under 7 whom the offender has found abandoned, to the authorities
or to his family, or by failing to take him to a safe place.
B. ELEMENTS OF ABANDONING A MINOR: (276)
1. That the offender has the custody of a child.
2. That the child is under seven years of age.
3. That he abandons such child.
4. That he has no intent to kill the child when the latter is abandoned.
Notes:
1. Conscious, deliberate, permanent, unless punishable by a more serious offense
2. Qualifying circumstances:
1. when the death of the minor resulted from such abandonment
2. if the life of the minor was in danger because of the abandonment
C. ELEMENTS OF ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY;
INDIFFERENCE OF PARENTS: (277)
Acts punished:
1. By delivering a minor to a public institution or other persons w/o consent of the one who
entrusted such minor to the care of the offender or, in the absence of that one, without the
consent of the proper authorities
Elements:
1. That the offender has charged of the rearing or education of a minor.
2. That he delivers said minor to a public institution or other persons.
3. That the one who entrusted such child to the offender has not consented to such act, or if the
one who entrusted such child to the offender is absent; the proper authorities have not
consented to it.
4. By neglecting his (offender’s) children by not giving them education which their station in life
requires and financial condition permits
Elements:
1. That the offender is a parent.
2. That he neglects his children by not giving them education.
3. That his station in life requires such education and his financial condition permits it.
D. ELEMENTS OF EXPLOITATION OF MINORS: (278)
Acts punished:
1. By causing any boy or girl under 16 to perform any dangerous feat of balancing, physical strength
or contortion, the offender being any person
2. By employing children under 16 who are not the children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer or circus manager or
engaged in a similar calling
3. By employing any descendant under 12 in dangerous exhibitions enumerated in the next
preceding paragraph, the offender being engaged in any of said callings
4. By delivering a child under 16 gratuitously to any person following any of the callings
enumerated in par 2 or to any habitual vagrant or beggar, the offender being an ascendant,
guardian, teacher or person entrusted in any capacity with the care of such child
5. By inducing any child under 16 to abandon the home of its ascendants; guardians, curators or
teachers to follow any person engaged in any of the callings mentioned in par 2 or to accompany
any habitual vagrant or beggar, the offender being any person
Note: Qualifying Circumstance – if the delivery of the child to any person following any of the
callings of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to any habitual
vagrant of beggar is made in consideration of any price, compensation or promise, the penalty is
higher.
E. ADDITIONAL PENALTIES FOR OTHER OFFENSES: (279)
F. ELEMENTS OF TRESPASS TO DWELLING: (280)
1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the latter’s will.
Notes:
1. Qualifying circumstance: if the offense is committed by means of violence or intimidation, the
penalty is higher
2. There must be an opposition to the entry of the accused
3. Implied prohibition is present considering the situation – late at night and everyone’s asleep or
entrance was made through the window
4. Prohibition is not necessary when violence or intimidation is employed by the offender
5. When there is no overt act of the crime intended to be committed, this is the crime
6. May be committed even by the owner (as against the actual occupant)
7. Not applicable to:
1. entrance is for the purpose of preventing harm to himself, the occupants or a third person
2. purpose is to render some service to humanity or justice
3. place is a café, tavern etc while open
8. Medina case: when the accused entered the dwelling through the window, he had no intent to
kill any person inside, but the intention to kill came to his mind when he was being arrested by
the occupants thereof, the crime of trespass to dwelling is a separate and distinct offense from
frustrated homicide
G. ELEMENTS OF OTHER FORMS OF TRESPASS: (281)
1. That the offender enters the closed premises or the fenced estate of another.
2. That the entrance is made while either of them is uninhabited.
3. That the prohibition to enter be manifest.
4. That the trespasser has not secured the permission of the owner or the caretaker thereof.
H. GRAVE THREATS WHERE OFFENDER ATTAINED HIS PURPOSE: (282)
Acts punishable:
1. By threatening another with the infliction upon his person, honor or property 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 (Note: threat is with condition)
Elements:
1. That 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 wrong amounts to a crime.
3. That there is a demand for money or that any other condition is imposed, even though not
unlawful.
4. That the offender attains his purpose.
5. By making such threat without the offender attaining his purpose
6. By threatening another with the infliction upon his person, honor or property or that of his
family of any wrong amounting to a crime, the threat not being subject to a condition (Note:
threat is without condition)
Elements:
1. That 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 wrong amounts to a crime.
3. That the threat is not subject to a condition
Notes:
1. Aggravating circumstances: if made in writing or thru a middleman
2. Frustrated – if not received by the person being threatened
3. Art 284 bond from good behavior may be imposed (only in these offenses)
I. ELEMENTS OF LIGHT THREATS: (283)
1. That the offender makes a threat to commit a wrong.
2. That the wrong does not constitute a crime.
3. That there is a demand for money or that other condition is imposed, even though not unlawful
4. That the offender has attained his purpose or, that he has not attained his purpose
Art 284 bond from good behavior may be imposed Notes:
1. (only in these offenses)
2. The wrong does not amount to a crime
J. BOND FOR GOOD BEHAVIOR: (284)
K. ELEMENTS OF OTHER LIGHT THREATS: (285)
1. Person shall threaten another with a weapon, or draw weapon in a quarrel unless in self-
defense.
2. In the heat of anger, person orally threatens another with some harm constituting a crime,
without persisting in the idea involved in the threat. Subsequent acts did not persist.
3. Person orally threatens another with harm not constituting a felony.
L. ELEMENTS OF GRAVE COERCIONS: (286)
1. That a person prevented another from doing something OR not to do something against his will,
be it right or wrong;
2. That the prevention or compulsion be effected by violence, of force as would produce
intimidation and control the will.
3. That the person that restrained the will and liberty by 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.
M. ELEMENTS OF LIGHT COERCIONS: (287)
1. That the offender must be a creditor.
2. That he seizes anything belonging to his debtor.
3. That the seizure of the thing be accomplished by means of violence or a display of material
force producing intimidation;
4. That the purpose of the offender is to apply the same to the payment of the debt.
N. ELEMENTS OF OTHER SIMILAR COERCIONS: (288)
ELEMENTS OF NO. 1
1. That the offender is any person, agent or officer of any association or corporation.
2. That he or such firm or corporation has employed laborers or employees.
3. That he forces or compels, directly or indirectly, or knowingly permits to be forced or
compelled, any of his or its laborers or employees to purchase merchandise or commodities of
any kind from his or from said firm or corporation.
ELEMENTS OF NO. 2
1. That the offender pays the wages due a laborer or employee employed by him by means of
tokens or objects.
2. That those tokens or objects are other than the legal tender currency to the Philippines.
3. That such employee or laborer does not expressly request that he be paid by means of tokens or
objects.
O. ELEMENTS OF FORMATION, MAINTENANCE, AND PROHIBITION OF COMBINATION OF CAPITAL
OR LABOR THROUGH VIOLENCE OR THREATS: (289)
1. That the offender employs violence or threats, in such a degree as to compel or force the
laborers or employers in the free and legal exercise of their industry or work
2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of
laborers or lockout of employees.

III. DISCOVERY AND REVELATION OF SECRETS


A. ELEMENTS OF DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE: (290)
1. That the offender is a private individual or even a public officer not in the exercise of his official
function,
2. That he seizes the papers or letters of another.
3. That the purpose is to discover the secrets of such another person.
4. That offender is informed of the contents or the papers or letters seized.
Notes:
1. Not applicable to parents with respect to minor children
2. Contents need not be secret but purpose prevails
3. Circumstances qualifying the offense: when the offender reveals contents of such papers or
letters of another to a 3rd person, the penalty is higher
B. ELEMENTS OF REVEALING SECRETS WITH ABUSE OF OFFICE: (291)
1. That the offender is a manager, employee or servant.
2. That he learns the secrets of his principal or master in such capacity.
3. That he reveals such secrets.
C. ELEMENTS OF REVELATION OF INDUSTRIAL SECRETS: (292)
1. That the offender is a person in charge, employee or workman of a manufacturing or industrial
establishment.
2. That the manufacturing or industrial establishment has a secret of the industry which the
offender has learned.
3. That the offender reveals such secrets.
4. That the prejudice is caused to the owner.
Reference:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001
Posted in Criminal Law

4 Comments
Tags: Criminal Law Book 2 - Title Nine

Criminal Law Book 2 – Title Eight


JAN 25

Posted by Magz

TITLE EIGHT
I. CRIMES AGAINST PERSONS

DESTRUCTION OF LIFE
A. ELEMENTS OF PARRICIDE: (246)
1. That a person is killed.
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a
legitimate other ascendant or other descendant, or the legitimate spouse of the accused.
Notes:
1. The relationship of the offender with the victim is the essential element of the felony
2. Parents and children are not included in the term “ascendants” or “descendants”
3. The other ascendant or descendant must be legitimate. On the other hand, the father, mother
or child may be legitimate or illegitimate
4. The child should not be less than 3 days old. Otherwise, the offense is infanticide
5. Relationship must be alleged
6. A stranger who cooperates in committing parricide is liable for murder or homicide
7. Even if the offender did not know that the person he had killed is his son, he is still liable for
parricide because the law does not require knowledge of the relationship
B. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES
Requisites:
1. A legally married person or parent surprises his spouse or daughter (the latter must be under 18
and living with them) in the act of committing sexual intercourse with another person
2. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury
in the act or immediately thereafter
3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not
consented to the infidelity of the other spouse.
Notes:
1. Article does not define or penalize a felony
2. Not necessary that the parent be legitimate
3. Article applies only when the daughter is single
4. Surprise: means to come upon suddenly or unexpectedly
5. Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with
another person. However, it is enough that circumstances reasonably show that the carnal act is
being committed or has been committed
6. Sexual intercourse does not include preparatory acts
7. Immediately thereafter: means that the discovery, escape, pursuit and the killing must all form
parts of one continuous act
8. The killing must be the direct by-product of the rage of the accused
9. No criminal liability is incurred when less serious or slight physical injuries are inflicted.
Moreover, in case third persons caught in the crossfire suffer physical injuries, the accused is not
liable. The principle that one is liable for the consequences of his felonious act is not applicable
because he is not committing a felony
C. ELEMENTS OF MURDER: (248)
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of the following qualifying circumstances
1. with treachery, taking advantage of superior strength, with the aid or armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity
2. in consideration of price, reward or promise
3. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel,
derailment or assault upon a street car or locomotive, fall of airship, by means of motor
vehicles or with the use of any other means involving great waste or ruin
4. on occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public
calamity
5. with evident premeditation
6. with cruelty, by deliberately and inhumanely augmenting the suffering of the victim or
outraging or scoffing at his person or corpse
4. The killing is not parricide or infanticide.
Notes:
1. The victim must be killed in order to consummate the offense. Otherwise, it would be
attempted or frustrated murder
2. Murder will exist with only one of the circumstances. The other circumstances are absorbed or
included in one qualifying circumstance. They cannot be considered as generic aggravating
circumstances
3. Any of the qualifying circumstances must be alleged in the information. Otherwise, they will
only be considered as generic aggravating circumstances
4. Treachery and premeditation are inherent in murder with the use of poison.
D. ELEMENTS OF HOMICIDE: (249)
1. That a person was killed.
2. That the accused killed him without any justifying circumstances.
3. That the accused had the intention to kill, which is presumed.
4. That the killing was not attended by any of the qualifying circumstances of murder, or by that of
parricide or infanticide.
Notes:
1. Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is
required only in attempted or frustrated homicide
2. There is no crime of frustrated homicide through negligence
3. When the wounds that caused death were inflicted by 2 different persons, even if they were not
in conspiracy, each one of them is guilty of homicide
4. In all crimes against persons in which the death of the victim is an element, there must be
satisfactory evidence of (1) the fact of death and (2) the identity of the victim
E. PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE (250)
F. ELEMENTS OF DEATH IN A TUMULTOUS AFFRAY: (251)
1. That there be several persons.
2. That they did not compose groups organized for the common purpose of assaulting and attacking
each other reciprocally.
3. That these several persons quarreled and assaulted one another in a confused and tumultuous
manner.
4. That someone was killed in the course of the affray.
5. That it cannot be ascertained who actually killed the deceased.
6. That the person or persons who inflicted serious physical injuries or who used violence can be
identified.
Notes:
1. Tumultuous affray exists hen at least 4 persons take part in it
2. When there are 2 identified groups of men who assaulted each other, there is no tumultuous
affray
3. Persons liable are:
1. person/s who inflicted serious physical injuries
2. if it is not known who inflicted serious physical injuries on the deceased, all persons who
used violence upon the person of the victim.
G. ELEMENTS OF PHYSICAL INJURIES INFLICTED IN A TUMULTOUS AFFRAY: (252)
1. that there is a tumultuous affray as referred to in the preceding article.
2. That a participant or some participants thereof suffer serious physical injuries or physical
injuries of a less serious nature only.
1. that the person responsible therefor cannot be identified.
2. That all those who appear to have used violence upon the person of the offended party are
known.
H.GIVING ASSISTANCE TO SUICIDE: (253)
 Acts punishable:
1. Assisting another to commit suicide, whether the suicide is consummated or not
2. Lending his assistance to another to commit suicide to the extent of doing the killing himself.
 Notes:
1. A person who attempts to commit suicide is not criminally liable
2. A pregnant woman who tried to commit suicide by means of poison but instead of dying, the
fetus in her womb was expelled, is not liable for abortion
3. Assistance to suicide is different from mercy-killing. Euthanasia/mk is the practice of painlessly
putting to death a person suffering from some incurable disease. In this case, the person does
not want to die. A doctor who resorts to euthanasia may be held liable for murder
4. Penalty is mitigated if suicide is not successful.
I. ELEMENTS OF DISCHARGE OF FIREARMS: (254)
1. that the offender discharges a firearm against or at another person.
2. That the offender has no intention to kill that person.
 Notes:
1. The offender must shoot at another with any firearm without intention of killing him. If the
firearm is not discharged at a person, the act is not punished under this article
2. A discharge towards the house of the victim is not discharge of firearm. On the other hand,
firing a gun against the house of the offended party at random, not knowing in what part of the
house the people were, it is only alarm under art 155.
3. Usually, the purpose of the offender is only to intimidate or frighten the offended party
4. Intent to kill is negated by the fact that the distance between the victim and the offender is 200
yards
5. A person can be held liable for discharge even if the gun was not pointed at the offended party
when it fired for as long as it was initially aimed at or against the offended party.
J. ELEMENTS OF INFANTICIDE: (255)
1. That a child was killed.
2. That the deceased child was less than three days (72 hours) of age.
3. That the accused killed the said child.
Notes:
1. When the offender is the father, mother or legitimate ascendant, he shall suffer the penalty
prescribed for parricide. If the offender is any other person, the penalty is that for murder. In
either case, the proper qualification for the offense is infanticide
2. When infanticide is committed by the mother or maternal grandmother in order to conceal the
dishonor, such fact is only mitigating
3. The delinquent mother who claims that she committed the offense to conceal the dishonor must
be of good reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty
because she has no honor to conceal
4. There is no infanticide when the child was born dead, or although born alive it could not sustain
an independent life when it was killed.
K. ELEMENTS OF INTENTIONAL ABORTION: (256)
1. That there is a pregnant woman.
2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts
upon such pregnant woman.
3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the
accused, the fetus dies, either in the womb or after having been expelled therefrom.
4. That the abortion is intended.
L. ELEMENTS OF UNINTENTIONAL ABORTION: (257)
1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman without intending an abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence that fetus dies, either in the womb or after having been expelled
therefrom.
Notes:
1. Unintentional abortion can also be committed through negligence
1. The accused can only be held liable if he knew that the woman was pregnant
2. If there is no intention to cause abortion and neither was violence exerted, arts 256 and
257 does not apply.
M. ELEMENTS OF ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS: (258)
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by –
1. the pregnant woman herself
2. any other person, with her consent, or
3. any of her parents, with her consent for the purpose of concealing her dishonor.
Notes:
1. Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However,
there is no litigation for the parents of the pregnant women even if their purpose is to conceal
their daughter’s dishonor
2. In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor of
their daughter. This is not so for art 258
N. ELEMENTS OF ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF
ABORTIVES: (259)
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a physician or midwife, causes or assists in causing the abortion.
4. That said physician or midwife takes advantage of his or her scientific knowledge or skill.
Notes:
1. It is not necessary that the pharmacist knew that the abortive would be used to cause abortion.
What is punished is the act of dispensing an abortive without the proper prescription. It is not
necessary that the abortive be actually used
2. If the pharmacist knew that the abortive would be used to cause abortion and abortion results,
he is liable as an accomplice
O. RESPONSIBILITY OF PARTICIPANTS IN A DUEL: (260)
Acts punished:
1. Killing one’s adversary in a duel
2. Inflicting upon the adversary serious physical injuries
3. Making a combat although no physical injuries have been inflicted
Persons liable:
1. Principals – person who killed or inflicted physical injuries upon his adversary, or both
combatants in any other cases
2. Accomplices – as seconds
Notes:
1. Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2 or
more seconds of lawful age on each side, who make the selection of arms and fix all the other
conditions of the fight
2. If death results, the penalty is the same as that for homicide
P. CHALLENGING TO A DUEL: (261)
Acts punishable:
1. Challenging another to a duel
2. Inciting another to give or accept a challenge to a duel
3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel
Persons liable:
1. Challenger
2. Instigators
II. PHYSICAL INJURIES
1. A. MUTILATION: (262)
Kinds of Mutilation
1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ
for reproduction
2. Intentionally making another mutilation, i.e. lopping, 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
the body
Elements:
1. There be a castration i.e. mutilation of organs necessary for generation
2. Mutilation is caused purposely and deliberately
Notes:
1. In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be
considered as mutilation of the second kind
2. Mayhem: refers to any other intentional mutilation
1. B. SERIOUS PHYSICAL INJURIES: (263)
How Committed
1. Wounding
2. Beating
3. Assaulting
4. Administering injurious substances
What are serious physical injuries:
1. Injured person becomes insane, imbecile, impotent or blind
2. Injured person –
1. loses the use of speech or the power to hear or to smell, loses an eye, a hand, foot, arm
or leg
2. loses the use of any such member
3. becomes incapacitated for the work in which he had been habitually engaged
3. Injured person –
1. becomes deformed
2. loses any other member of his body
3. loses the use thereof
4. becomes ill or incapacitated for the performance of the work in which he had been
habitually engaged in for more than 90 days
1. Injured person becomes ill or incapacitated for labor for more than 30 days (but
not more than 90 days)
Notes:
1. Serious physical injuries may be committed through reckless imprudence or simple imprudence
2. There must be no intent to kill
3. Impotent should include inability to copulate and sterility
4. Blindness requires lost of vision in both eyes. Mere weakness in vision is not contemplated
5. Loss of power to hear must involve both ears. Otherwise, it will be considered as serious physical
injuries under par 3
6. Loss of use of hand or incapacity of usual work in par 2 must be permanent
7. Par 2 refers to principal members of the body. Par 3 on the other hand, covers any other
member which is not a principal part of the body. In this respect, a front tooth is considered as a
member of the body, other than a principal member
8. Deformity: means physical ugliness, permanent and definite abnormality. Not curable by natural
means or by nature. It must be conspicuous and visible. Thus, if the scar is usually covered by a
dress, it would not be conspicuous and visible
9. The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth
which impaired appearance is a deformity

10. Deformity by loss of teeth refers to injury which cannot be impaired by the action of the
nature

11. Loss of both outer ears constitutes deformity and also loss of the power to hear. Meanwhile,
loss of the lobule of the ear is only a deformity

12. Loss of the index and middle fingers is either a deformity or loss of a member, not a principal
one of his body or use of the same

13. Loss of the power to hear in the right ear is considered as merely loss of use of some other
part of the body

14. If the injury would require medical attendance for more than 30 days, the illness of the
offended party may be considered as lasting more than 30 days. The fact that there was medical
attendance for that period of time shows that the injuries were not cured for that length of time

15. Under par 4, all that is required is illness or incapacity, not medical attendance

16. In determining incapacity, the injured party must have an avocation at the time of the injury.
Work: includes studies or preparation for a profession
17. When the category of the offense of serious physical injuries depends on the period of the
illness or incapacity for labor, there must be evidence of the length of that period. Otherwise, the
offense will only be considered as slight physical injuries

18. There is no incapacity if the injured party could still engage in his work although less
effectively than before

19. Serious physical injuries is qualified when the crime is committed against the same persons
enumerated in the article on parricide or when it is attended by any of the circumstances defining
the crime of murder. However, serious physical injuries resulting from excessive chastisement by
parents is not qualified serious physical injuries

1. C. ELEMENTS OF ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES: (264)


1. That the offender inflicted upon another person any serious physical injury
2. That it was done knowingly administering to him any injurious substances or beverages or
by taking advantage of his weakness of mind of credulity
3. He had no intent to kill
Notes:
1. It is frustrated murder when there is intent to kill
2. Administering means introducing into the body the substance, thus throwing of the acid in the
face is not contemplated.
1. D. ELEMENTS OF LESS SERIOUS PHYSICAL INJURIES: (265)
1. That the offended party is incapacitated for labor for 10 days or more (but not more than
30 days), or needs medical attendance for the same period of time
2. That the physical injuries must not be those described in the preceding articles
Notes:
1. Circumstances qualifying the offense:
1. when there is manifest intent to insult or offend the injured person
2. when there are circumstances adding ignominy to the offense
3. when the victim is either the offender’s parents, ascendants, guardians, curators or
teachers
4. when the victim is a person of rank or person in authority, provided the crime is not
direct assault
5. It falls under this article even if there was no incapacity but the medical treatment was
for 13 days
1. E. SLIGHT PHYSICAL INJURIES: (266)
3 Kinds:
1. That which incapacitated the offended party for labor from 1-9 days or required medical
attendance during the same period
2. That which did not prevent the offended party from engaging in his habitual work or which did
not require medical attendance (ex. Black-eye)
3. Ill-treatment of another by deed without causing any injury (ex. slapping but without causing
dishonor)
1. F. RAPE (ART 355)
The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against
Persons incorporated into Title 8 of the RPC to be known as Chapter 3
Elements: Rape is committed
1. By a man who have carnal knowledge of a woman under any of the following circumstances:
1. through force, threat or intimidation
2. when the offended party is deprived of reason or otherwise unconscious
3. by means of fraudulent machination or grave abuse of authority
4. when the offended party is under 12 years of age or is demented, even though none of
the circumstances mentioned above be present
5. By any person who, under any of the circumstances mentioned in par 1 hereof, shall
commit an ac of sexual assault by inserting
1. his penis into another person’s mouth or anal orifice, or
2. any instrument or object, into the genital or anal orifice of another person
Rape committed under par 1 is punishable by:
1. reclusion perpetua
2. reclusion perpetuato DEATH when
1. victim became insane by reason or on the occasion of rape
2. b. the rape is attempted and a homicide is committed by reason or on the occasion
thereof
3. DEATH when
1. homicide is committed
2. victim under 18 years and offender is:
1. parent
2. ascendant
3. step-parent
4. guardian
5. relative by consanguinity or affinity with the 3rd civil degree or
6. common law spouse of parent of victim
3. c. under the custody of the police or military authorities or any law enforcement or
penal institution
4. committed in full view of the spouse, parent or any of the children or other relatives
within the 3rd degree of consanguinity
5. 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 of the crime
6. a child below 7 years old
7. g. offender knows he is afflicted with HIV or AIDS or any other sexually transmissible
disease and the virus is transmitted to the victim
8. h. offender; 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
9. victim suffered permanent physical mutilation or disability
10. j. the offender knew of the pregnancy of the offended party at the time of the
commission of the crime; and
11. k. when the offender knew of the mental disability, emotional disorder and/or physical
handicap or the offended party at the time of the commission of the crime
Rape committed under par 2 is punishable by:
1. 1. prision mayor
2. 2. prision mayor to reclusion temporal
1. use of deadly weapon or
2. by two or more persons
3. reclusion temporal – when the victim has become insane
4. reclusion temporal to reclusion pepetua – rape is attempted and homicide is committed
5. reclusion perpetua – homicide is committed by reason or on occasion of rape
6. reclusion temporal – committed with any of the 10 aggravating circumstances mentioned above
Notes:
1. The underscored words are the amendments provided by RA 8353
2. Dividing age in rape:
1. less than 7 yrs old, mandatory death
2. less than 12 yrs old, statutory rape
3. less than 18 yrs old and there is relationship (e.g. parent etc); mandatory death

Reference:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001
Posted in Criminal Law

1 Comment
Tags: Criminal Law Book 2 - Title Eight

Criminal Law Book 2 – Title Seven


JAN 25

Posted by Magz
TITLE SEVEN

CRIMES COMMITTED BY PUBLIC OFFICERS


Article 203
 WHO ARE PUBLIC OFFICERS:
1. Takes part in the performance of public functions in the Government, or
2. Performs public duties as an employee, agent or subordinate official in the gov’t or any of its
branches
 Notes:
1. Public officer must derive his authority from:
2. direct provision of law
3. popular election
4. appointment by competent authority
5. Public officers: embraces every public servant from the lowest to the highest rank
6. A government laborer is not a public officer. However, temporary performance by a laborer of
public functions makes him a public officer
7. Misfeasance: means improper performance of an act which might be properly be performed
8. Malfeasance: means performance of an act which ought not to be done
9. Nonfeasance: means omission of an act which ought to be done

MALFEASANCE AND MISFEASANCE IN OFFICE

Malfeasance Doing of an act which a public officer should not have done
Misfeasance Improper doing of an act which a person might lawfully do
Nonfeasance Failure of an agent to perform his undertaking for the principal
 ELEMENTS OF KNOWINGLY RENDERING AN UNJUST JUDGMENT:
1. Offender is a judge
2. Renders a judgment in the case submitted to him for judgment
3. Judgment is unjust
4. Knowledge that the decision is unjust
 Notes:
1. Judgment: is a final consideration and determination by a court of competent jurisdiction of the
issues submitted to it in an action or proceeding
2. Unjust judgment: one which is contrary to law, or not supported by the evidence, or both
3. An unjust judgment may result from:
4. error (with bad faith)
5. ill-will or revenge
6. bribery
1. There must be evidence that the decision rendered is unjust. It is not presumed
2. Abuse of discretion or mere error of judgment cannot likewise serve as basis for rendering
an unjust judgment in the absence of proof or even an allegation of bad faith (motive or
improper consideration).

Article 205
 ELEMENTS OF JUDGMENT RENDERED THROUGH NEGLIGENCE:
1. Offender is a judge
2. Renders a judgment in a case submitted to him for decision
3. Judgment is manifestly unjust
4. Due to inexcusable negligence or ignorance
 Manifestly unjust judgment: one that is so contrary to law that even a person having meager
knowledge of the law cannot doubt the injustice

Article 206
 ELEMENTS OF UNJUST INTERLOCUTORY ORDER:
1. That the offender is a judge.
2. That he performs any of the following acts:
1. knowingly renders unjust interlocutory order or decree, or
2. renders a manifestly unjust interlocutory order or decree through inexcusable negligence
or ignorance.
 Interlocutory order: one issued by the court deciding a collateral or incidental matter. It is not a
final determination of the issues of the action or proceeding

Article 207
 ELEMENTS OF MALICIOUS DELAY IN THE ADMINISTRATION OR JUSTICE:
1. That the offender is a judge.
2. That there is a proceeding in his court.
3. That he delays the administration of justice.
4. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to
inflict damage on either party in the case.
 Mere delay without malice is not punishable

Article 208
 ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF OFFENSES:
1. That the offender is a public officer or officer of the law who has a duty to cause the
prosecution of, or to prosecute offenses.
2. That there is dereliction of the duties of his office, that is, knowing the commission of the
crime, he does not cause (a) the prosecution of the criminal (People vs. Rosales, G.R. no. 42648)
or (b) knowing that a crime is about to be committed he tolerates its commission (if
gift/promise is a consideration for his conduct: direct bribery)
3. That the offender acts with malice and deliberate intent to favor the violator of the law.
 PREVARICACION: negligence and tolerance in the prosecution of an offense
 There must be a duty on the part of the public officer to prosecute or move for the prosecution
of the offender. Note however, that a fiscal is under no compulsion to file an information based
upon a complaint if he is not convinced that the evidence before him does not warrant filing an
action in court
 The crime must be proved first before an officer can be convicted of dereliction of duty
 A public officer who harbors, conceals, or assists in the escape of an offender, when it is his
duty to prosecute him is liable as principal in the crime of dereliction of duty in the prosecution
of offenses. He is not an accessory
 Article not applicable to revenue officers

Article 209
 ELEMENTS OF BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR (NOT NECESSARILY A
PUBLIC OFFICER ALTHOUGH ALL LAWYERS ARE OFFICERS OF THE COURT):
1. Causing damage to client (prejudice is essential) either
1. by any malicious breach of professional duty, or
2. by inexcusable negligence or ignorance.
3. Revealing any of the secrets of his client learned by him in his professional capacity
(damage not necessary)
4. Undertaking the defense of the opposing party of the 1 st client and/or having received
confidential information from the latter and without the latter’s consent (damage not
necessary)

Article 210
 ELEMENTS OF DIRECT BRIBERY:
1. That the offender be a public officer within the scope of Art 203
2. That the offender accepts an offer or promise or receives a gift or present by himself or through
another
3. That such offer or promise be accepted or gift/present received by the public officer (mere
agreement consummates the crime)
1. with a view to committing some crime (delivery of consideration is not necessary) or
2. in consideration of an execution if an act which does not constitute a crime, but the act
must be unjust (delivery of consideration is necessary), or
3. to refrain from doing something which 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
 For purposes of this article, temporary performance of public functions is sufficient to constitute
a person a public officer. A private person may commit this crime only in the case in which
custody of prisoners is entrusted to him
 Applicable also to assessors, arbitrators, appraisal and claim commissioners, experts or any other
person performing public duties
 Cannot be frustrated, only attempted or consummated.
 Bribery exists when the gift is:
 Actual receipt of the gift is not necessary. An accepted offer or promise of a gift is sufficient.
However, if the offer is not accepted, only the person offering the gift is liable for attempted
corruption of a public officer
 The gift must have a value or capable of pecuniary estimation. It could be in the form of money,
property or services
 If the act required of the public officer amounts to a crime and he commits it, he shall be liable
for the penalty corresponding to the crime
 The third type of bribery and prevaricacion (art 208) are similar offenses, both consisting of
omissions to do an act required to be performed. In direct bribery however, a gift or promise is
given in consideration of the omission. This is not necessary in prevaricacion
1. voluntarily offered by a private person
2. solicited by the public officer and voluntarily delivered by the private person
3. solicited by the public officer but the private person delivers it out of fear of the consequences
should the public officer perform his functions (here the crime by giver is not corruption of
public officials due to involuntariness).

Bribery (210) Robbery (294)

When the victim did not commit a crime and


When the victim has committed a he is intimidated with arrest and/or
crime and gives money/gift to avoid prosecution to deprive him of his personal
arrest or prosecution. property.
Victim parts with his money or Victim is deprived of his money or property
property voluntarily. by force or intimidation.

ANTI-GRAFT AND CORRUPT PRACTICES ACT


RA 3019
 Persons Liable:
1. Any public officer who shall perform any of the following acts:
2. Any person having family or close personal relation with any public official who shall capitalize
or exploit or take advantage of such family or close personal relation by directly or indirectly
requesting or receiving any present, gift, or material, or pecuniary advantage from any person
having some business, transaction, application, request, or contact with the government in
which such public official has to intervene (Sec. 4)
3. Any person who shall knowingly induce or cause any public official to commit any of the offenses
under (A). (Sec. 4)
4. Spouse or any relative, by consanguinity or affinity, within the 3 rd civil degree, of the president
of the Philippines, the vice-president, the president of the Senate, or speaker of the house of
Representatives, who shall intervene, directly or indirectly, in any business transaction, contract
or application with the gov’t (Sec. 5).
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 party 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
of capacity, has secured or obtained, or will secure or obtain, any Government permit or
license, in consideration for the held given or to be given.
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 function 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 of 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. Directly or indirectly having financial or pecuniary interest in any business, contract or
transaction in connection with which he intervenes or take 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.
This prohibition shall not apply to:
1. Any person who, prior to the assumption of office of any of the above officials to whom he is
related, has been already dealing with the gov’t along the same line of business;
2. Any transaction, contract or application already existing or pending at the time of such
assumption of public office;
3. Any application filed by him, the approval of which is not discretionary on the part of the
official(s) concerned but depends upon compliance with requisites provided by law, or rules or
regulations issued pursuant to law;
4. Any act lawfully performed an official capacity or in the exercise of a profession.
5. Any member of congress, during the term for which he has been elected, who shall acquire or
receive any personal pecuniary interest in any specific business enterprise which shall be
directly and particularly favored or benefited by any law or resolution authored by him
previously approved or adopted by Congress during his term.
6. Any public officer who shall fail to file a true, detailed and sworn statement of assets and
liabilities within 30 days after assuming office and thereafter on or before the 15 th day of April
following the close of every calendar year, as well as upon the expiration of his term of office,
or upon his resignation or separation from office (Sec. 7).

II. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. 8)

 If a public official has been found to have acquired during his incumbency, whether in his name
or in the name of other persons, an amount of property and/or money manifestly out of
proportion to his salary and to his other lawful income.
 Properties in the name of the spouse and dependents of such public official may be taken into
consideration, when their acquisition through legitimate means cannot be satisfactorily shown.
 Bank deposits in the name of or manifestly excessive expenditures incurred by the public
official, his spouse or any of their dependents including but not limited to activities in any club
or association or any ostentatious display of wealth including frequent travel abroad of a non-
official character by any public official when such activities entail expenses evidently out of
proportion to legitimate income.

III. Competent court: All prosecutions under this Act shall be within the original jurisdiction of the

Sandiganbayan (Sec. 10).

IV. Prescription of offenses: all offenses punishable under this Act shall prescribe in 15 years (Sec.
11).

V. Exceptions: Unsolicited gifts or presents of small or insignificant value offered or given as a


mere ordinary token of gratitude of friendship according to local customs or usage, shall be
excepted from the provisions of this act (Sec. 14).

Article 211
 ELEMENTS OF INDIRECT BRIBERY:
1. That the offender is a public officer.
2. That he accepts gifts.
3. That the said gifts are offered to him by reason of his office.
 The gift is given in anticipation of future favor from the public officer
 There must be clear intention on the part of the public officer to take the gift offered and
consider the property as his own for that moment. Mere physical receipt unaccompanied by any
other sign, circumstance or act to show such acceptance is not sufficient to convict the officer
 There is no attempted or frustrated indirect bribery
 The principal distinction between direct and indirect bribery is that in the former, the officer
agrees to perform or refrain from doing an act in consideration of the gift or promise. In the
latter case, it is not necessary that the officer do any act. It is sufficient that he accepts the gift
offered by reason of his office
 Public officers receiving gifts and private persons giving gifts on any occasion, including
Christmas are liable under PD 46.
 The criminal penalty or imprisonment is distinct from the administrative penalty of suspension
from the service

Article 211-A
 ELEMENTS OF QUALIFIED BRIBERY
1. Public officer entrusted with law enforcement
2. Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua and/or
death
3. (if lower penalty than stated above, the crime is direct bribery)
4. In consideration of any offer, promise or gift

Article 212
 ELEMENTS OF CORRUPTION OF PUBLIC OFFICIALS:
1. That the offender makes offers or promises or gives gifts or present to a public officer.
2. 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 offender is the giver of the gift or the offeror of the promise. The act may or may not be
accomplished
 Under PD 749, givers of bribes and other gifts as well as accomplices in bribery and other graft
cases are immune from prosecution under the following circumstances:
1. information refers to consummated violations
2. necessity of the information or testimony
3. the information and testimony are not yet in the possession of the State
4. information and testimony can be corroborated on its material points
5. informant has been previously convicted of a crime involving moral turpitude
 See the Anti-graft and Corrupt Practices Act

II. FRAUDS AND ILLEGAL EXACTIONS AND


TRANSACTIONS
Article 213
 ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY: (par. 1)
1. That the offender be a public officer.
2. That he should have taken advantage of his office, that is, he intervened in the transaction in his
official capacity.
3. That he entered into an agreement with any interested party or speculator or made use of any
other scheme with regard to (a) furnishing supplies (b) the making of contracts, or (c) the
adjustment or settlement of account relating to a public property or funds.
4. That the accused had intent to defraud the government.
 Notes:
1. The public officer must act in his official capacity
2. The felony is consummated by merely entering into an agreement with any interested party or
speculator or by merely making use of any scheme to defraud the Government
 ELEMENTS OF ILLEGAL EXACTIONS:
1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other
imposts.
2. He is guilty of any of the following acts or omissions:
1. demanding, directly or indirectly the payment of sums different from or larger than those
authorized by law, or
2. failing voluntarily to issue a receipt, as provided by law, for any sum of money collected
by him officially, or
3. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or
objects of a nature different from that provided by law.
 Notes:
1. Mere demand of a larger or different amount is sufficient to consummate the crime. The essence
is the improper collection (damage to gov’t is not required)
2. If sums are received without demanding the same, a felony under this article is not
committed. However, if the sum is given as a sort of gift or gratification, the crime is indirect
bribery
3. When there is deceit in demanding larger fees, the crime committed is estafa
4. May be complexed with malversation
5. Officers and employees of the BIR or Customs are not covered by the article
6. The NIRC of Administrative Code is the applicable law

Article 214
 ELEMENTS OF OTHER FRAUDS:
1. That the offender is a public officer.
2. That he takes advantage of his official position.
3. That he commits any of the frauds or deceits enumerated in art. 315 and 316. (estafa; swindling)
 Note: RTC has jurisdiction over the offense because the principal penalty is disqualification
Article 215
 ELEMENTS OF PROHIBITED TRANSACTIONS:
1. That the offender is an appointive public officer.
2. That he becomes interested, directly or indirectly, in any transaction of exchange or
speculation.
3. That the transaction takes place within the territory subject to his jurisdiction.
4. That he becomes interested in the transaction during his incumbency.
 Notes:
1. Examples of transactions of exchange or speculation are: buying and selling stocks, commodities,
land etc wherein one hopes to take advantage of an expected rise or fall in price
2. Purchasing of stocks or shares in a company is simple investment and not a violation of the
article. However, regularly buying securities for resale is speculation

Article 216
POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER :
 Who are liable:
1. Public officer – in any contract or business in which it is his official duty to intervene.
2. Experts, arbitrators and private accountants – in any contract or transaction connected with the
estate or property in the approval, distribution or adjudication of which they had acted.
3. Guardians and executors – with respect to property belonging to their wards or the estate.
 Notes:
1. Actual fraud is not necessary.
2. Act is punished because of the possibility that fraud may be committed or that the officer may
place his own interest above that of the Government or party which he represents

AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER


RA 7080
1. Definition of Ill-gotten wealth:

Any asset, property, business enterprise or material possession of any person acquired by him
directly or indirectly through dummies, nominees, agents, subordinates, and/or business
associates by any combination or series of the following means or similar schemes:

1. Through misappropriation, conversion, misuse or malversation of public funds or raids on the


public treasury.
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 National
Government or any of its subdivisions, agencies or instrumentalities or government-owned or
controlled corporations 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 the promise of future employment in any
business enterprise or undertaking.
5. By establishing agricultural, industrial or commercial monopolies or other combinations, and/or
implementation 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 expense and to the damage or prejudice of the
Filipino people and the Republic of the Philippines.

1. Persons Liable:
1. Any public officer who, by himself or in connivance with members of his family, relatives
by affinity or consanguinity, business associates and subordinates or other persons,
amasses, accumulates, or acquires ill-gotten wealth through a combination or series of
overt or criminal acts as described under (I) in the aggregate amount or total value of at
least 50 million pesos, shall be guilty of the crime of plunder (as amended by RA 7659).
2. Any person who participated with the said public officer in the commission of plunder.
1. Jurisdiction: All prosecutions under this At shall be within the original jurisdiction of the
Sandiganbayan.
1. Rule of Evidence:

For purposes of establishing the crime of plunder, it shall not be necessary to prove each and
every criminal act done by the accused in furtherance of the scheme and conspiracy to amass,
accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a
pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy.

1. Prescription of Crime:

The crime of plunder shall prescribe in 20 years. However, the right of the State to recover
properties unlawfully acquired by public officers from them or from their nominees or transferees
shall not be barred by prescription, laches or estoppel.

III. MALVERSATION OF PUBLIC FUNDS OR


PROPERTY
Article 217
 ELEMENTS COMMON TO ALL ACTS MALVERSATION OF PUBLIC FUNDS OR PROPERTY :
1. That the offender be a public officer (or private person if entrusted with public funds or
connived with public officers)
2. That he had the custody or control of funds or property (if not accountable for the funds, theft
or qualified theft)
3. That those funds or property were public funds or property (even if private funds if attached,
seized, deposited or commingled with public funds)
4. That he:
1. Appropriated the funds or property
2. Took or misappropriated them
3. Consented or, through abandonment or negligence, permitted any other person to take
such public funds or property. (it is not necessary that the offender profited thereby. His
being remiss in the duty of safekeeping public funds violates the trust reposed)
 Malversation is otherwise called embezzlement
 It can be committed either with malice or through negligence or imprudence
 In determining whether the offender is a public officer, what is controlling is the nature of his
office and not the designation
 The funds or property must be received in an official capacity. Otherwise, the crime committed
is estafa
 When a public officer has official custody or the duty to collect or receive funds due the
government, or the obligation to account for them, his misappropriation of the same constitutes
malversation
 A public officer who has qualified charge of gov’t property without authority to part with its
physical possession upon order of an immediate superior, he cannot be held liable under this
article
 Private individuals can also be held liable for malversation under 2 circumstances:
1. when they are in conspiracy with public officers; and
2. when they have charge of national, provincial or municipal funds, revenues or property in any
capacity
 In malversation through negligence, the negligence of the accountable public officer must be
positively and clearly shown to be inexcusable, approximating fraud or malice
 The measure of negligence to be observed is the standard of care commensurate with the
occasion
 When malversation is not committed through negligence, lack of criminal intent or good faith is
a defense
 The failure of a public officer to have any duly forthcoming public funds or property upon
demand, by any authorized officer, shall be prima facie evidence that he has put such missing
funds or property to personal use. However, if at the very moment when the shortage is
discovered, the accountable officer is notified, and he immediately pays the amount from his
pocket, the presumption does not arise
 Returning the embezzled funds is not exempting, it is only mitigating
 There is also no malversation when the accountable officer is obliged to go out of his office and
borrow the amount corresponding to the shortage and later, the missing amount is found in an
unaccustomed place
 A person whose negligence made possible the commission of malversation by another can be
held liable as a principal by indispensable cooperation
 Demand as well as damage to the government are not necessary elements

Malversation (217) Estafa with Abuse of Confidence (315)

Funds or property usually public Funds/property are always private


Offender is usually a public officer who Offender is a private individual or even a
is accountable for the public public officer who is not accountable for
funds/property public funds/property
Crime is committed by approaching,
taking, or misappropriating/consenting,
or through abandonment or negligence, Crime is committed by misappropriating,
permitting any other person to take the converting, or denying having received
public funds/property money, goods or other personal property

Article 218
 ELEMENTS OF FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS :
1. That the offender is a public officer, whether in the service or separated therefrom.
2. That he must be an accountable officer for public funds property.
3. That he is required by law or regulation to render accounts to the commission on audit, or to a
provincial auditor.
4. That he fails to do so for a period of two months after such accounts should be rendered.
 Note: Demand and misappropriation are not necessary

Article 219
 ELEMENTS OF FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE
LEAVING THE COUNTRY :
1. That the offender is a public officer.
2. That he must be an accountable officer for public funds or property.
3. That he must have unlawfully left (or be on the point of leaving) the Philippines without securing
from the Commission on Audit a certificate showing that his accounts have been finally settled.
 Note: The act of leaving the Philippines must be unauthorized or not permitted by law

Article 220
 ELEMENTS OF ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (technical malversation):
1. That the offender is a public officer.
2. That there is public fund or property under his administration.
3. That such public fund or property has been appropriated by law or ordinance (without this, it is
simple malversation even if applied to other public purpose).
4. That he applies the same to a public use other than for which such fund or property has been
appropriated by law or ordinance.
 To distinguish this article with Art 217, just remember that in illegal use of public funds or
property, the offender does not derive any personal gain, the funds are merely devoted to some
other public use
 Absence of damage is only a mitigating circumstance

Article 221
 ELEMENTS OF FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY
1. Offender has gov’t funds or property in his possession
2. He is under obligation to either:
1. make payment from such funds
2. to deliver property in his custody or administration when ordered by competent authority
3. He maliciously fails or refuses to do so
 Note: Penalty is based on value of funds/property to be delivered

Article 222
 PERSONS WHO MAY BE HELD LIABLE UNDER ARTS 217 TO 221
1. Private individual who, in any capacity, have charge of any national, provincial or municipal
funds, revenue, or property
2. Administrator or depositary of funds or property that has been attached, seized or deposited by
public authority, even if owned by a private individual
 Sheriffs and receivers fall under the term “administrator”
 A judicial administrator in charge of settling the estate of the deceased is not covered by the
article

IV. INFIDELITY OF PUBLIC OFFICERS

Article 223
 ELEMENTS OF CONNIVING WITH OR CONSENTING TO EVASION
1. That the offender is a public officer (on duty).
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 escaped from his custody
4. That he was in connivance with the prisoner in the latter’s escape
 Detention prisoner: refers to a person in legal custody, arrested for and charged with some
crime or public offense
 The release of a detention prisoner who could not be delivered to judicial authorities within the
time fixed by law is not infidelity in the custody of a prisoner. Neither is mere leniency or laxity
in the performance of duty constitutive of infidelity
 There is real and actual evasion of service of sentence when the custodian permits the prisoner
to obtain a relaxation of his imprisonment

Article 224
 ELEMENTS OF EVASION THROUGH NEGLIGENCE:
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.
4. Penalty based on nature of imprisonment
 The article punishes a definite laxity which amounts to deliberate non-performance of a duty
 The fact that the public officer recaptured the prisoner who had escaped from his custody does
not afford complete exculpation
 The liability of an escaping prisoner:
1. if he is a prisoner by final judgment, he is liable for evasion of service (art 157)
2. if he is a detention prisoner, he does not incur criminal liability (unless cooperating with the
offender).

Article 225
 ELEMENTS OF ESCAPES OF PRISONERS UNDER THE CUSTODY OF A PERSON NOT A PUBLIC
OFFICER :
1. That the offender is a private person (note: must be on duty)
2. That the conveyance or custody of a prisoner or person under arrest is confined to him.
3. That the prisoner or person under arrest escapes.
4. That the offender consents to the escape of the prisoner or person under arrest, or that the
escape takes place through his negligence
 Note: This article is not applicable if a private person made the arrest and he consented to the
escape of the person he arrested

Article 226
 ELEMENTS OF REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS Infidelity in
custody of documents:
1. That the offender be a public officer.
2. That he abstracts, destroys or conceals a document or papers.
3. That the said document or paper should have been entrusted to such public officer by reason of
his office.
4. That damage, whether serious or not, to a third party or to the public interest should have been
caused.
 The document must be complete and one by which a right could be established or an obligation
could be extinguished
 Books, periodicals, pamphlets etc are not documents
 “Papers” would include checks, promissory notes and paper money
 A post office official who retained the mail without forwarding the letters to their destination is
guilty of infidelity in the custody of papers
 Removal of a document or paper must be for an illicit purpose. There is illicit purpose when the
intention of the offender is to:
1. tamper with it
2. to profit by it
3. to commit any act constituting a breech of trust in the official thereof
 Removal is consummated upon removal or secreting away of the document from its usual place.
It is immaterial whether or not the illicit purpose of the offender has been accomplished
 Infidelity in the custody of documents through destruction or concealment does not require
proof of an illicit purpose
 Delivering the document to the wrong party is infidelity in the custody thereof
 The damage may either be great or small
 The offender must be in custody of such documents

Article 227
 ELEMENTS OF OFFICER BREAKING SEAL :
1. That the offender is a public officer.
2. That he is charged with the custody of papers or property.
3. That these papers or property are sealed by proper authority.
4. That he breaks the seals or permits them to be broken.
 It is the breaking of the seals and not the opening of a closed envelope which is punished
 Damage or intent to cause damage is not necessary; damage is presumed

Article 228
 ELEMENTS OF OPENING OF CLOSED DOCUMENTS:
1. That the offender is a public officer.
2. That any closed papers, documents, or objects are entrusted to his custody.
3. That he opens or permits to be opened said closed papers, documents or objects.
4. That he does not have proper authority.
 Note: Damage also not necessary

Article 229
REVELATION OF SECRET BY AN OFFICER:
 ELEMENTS OF PAR.1: BY REASON OF HIS OFFICIAL CAPACITY
1. That the offender is a public officer.
2. That he knows of a secret by reason of his official capacity.
3. That he reveals such secret without authority or justifiable reasons.
4. That damage, great or small, be caused to the public interest.
5. (damage is essential)
 Notes:
1. Secret must affect public interest
2. Secrets of a private individual is not included
3. Espionage for the benefit of another State is not contemplated by the article. If regarding
military secrets or secrets affecting state security, the crime may be espionage.
 ELEMENTS OF PAR 2 – DELIVERING WRONGFULLY PAPERS OR COPIES OF PAPERS OF WHICH HE
MAY HAVE CHARGE AND WHICH SHOULD NOT BE PUBLISHED:
1. That the offender is a public officer.
2. That he has charge of papers.
3. That those papers should not be published.
4. That he delivers those papers or copies thereof to a third person.
5. That the delivery is wrongful.
6. That damage be caused to public interest.
 Notes:
1. “Charge”: means custody or control. If he is merely entrusted with the papers and not with the
custody thereof, he is not liable under this article
2. If the papers contain secrets which should not be published, and the public officer having charge
thereof removes and delivers them wrongfully to a third person, the crime is revelation of
secrets. On the other hand, if the papers do not contain secrets, their removal for an illicit
purpose is infidelity in the custody of documents
3. Damage is essential to the act committed

Article 230
 ELEMENTS OF PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL:
1. That the offender is a public officer
2. That he knows of the secret of a private individual by reason of his office.
3. That he reveals such secrets without authority or justification reason.
 Revelation to one person is sufficient
 If the offender is an attorney, he is properly liable under Art 209 (betrayal of trust by an
attorney)
 Damage to private individual is not necessary

V. OTHER OFFENSES OR IRREGULARITIES BY


PUBLIC OFFICERS

Article 231
 ELEMENTS OF OPEN DISOBEDIENCE:
1. That the offender is a judicial or executive officer.
2. That there is a judgment, decision or order of superior authority.
3. That such judgment, decision or order was made within the scope of the jurisdiction of the
superior authority and issued with all the legal formalities.
4. that the offender without any legal justification openly refuses to execute the said judgment,
decision or under which he is duty bound to obey.
 Note: Judgment should have been rendered in a hearing and issued within proper jurisdiction
with all legal solemnities required

Article 232
 ELEMENTS OF DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID ORDER WAS
SUSPENDED BY INFERIOR OFFICER:
1. That the offender is a public officer.
2. That an order is issued by his superior for execution.
3. That he has for any reason suspended the execution of such order.
4. That his superior disapproves the suspension of the execution of the order.
5. That the offender disobeys his superior despite the disapproval of the suspension.
 Note: A public officer is not liable if the order of the superior is illegal

Article 233
 ELEMENTS OF REFUSAL OF ASSISTANCE:
1. That the offender is a public officer.
2. That a competent authority demands from the offender that he lend his cooperation towards the
administration of justice or other public service.
3. That the offender fails to do so maliciously.
 Involves a request from one public officer to another
 Damage to the public interest or third party is essential
 Demand is necessary

Article 234
 ELEMENTS OF REFUSAL TO DISCHARGE ELECTIVE OFFICE:
1. That the offender is elected by popular election to a public office.
2. That he refuses to be sworn in or discharge the duties of said office.
3. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said
office.
 Note: Even if the person did not run for the office on his own will as the Constitution provides
that every citizen may be required to render service

Article 235
 ELEMENTS OF MALTREATMENT OF PRISONERS:
1. That the offender is a public officer or employee.
2. That he has under charge a prisoner or detention prisoner (otherwise the crime is physical
injuries)
3. That he maltreats such prisoner in either of the following manners:
1. by overdoing himself in the correction or handling of a prisoner or detention prisoner
under his charge either –
 by the imposition of punishments not authorized by the regulations, or
 by inflicting such punishments (those authorized) in a cruel and humiliating manner, or
1. by maltreating such prisoner to extort a confession or to obtain some information from the
prisoner.
 The public officer must have actual charge of the prisoner in order to be held liable
 To be considered a detention prisoner, the person arrested must be placed in jail even for just a
short while
 Offender may also be held liable for physical injuries or damage caused

Article 236
 ELEMENTS OF ANTICIPATION OF DUTIES OF A PUBLIC OFFICE:
1. That the offender is entitled to hold a public office or employment, either by election or
appointment.
2. That the law requires that he should first be sworn in and/or should first give a bond.
3. That he assumes the performance of the duties and powers of such office.
4. That he has not taken his oath of office and./or given the bond required by law.

Article 237
 ELEMENTS OF PROLONGING PERFORMANCE OF DUTIES AND POWERS:
1. That the offender is holding a public office.
2. That the period provided by law, regulations or special provisions for holding such office has
already expired.
3. That he continues to exercise the duties and powers of such office.
 Note: The article contemplates officers who have been suspended, separated or declared over-
aged or dismissed

Article 238
 ELEMENTS OF ABANDONMENT OF OFFICE OR POSITION :
1. That the offender is a public officer.
2. That he formally resigns from his position.
3. That his resignation has not yet been accepted.
4. That he abandons his office to the detriment of the public service.
 There must be formal or written resignation
 The offense is qualified if the purpose behind the abandonment is to evade the discharge of
duties consisting of preventing, prosecuting or punishing any of the crimes against national
security. The penalty is higher. This involves the following crimes:
1. treason
2. conspiracy and proposal to commit conspiracy
3. misprision of treason
4. espionage
5. inciting to war or giving motives to reprisals
6. violation of neutrality
7. correspondence with hostile country
8. flight to enemy country
9. piracy and mutiny on the high seas
10. rebellion
11. conspiracy and proposal to commit rebellion
12. disloyalty to public officers
13. inciting to rebellion
14. sedition
15. conspiracy to commit sedition
16. inciting to sedition

Abandonment of Office or Position (238) Dereliction of Duty (208)

There is actual abandonment through Public officer does not abandon his office
resignation to evade the discharge of but merely fails to prosecute a violation
duties. of the law.

Article 239
 ELEMENTS OF USURPATION OF LEGISLATIVE POWERS:
1. That the offender is an executive or judicial officer.
2. That he (a.) makes general rules or regulations beyond the scope of his authority or (b.)
attempts to repeal a law or (c.) suspends the execution thereof.
Article 240
 ELEMENTS OF USURPATION OF EXECUTIVE FUNCTIONS:
1. That the offender is a judge.
2. That he (a.) assumes a power pertaining to the executive authorities, or (b.) obstructs executive
authorities in the lawful exercise of their powers.
 Note: Legislative officers are not liable for usurpation of executive functions

Article 241
 ELEMENTS OF USURPATION OF JUDICIAL FUNCTIONS:
1. That the offender is an officer of the executive branch of the government.
2. That he (a.) assumes judicial powers, or (b.) obstruct the execution of any order decision
rendered by any judge within his jurisdiction.
 Note: A mayor is guilty under this article when he investigates a case while a justice of the
peace is in the municipality

Article 242
 ELEMENTS OF DISOBEYING REQUEST FOR DISQUALIFICATION:
1. That the offender is a public officer.
2. That a proceeding is pending before such public officer.
3. That there is a question brought before the proper authority regarding his jurisdiction, which is
not yet decided.
4. That he has been lawfully required to refrain from continuing the proceeding.
5. That he continues the proceeding.

Article 243
 ELEMENTS OF ADDRESSING ORDERS OR REQUESTS BY EXECUTIVE OFFICER TO ANY JUDICIAL
AUTHORITY:
1. That the offender is an executive officer.
2. That the addresses any order or suggestion to any judicial authority.
3. That the order or suggestion relates to any case or business coming within the exclusive
jurisdiction of the courts of justice.
 Note: Legislative or judicial officers are not liable under this article

Article 244
 ELEMENTS OF UNLAWFUL APPOINTMENTS:
1. That the offender is a public officer.
2. That he nominates or appoints a person to a public office.
3. That such person lacks the legal qualification therefor.
4. That the offender knows that his nominee or appointee lacks the qualification at the time he
made the nomination or appointment.
 Recommending, knowing that the person recommended is not qualified is not a crime
 There must be a law providing for the qualifications of a person to be nominated or appointed to
a public office

Article 245
 ELEMENTS OF ABUSES AGAINST CHASTITY:
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 –
1. 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, or
2. under the custody of the offender who is a warden or other public officer directly charged
with care and custody of prisoners or person under arrest, or
3. the wife, daughter, sister or relative within the same degree by affinity of the person in
the custody of the offender
 The mother of the person in the custody of the public officer is not included
 Solicit: means to propose earnestly and persistently something unchaste and immoral to a
woman
 The advances must be immoral or indecent
 The crime is consummated by mere proposal
 Proof of solicitation is not necessary when there is sexual intercourse

Reference:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001
Posted in Criminal Law

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Tags: Criminal Law Book 2 - Title Seven

Criminal Law Book 2 – Title Six


JAN 25

Posted by Magz
TITLE SIX
I. CRIMES AGAINST PUBLIC MORALS
GAMBLING (195-99 repealed by PDs 449, 483 and 1602 as amended)
1. Illegal cockfighting (PD 449)
2. Betting, game-fixing or point shaving and machinations in sports contests (PD 438)
3. Illegal gambling

PENALIZING BETTING, GAME-FIXING OR POINT-SHAVING AND


MACHINATIONS IN SPORTS CONTESTS
PD 483
 Acts Punishable:
1. Betting: Betting money or any object or article of value of representative value upon the result
of any game, races and other sports contests.
2. Game-fixing: any arrangement, combination, scheme or agreement by which the result of any
game, races, or sports contests shall be predicated and/or known other than on the basis of the
honest playing skill or ability of the players or participants.
3. Point-shaving: any such arrangement combination, scheme or agreement by which the skill or
ability of any player or participant in a fame, races, or sports contests to make points of scores
shall be limited deliberately in order to influence the result thereof in favor of one or other
team, player or participant.
4. Game Machination: any other fraudulent, deceitful, unfair or dishonest means, method, manner
or practice employed for the purpose of influencing the result of any game, races or sports
contest.

COCKFIGHTING LAW OF 1974


PD 449
1. Scope – This law shall govern the establishment, operation, maintenance and ownership of
cockpits.
2. Rules:
1. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own,
manage and operated cockpits.
2. Only one cockpit shall be allowed in each city or municipality with a population of
100,000 or less.
3. Cockpits shall be constructed and operated within the appropriate areas as prescribed in
the Zoning Law or ordinance.
4. When allowed:
1. Cockfighting shall be allowed only in licensed cockpits during Sundays and legal
holidays and during local fiestas for not more than 3 days; or
2. During provincial, city or municipal, agricultural, commercial or industrial fair,
carnival or exposition for a similar period of 3 days upon resolution of the province,
city or municipality where such fair, carnival or exposition is to be held, subject to
the approval of the Chief of Constabulary or his authorized representative.
Limitations:

a) No cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the
month of the local fiesta or for more than 2 occasions a year in the same city of municipality.

b) No cockfighting shall be held on December 30, June 12,November 30, Holy Thursday, Good
Friday, Election Day and during registration days for such election/referendum.

1. If the purpose is for the entertainment of foreign dignitaries or for tourists, or for returning
balikbayans, or for the support of national fund-raising campaigns for charitable purposes as may
be authorized by the Office of the President upon resolution of a provincial board, city or
municipal council, in licensed cockpits or in playgrounds or parks.

Limitations: This privilege shall be extended for only one time, for a period not exceeding 3 days,
within a year to a province, city or municipality.

1. No gambling of any kind shall be permitted on the premises of the cockpit or place of
cockfighting during cockfights.
2. City or municipal mayors are authorized to issue licenses for the operation and maintenance of
cockpits.

II. OFFENSES AGAINST DECENCY AND GOOD


CUSTOMS
Article 200
 ELEMENTS OF GRAVE SCANDAL:
1. Offender performs an act
2. Act is highly scandalous as offending against decency or good customs
3. Highly scandalous conduct does not expressly fall within any other article of the RPC
4. Committed in a public place or within the public knowledge or view. (The public view is not
required, it is sufficient if in public place. For public knowledge, it may occur even in a private
place; the number of people who sees it is not material).
 Grave scandal: consists of acts which are offensive to decency and good customs. They are
committed publicly and thus, give rise to public scandal to persons who have accidentally
witnessed the acts
 Decency: means properly observing the requirements of modesty, good taste etc
 Customs: refers to established usage, social conventions carried on by tradition and enforced by
social disapproval in case of violation
 If the acts complained of are punishable under another provision of the RPC, Art 200 is not
applicable
 The essence of grave scandal is publicity and that the acts committed are not only contrary to
morals and good customs but must likewise be of such character as to cause public scandal to
those witnessing it.
Article 201
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS:
 Persons liable:
1. Those who publicly expound or proclaim doctrines that are contrary to public morals
2. Authors of obscene literature, published with their knowledge in any form
3. Editors publishing such obscene literature
4. Owners or operators of establishments selling obscene literature
5. Those who exhibit indecent or immoral plays, scenes, acts or shows ion theaters, fairs, cinemas
or any other place
6. Those who sell, distribute, or exhibit prints, engraving, sculptures or literature which are
offensive to morals
 Morals: implies conformity to generally accepted standards of goodness or rightness in conduct
or character
 Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds of those
who are open to immoral influences. A matter can also be considered obscene if it shocks the
ordinary and common sense of men as indecency.
 However, Art 201 enumerates what are considered as obscene literature or immoral or indecent
plays, scenes or acts:
 Mere nudity in paintings and pictures is not obscene
 Pictures w/ a slight degree of obscenity having no artistic value and intended for commercial
purposes fall within this article
 Publicity is an essential element
1. those w/c glorify criminals or condone crimes
2. those w/c serve no other purpose but to satisfy the market for violence, lust or pornography
3. those w/c offend against any race or religion
4. those w/c tend to abet the traffic in and the use of prohibited drugs
5. those that are contrary to law, public order, morals, good customs, established policies, lawful
orders, decrees and edicts

Article 202
VAGRANTS AND PROSTITUTES:
 Who are considered vagrants:
1. Those who have no apparent means of subsistence and who have the physical ability to work yet
neglect to apply themselves to some useful calling
2. Persons found loitering around public and semi-public places without visible means of support
3. Persons tramping or wandering around the country or the streets with no visible means of
support
4. Idle or dissolute persons lodging in houses of ill-fame
5. Ruffians or pimps and those who habitually associate with prostitutes (may include even the
rich)
6. Persons found loitering in inhabited or uninhabited places belonging to others, without any
lawful or justifiable reason provided the act does not fall within any other article of the RPC

If fenced and with prohibition of entry Trespass to dwelling


If fenced and entered to hunt/fish Attempted theft
If not fenced and with no prohibition of
entry Vagrancy
 Who are considered prostitutes – refer to women who habitually indulge in sexual intercourse or
lascivious conduct for money or profit (if a man indulges in the same conduct: vagrancy)

Reference:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001

Posted in Criminal Law

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Tags: Criminal Law Book 2 - Title Six

Criminal Law Book 2 – Title Five


JAN 25

Posted by Magz
TITLE FIVE
CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS (190-194)
THE DANGEROUS DRUGS ACT OF 1972
(RA No. 6425, as amended)

I. Acts Punishable:
1. importation of prohibited drugs
2. sale, administration, delivery, distribution and transportation of prohibited drugs
3. maintenance of a den, dive or resort for prohibited drug users
4. being employees or visitors of drug den
5. manufacture of prohibited drugs
6. possession or use
7. cultivation of plants
8. failure to comply with provisions relative to keeping of records of prescription
9. unnecessary prescription
10. possession of opium pipe and other paraphernalia
11. Importation, sale, etc. of regulated drugs
 Importation of prohibited/regulated drugs.
 Sale, administration, delivery, distribution and transaction of prohibited/regulated drugs.
Qualifying Circumstances – if the victim of the offense is a minor or should a prohibited/regulated
drug involve in any offense under this section be the proximate cause of the death of a victim
thereof, the maximum penalty herein shall be imposed.
 Maintenance of a den, dive, or resort for prohibited/regulated drug users.
Qualifying Circumstance – where a prohibited/regulated drug is administered, delivered, or sold
to a minor who is allowed to use the same in such place, or should a prohibited drug be the
proximate cause of the death of the person using the same in such den, dive or resort, the
maximum of the penalty shall be imposed.
 Manufacture of prohibited/regulated drugs.
 Possession of prohibited/regulated drugs.

· Cultivation of plants which are sources of


prohibited drugs.
a Note: The land/portions thereof and/or greenhouses in which any of the said plants is
cultivated or cultured shall be confiscated and escheated to the State, unless the owner thereof
can prove that he did not know of such cultivation or culture despite the exercise of due diligence
on his part.
b Qualifying Circumstance – if the land involved is part of the public domain, the maximum of
the penalty herein provided shall be imposed.

· Failure to keep records of prescription,


sales, purchases, acquisitions and/or deliveries
of prohibited/regulated drugs
Persons liable:

Pharmacist, Physician, Dentist, Veterinarian,


Manufacturer, Wholesaler, Importer, Distributor,
Dealer, Retailer
· Unlawful prescription of
prohibited/regulated drugs
· Unnecessary prescription of
prohibited/regulated drugs
Persons Liable: Physician or dentist who shall prescribe any prohibited/regulated drug for any
person whose physical/physiological condition does not require the use of thereof.

· Possession of opium pipe, equipment,


apparatus or any paraphernalia fit or intended
for smoking, consuming, administering,
injecting, ingesting, or otherwise using opium or
any other prohibited drug, shall be prima facie
evidence that the possessor has smoked,
consumed, administered to himself, injected or
used a prohibited drug.
· Attempt and conspiracy to commit the
following offenses:
a Importation of dangerous drugs

b Sale, administration, delivery, distribution and transportation of dangerous drugs

c Maintenance of a den, dive or resort for prohibited drugs

d Manufacture of dangerous drugs

e Cultivation or culture of plants which are sources of prohibited drugs

 Other persons liable:

a If the violation of the Act is committed by a partnership, corporation, association or any


judicial person, the partner, president, director, or manager who consents to or knowingly
tolerates such violation shall be held criminally liable as co-principal.

b Partner, president, director, manager, officer or stockholder, who knowingly authorizes,


tolerates, or consents to the use of a vehicle, vessel, or aircraft as an instrument in the
importation, sale, delivery, distribution or transportation of dangerous drugs, or to the use of
their equipment, machines or other instruments in the manufacture of any dangerous drugs, if
such vehicle, vessel, aircraft, equipment, or other instrument, is owned or under the control and
supervision of the partnership, corporation, association or judicial entity to which they are
affiliated.

c Government official, employee or officer who is found guilty of “planting” any dangerous
drugs in the person or in the immediate vicinity of another as evidence to implicate the latter.

II. For the purpose of enforcing the provisions of this Act, all school heads, supervisors
and teachers shall be deemed to be persons in authority and, as such, are vested with the
power to apprehend, arrest, or cause the apprehension or arrest of any person who shall
violate any of the said provision.
1. NOTE: They shall be considered as persons in authority id they are in the school or within its
immediate vicinity, or beyond such immediate vicinity of they are in attendance in any school or
class function in their official capacity as school heads, supervisors or teachers.
2. Any teacher or school employee who discovers or finds that any person in the school or within its
immediate vicinity is violating this Act shall have the duty to report the violation to the school
head or supervisor who shall, in turn, report the matter to the proper authorities. Failure to
report in either case shall, after hearing, constitute sufficient cause for disciplinary action. (Sec.
28)
1. III. Rules:
1. Voluntary submission of a drug dependent to confinement, treatment and rehabilitation by the
drug dependent himself or through his parent, guardian or relative within the 4 th civil degree of
consanguinity or affinity, in a center and compliance with such conditions therefor as the
Dangerous Drugs Board may prescribe shall exempt from criminal liability for possession or use of
the prohibited/regulated drug.
2. Should the drug dependent escape from the center, he may submit himself for confinement
within 1 week from the date of his escape, of his parent guardian or relative may, within the
same period surrender him for confinement.
3. Upon application of the Board, the Court shall issue an order for recommitment if the drug
dependent does not resubmit himself for confinement or if he is not surrendered for
recommitment.
4. If, subsequent to such recommitment, he should escape again, he shall no longer be exempt
from criminal liability for the use or possession of any dangerous drug.
5. If a person charged with an offense is found by the fiscal or by the Court at any stage of the
proceedings, to be a drug dependent, the fiscal or court as the case may be, shall suspend all
further proceedings and transmit records of the case to the Board.
6. After his rehabilitation, he shall be prosecuted for such violation. In case of conviction, the
judgement shall, if the accused is certified by the treatment and rehabilitation center to have
maintained good behavior, indicate that he shall be given full credit for the period he was
confined in the center.
NOTE: When the offense is possession or use of dangerous drugs and the accused is not a
recidivist, the penalty thereof shall be deemed to have been served in the center upon his release
therefrom.
7. The period of prescription of the offense charged shall not run during the time that the
respondent/accused is under detention or confinement in a center.
8. Requisites of suspension of sentence for first offense in a minor:
1. If accused is a minor (under 18 years of age at the time of the commission of the offense but not
more than 21 years of age when the judgement should have been promulgated.
2. He has not been previously convicted of violating any provision of this Act or of the RPC or
placed on probation.
 Sentence shall be deferred and the accused shall be placed on probation under the supervision
of the Board.
 In case of violation of conditions of pardon, court shall pronounce judgement of conviction and
he shall serve sentence.
 If accused did not violate conditions of probation, case shall be dismissed upon expiration of the
designated period.
 Notes:

a Cultivation of plants – Sec 9 – land, portions of land, greenhouse on which any of the plants is
cultivated – confiscated and escheated to the State. UNLESS: owner can prove that he had no
knowledge of the cultivation despite due diligence

b If land is part of the public domain – maximum penalty imposed

c Possession of opium pipe and other paraphernalia – prima facie evidence that the possessor
has smoked, consumed, administered himself, used prohibited drugs

d Drug penalties of Reclusion Perpetua to Death or a fine of Php 500,000 to 10M apply when:

Opium 40 grams up

Morphine 40 grams up

Shabu 200 grams up

Heroin 40 grams up

Indian hemp 750 grams up

MJ resin 50 grams up

Cocaine 40 grams up

Other drugs Quantity far beyond therapeutic requirement


(if quantity is less than prescribed – penalty is PC to RP depending upon the quantity)

e RA 7659 – PD 1619 – Possession and Use of Volatile Substances

1. mere attempt to sell, import – already a crime under Article 6


2. conspiracy to sell, deliver, import – already a crime under Article 8
f Buy Bust Operation – no law or rule to require policemen to adopt a uniform way of
identifying BUY MONEY (P v. Abedes)

g Absence of ultraviolet power is not fatal in the prosecution

h Transportation/importation of MJ – immaterial whether there may or may not be a distinction


for the MJ

i Distinguish Entrapment and Instigation:


1. If prosecution can prove the crime without presenting the informer or asset – not necessary
because their testimonies are merely corroborative. Poseur buyer – it depends on whether the
prosecution can prove the crime without their testimonies (P v. Rosalinda Ramos)
2. Under the RA, special aggravating circumstance if a crime has been committed while the
accused was high on drugs (P v. Anthony Belgar)
3. Delivery or Sale of Prohibited Drugs – the accused must be aware that what he is selling or
delivering was prohibited drug. But the moment the fact of sale or delivery is proved by
prosecution, the burden to prove that the accused is not aware that drugs are prohibited falls on
the defense (P v. Aranda)
4. P v. Angelito Manalo – burden of proving the authority to possess shabu is a matter of defense
5. P v. Hilario Moscaling – court may take judicial notice of the word “shabu”
6. Criminal liabilities of a policeman who sold the drugs confiscated from a pusher: violation of RA
6425 and malversation under RPC.

j Planting evidence – to implicate another

k Buy Bust Operation – form of entrapment (P v. Alberto) – not necessary to have prior police
surveillance (P v. Carlos Franca)
l Possession – constructive or actual – not necessary to adduce the marked money as evidence
(P v. Romeo Macara)

m Separate crimes – sale/possession of MT found in his possession after he was frisked but he
can’t be convicted for possession of MJ that he sold

n If victim is minor or drug is proximate cause of death – max penalty is imposed under Sec 4, 5,
15, 15-a

1. If imposable penalty: RP to death – no plea bargaining


2. If offender: government official, employees, officers or found guilty of planting evidences –
same penalty
3. First offense of a minor – suspension of sentence
 under 18 at time of commission but not more than 21 at time when judgment was promulgated
 found guilty of possession or use of prohibited or regulated drugs
 not been previously convicted of violating any provision of this Act or the RPC
 not been placed on probation
 defer sentence, place on probation for 6 months to 1 year
 violation of probation – pronounce sentence – convict and serve sentence
 no violation – discharge him and dismiss the proceeding
 if minor is drug dependent – commit to a center for treatment and rehabilitation

Reference:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001
Posted in Criminal Law

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Tags: Criminal Law Book 2 - Title Five

Criminal Law Book 2 – Title Four


JAN 25

Posted by Magz

TITLE FOUR
I. CRIMES AGAINST PUBLIC INTEREST

Article 161
 TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT:
1. Forging the great seal of the Government
2. Forging the signature of the President
3. Forging the stamp of the President
 When the signature of the President is forged, it is not falsification but forging of signature
under this article
 Signature must be forged, others signed it – not the President.

Article 162
 USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP:
1. That the great seal of the republic was counterfeited or the signature or stamp of the chief
executive was forged by another person.
2. That the offender knew of the counterfeiting or forgery.
3. That he used the counterfeit seal or forged signature or stamp.
 Offender is NOT the forger/not the cause of the counterfeiting

Article 163
 ELEMENTS OF MAKING AND IMPORTING AND UTTERING FALSE COINS:
1. That there be false or counterfeited coins (need not be legal tender).
2. That the offender either made, imported or uttered such coins.
3. That in case of uttering such false or counterfeited coins, he connives with counterfeiters or
importers.
 Coin is counterfeit – if it is forged, or if it is not an article of the government as legal tender,
regardless if it is of no value
 Counterfeiting – imitation of legal or genuine coin (may contain more silver, different design)
such as to deceive an ordinary person in believing it to be genuine
 Utter – to pass counterfeited coins, deliver or give away
 Import – to bring to port the same
 Both Philippine and foreign state coins
 Applies also to coins withdrawn from circulation
 Essence of article: making of coins without authority

Article 164
 ELEMENTS OF MULTILATION OF COINS – IMPORTATION AND UTTERANCE:

This has been repealed by PD 247. Under this PD, the acts punishable are:

1. willful defacement
2. mutilation
3. tearing
4. burning
5. destruction of Central Bank notes and coins
 Mutilation – to take off part of the metal either by filling it or substituting it for another metal
of inferior quality, to diminish by inferior means (to diminish metal contents).
 Foreign notes and coins not included. Must be legal tender.
 Must be intention to mutilate.

Article 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE
 2 Types
1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same,
knowing that it is false or mutilated.
ELEMENTS:
1. possession
2. with intent to utter, and
3. knowledge
4. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated.
ELEMENTS:
1. actually uttering, and
2. knowledge.
 Possession does not require legal tender in foreign coins
 Includes constructive possession
 Read RA 427

Article 166
FORGING TREASURY OR BANK NOTES – IMPORTING AND UTTERING
 Acts punishable:
1. Forging or falsity of treasury/bank notes or documents payable to bearer
2. Importing of such notes
3. Uttering of such false or forged obligations and notes in connivance with forgers and importers
 Forging – by giving a treasury or bank note or document payable to bearer/order an appearance
of a true and genuine document
 Falsification – by erasing, substituting, counterfeiting or altering by any means the figures and
letters, words, signs contained therein
 E.g. falsifying – lotto or sweepstakes ticket. Attempted estafa through falsification of an
obligation or security of the Phil
 PNB checks not included here – it’s falsification of commercial document under Article 172
 Obligation or security includes: bonds, certificate of indebtedness, bills, national bank notes,
coupons, treasury notes, certificate of deposits, checks, drafts for money, sweepstakes money

Article 167
 ELEMENTS OF COUNTERFEITING, IMPORTING, AND UTTERING INSTRUMENTS NOT PAYABLE TO
BEARER:
1. That there be an instrument payable to order or other document of credit not payable to bearer.
2. That the offender either forged, imported or uttered such instruments.
3. That in case of uttering, he connived with the forger or importer.
Article 168
 ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND
OTHER INSTRUMENT OF CREDIT:
1. That any treasury or bank note or certificate or other obligation and security payable to bearer,
or any instrument payable to order or other document of credit not payable to bearer is forged
or falsified by another person.
2. That the offender knows that any of those instruments is forged or falsified.
3. That he performs any of these acts –
1. using any of such forged or falsified instrument, or
2. possessing with intent to use any of such forged or falsified instrument.
 Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury
or bank notes

Article 169
FORGERY
 How forgery is committed:
 if all acts done but genuine appearance is not given, the crime is frustrated
1. by giving to a treasury or bank note or any instrument payable to bearer or to order, the
appearance of a true and genuine document
2. by erasing, substituting, counterfeiting, altering by any means the figures, letters or words, or
signs contained therein.

Article 170
 ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS:
1. That these be a bill, resolution or ordinance enacted or approved or pending approval by the
national assembly or any provincial board or municipal council.
2. That the offender (any person) alters the same.
3. That he has no proper authority therefor.
4. That the alteration has changed the meaning of the document.
 Accused must not be a public official entrusted with the custody or possession of such document
otherwise Art 171 applies.

Article 171
FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY OR
ECCLESTASTICAL MINISTER
 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:
1. Counterfeiting or imitating any handwriting, signature or rubric.
Requisites:
1. That there be an intent to imitate, or an attempt to imitate
2. That the two signatures or handwritings, the genuine and the forged, bear some resemblance, to
each other
 (lack of similitude/imitation of a genuine signature will not be a ground for conviction under
par. 1 but such is not an impediment to conviction under par. 2)
1. Causing it to appear that persons have participated in any act or proceeding when they did not
in fact so participate.
2. Attributing to persons who have participated in an act or proceeding statements other than
those in fact made by them.
Requisites:
1. That the offender caused it to appear in a document that a person/s participated in an act or a
proceeding; and
2. That such person/s did not in fact so participate in the act or proceeding
3. Making untruthful statements in a narration of facts;
Requisites:
1. That the offender makes in a document statements in a narration of facts
2. That he has a legal obligation to disclose the truth of the facts narrated by him; (required by law
to be done) and
3. That the facts narrated by the offender are absolutely false; and
4. That the perversion or truth in the narration of facts was made with the wrongful intent of
injuring a third person
 There must be a narration of facts, not a conclusion of law. Must be on a material matter
 Legal obligation means that there is a law requiring the disclosure of the truth of the facts
narrated. Ex. Residence certificates
 The person making the narration of facts must be aware of the falsity of the facts narrated by
him. This kind of falsification may be committed by omission
1. Altering true dates. – date must be essential
2. Making any alteration or intercalation in a genuine document which changes its meaning.
Requisites:
1. That there be an alteration (change) or intercalation (insertion) on a document
2. That it was made on a genuine document
3. That the alteration/intercalation has changed the meaning of the document
4. That the change made the document speak something false.
5. Issuing in an 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; (if no knowledge, falsification through negligence) or
6. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or
official book. (genuine document)
7. 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.
 There is no crime of attempted or frustrated falsification of public document
 Persons liable – public officer, employee or notary public or ecclesiastical minister
 If offender does not take advantage of his public position, he may still be liable for falsification
of documents by a private person
 Document: any written statement by which a right is established or an obligation is extinguished
 Not necessary that what is falsified is a genuine or real document, enough that it gives an
appearance of a genuine article
 Counterfeiting – imitating any handwriting, signature or rubric
 Feigning – simulating a signature, handwriting, or rubric out of one of which does not in fact
exist

Article 172
FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL
(par 1)
 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.
1. Counterfeiting or imitating any handwriting, signature or rubric.
2. Causing it to appear that persons have participated in any act or proceeding when they
did not in fact so participated.
3. Attributing to persons who have participated in an act or proceeding statements other
than those in fact made by them.
4. Making untruthful statements in a narration of facts;
5. Altering true dates.
6. Making any alteration or intercalation in a genuine document which changes its meaning.
7. That the falsification was committed in any public or official or commercial document.
 Under this paragraph, damage is not essential, it is presumed
 Defense: lack of malice or criminal intent
 The following writings are public:
 Examples of commercial documents – warehouse receipts, airway bills, bank checks, cash files,
deposit slips and bank statements, journals, books, ledgers, drafts, letters of credit and other
negotiable instruments
 Cash disbursement vouchers or receipts evidencing payments are not commercial documents
 A mere blank form of an official document is not in itself a document
 The possessor of falsified document is presumed to be the author of the falsification
1. the written acts or records of cats of the sovereign authority of official bodies and tribunals, and
of the public officers, legislative, judicial and executive, whether of the Philippines or of a
foreign country.
2. Public records kept in the Philippines.

FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172. OF PRIVATE DOCUMENT


 ELEMENTS :
1. That the offender committed any of the acts of falsification, except those in paragraph 7 and 8,
enumerated in art. 171.
2. That the falsification was committed in any private document (must affect the truth or integrity
of the document)
3. That the falsification caused damage (essential element; hence, no crime of estafa thus
falsification of private document) to a third party or at least the falsification was committed
with intent to cause such damage.
 Not necessary that the offender profited or hoped to profit from the falsification
 A document falsified as a necessary means to commit another crime must be public, official or
commercial
 There is no complex crime of estafa through falsification of a private document because the
immediate effect of the latter is the same as that of estafa
 If the estafa was already consummated at the time of the falsification of a private document
was committed for the purpose of concealing the estafa, the falsification is not punishable,
because as regards the falsification of the private document there was no damage or intent to
cause damage.
 A private document may acquire the character of a public document when it becomes part of an
official record and is certified by a public officer duly authorized by law
 The crime is falsification of public documents even if falsification took place before the private
document becomes part of the public records.

USE OF FALSIFIED DOCUMENT (par. 3, art. 172)


 ELEMENTS:
1. Introducing in a judicial proceeding:
1. That the offender knew that a document was falsified by another person.
2. That the false document is embraced in art. 171 or in any subdivisions nos. 1 and 2 of art. 172.
3. That he introduced said document in evidence in any judicial proceeding. (intent to cause
damage not necessary)
4. that the offender knew that a document was falsified by another person.
5. That the false document is embraced in art. 171 or in any of subdivisions nos. 1 and 2 of art.
172.
6. That he used such documents (not in judicial proceedings).
7. That the use of the documents caused damage to another or at least was used with intent to
cause such damage.
2. Use in any other transaction
 The user of the falsified document is deemed the author of falsification, if:
1. the use is so closely connected in time with the falsification
2. the user had the capacity of falsifying the document

Falsification of Private Documents Falsification of Public/Official Documents

Prejudice to third persons is immaterial, what


is punished is the violation of public faith and
Prejudice to third party is an perversion of truth which the document
element of the offense. proclaims.

Article 173
FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE MESSAGES, AND USE OF
SAID FALSIFIED MESSAGES
 Acts punishable:
1. Uttering fictitious, wireless, telegraph or telephone message

Requisites:

1. That the offender is an officer or employee of the government or an officer or employee of a


private corporation, engaged in the service of sending or receiving wireless, cable or telephone
message.
2. That the accused commits any of the following acts:

– uttering fictitious wireless, cable, telegraph, or telephone message, or

– falsifying wireless, cable, telegraph, or telephone message

1. Falsifying wireless, telegraph or telephone message


Requisites:
1. That the offender is an officer or employee of the government or an officer or employee of a
private corporation, engaged in the service of sending or receiving wireless, cable or telephone
message.
2. That the accused commits any of the following acts:

– uttering fictitious wireless, cable, telegraph, or telephone message, or

– falsifying wireless, cable, telegraph, or telephone message

1. Using such falsified message


Requisites:
1. That the accused knew that wireless, cable, telegraph, or telephone message was falsified by
any of the person specified in the first paragraph of art. 173.
2. That the accused used such falsified dispatch.
3. That the use of the falsified dispatch resulted in the prejudice of a third party, or that the use
thereof was with intent to cause such prejudice.
 The public officer, to be liable must be engaged in the service of sending or receiving wireless,
cable and telegraph or telephone message

Article 174
FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES OF MERIT OR SERVICE AND THE LIKE:
 Persons liable:
1. Physician or surgeon who, in connection with the practice of his profession, issued a false
certificate (note: such certificate must refer to the illness or injury of a person)
2. Public officer who issued a false certificate of merit of service, good conduct or similar
circumstances
3. Private individual who falsified a certificate under (1) and (2)

Article 175
 ELEMENTS OF USING FALSE CERTIFICATES:
1. That a physician or surgeon has issued a false medical certificate, or a public officer has issued a
false certificate of merit or service, good conduct, or similar circumstances, or a private person
had falsified any of said certificates.
2. That the offender knew that the certificate was false.
3. That he used the same.

Article 176
MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR FALSIFICATION:
 Acts punishable:
1. Making or introducing into the Philippines any stamps, dies or marks or other instruments or
implements for counterfeiting or falsification
2. Possessing with intent to use the instruments or implements for counterfeiting or falsification
made in or introduced into the Philippines by another person
 The implement confiscated need not form a complete set
 Constructive possession is also punished

II. OTHER FALSITIES


Article 177
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:
 2 ways of committing the crime:
1. By knowingly and falsely representing oneself to be an officer, agent or representative of any
department or agency of the Philippine gov’t or any foreign gov’t.
2. By performing an act pertaining to any person in authority or public officer of the Phil gov’t or
foreign gov’t under the pretense of such official position, and without being lawfully entitled to
do so.
 In usurpation of authority: The mere act of knowingly and falsely representing oneself is
sufficient. Not necessary that he performs an act pertaining to a public officer.
 In usurpation of official functions: It is essential that the offender should have performed an act
pertaining to a person in authority
 A public officer may also be an offender
 The act performed without being lawfully entitled to do so must pertain:
1. to the gov’t
2. to any person in authority
3. to any public office

Article 178
USING FICTITIOUS NAME AND CONCEALING TRUE NAME
 ELEMENTS (using fictitious name) :
1. That the offender uses a name other than his real name.
2. That he uses that fictitious name publicly.
3. That the purpose of the offender is –
1. To conceal a crime,
2. To evade the execution of a judgment, or
3. To cause damage to public interest. (ex. Signing fictitious name for a passport)
 ELEMENTS (concealing true name):
1. that the offender conceals –
2. his true name, and
3. all other personal circumstances.
1. that the purpose is only to conceal his identity.

Use of Fictitious Name (178) Concealing True Name (178)

Element of publicity must be present Publicity not necessary


Purpose is to conceal a crime, to evade the
execution of a judgement, or to cause damage Purpose is to conceal identity
Article 179
 ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:
1. That the offender makes use of insignia, uniform or dress.
2. That the insignia, uniform or dress pertains to an office not held by the offender or to a class of
persons of which he is not a member.
3. That said insignia, uniform or dress is used publicly and improperly.
 an exact imitation of the dress or uniform is unnecessary

Article 180
 ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT:
1. That there be a criminal proceeding.
2. That the offender testifies 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 convinced in
a final judgment (prescriptive period starts at this point)
 Requires criminal intent, can’t be committed through negligence. Need not impute guilt upon
the accused
 The defendant must at least be sentenced to a correctional penalty or a fine or must have been
acquitted
 The witness who gave false testimony is liable even if the court did not consider his testimony
 Penalty is dependent upon sentence imposed on the defendant

Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case:
 False testimony by negative statement is in favor of the defendant
 False testimony need not in fact benefit the defendant
 A statement of a mere opinion is not punishable
 Conviction or acquittal is not necessary (final judgement is not necessary). The false testimony
need not influence the acquittal
 A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to
another person the commission of the offense is liable under this article. If he merely denies the
commission of the offense, he is not liable.
 Basis of penalty: gravity of the felony charged against the defendant

Article 182
 ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES:
1. That the testimony must be given in a civil case.
2. That the testimony must relate to the issues presented in said case.
3. That the testimony must be false.
4. That the false testimony must be given by the defendant knowing the same to be false.
5. That the testimony must be malicious and given with an intent to affect the issues presented in
the said case
 Not applicable when testimony given in a special proceeding (in this case, the crime is perjury)
 Basis of penalty: amount involved in the civil case

Article183
ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION:
1. That an accused made a statement under oath or made 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, and
4. That the sworn statement or affidavit containing the falsity is required by law.

 2 ways of committing perjury:


 Subornation of perjury: procures another to swear falsely. Solemn affirmation: refers to non-
judicial proceedings and affidavits
 A false affidavit to a criminal complaint may give rise to perjury
 A matter is material when it is directed to prove a fact in issue
 A “competent person authorized to administer an oath” means a person who has a right to
inquire into the questions presented to him upon matters under his jurisdiction
 There is no perjury through negligence or imprudence since the assertion of falsehood must be
willful and deliberate
 Even if there is no law requiring the statement to be made under oath, as long as it is made for
a legal purpose, it is sufficient
 Perjury is an offense which covers false oaths other than those taken in the course of judicial
proceedings
 False testimony before the justice of the peace during the P.I. may give rise to the crime of
perjury because false testimony in judicial proceedings contemplates an actual trial where a
judgment of conviction or acquittal is rendered
 A person who knowingly and willfully procures another to swear falsely commits subornation of
perjury and the witness suborned does testify under circumstances rendering him guilty of
perjury.
 The false testimony is not in a judicial proceeding
1. by falsely testifying under oath
2. by making a false statement

Article 184
 ELEMENTS OF OFFERING FALSE TESTIMONY IN EVIDENCE:

a That the offender offered in evidence a false witness or false testimony.

b That he knew the witness or the testimony was false.

c That the offer was made in a judicial or official proceeding.

 Article applies when the offender without inducing another, but knowing him to be a false
witness, presented him and the latter testified falsely in a judicial or official proceeding
 The false witness need not be convicted of false testimony. The mere offer is sufficient.

III. FRAUDS
Article 185
 ELEMENTS OF MACHINATIONS IN PUBLIC AUCTION:

a That there be a public auction.

b That the accused solicited any gift or a promise from any of the bidders.

c That such gifts or promise was the consideration for his refraining from taking part in that
public auction.

d That the accused had the intent to cause the reduction of the price of the thing auctioned.

 ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY:

a That there be a public auction.

b That the accused attempted to cause the bidders to stay away from that public auction

c That it was done by threats, gifts, promises, or any other artifice.

d That the accused had the intent to cause the reduction of the price of the thing auctioned.

Article 186
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE:
 Acts punished:
1. Combination to prevent free competition in the market
2. By entering into a contract or agreement or taking part in any conspiracy or combination in the
form of a trust or otherwise, in restraint of trade or commerce or prevent by artificial means
free competition in the market (It is enough that initial steps are taken. It is not necessary that
there be actual restraint of trade)
3. Monopoly to restrain free competition in the market
– By monopolizing any merchandise or object of trade or commerce, by combining with any person
or persons to monopolize said merchandise or object in order to alter the prices thereof by
spreading false rumors or making use of any other artifice to restrain free competition in the
market

4. Manufacturer, producer or processor or importer combining, conspiring or agreeing with any


person to make transactions prejudicial to lawful commerce or to increase the market price of
the merchandise.
 Person/s liable:
 Crime is committed by:
 The purpose is:
 Also liable as principals:
 Aggravated if items are:
1. manufacturer
2. producer
3. processor
4. importer
1. combining
2. conspiring
3. agreeing with another person
1. to make transactions prejudicial to lawful commerce
2. to increase the market price of any merchandise or object of commerce manufactured,
produced, processed, assembled or imported into the Phil
1. corporation/association
2. agent/representative
3. director/manager – who willingly permitted or failed to prevent commission of above offense
1. food substance
2. motor fuel or lubricants
3. goods of prime necessity

Article 187
 ELEMENTS OF IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR
MERCHANDISE MADE OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYS:

a That the offender imports, sells or disposes of any of those articles or merchandise.

b That the stamps, brands, or marks or those articles or merchandise fails to indicate the actual
fineness or quality of said metals or alloys.

c That the offender knows that the said stamp, brand, or mark fails to indicate the actual
fineness or quality of the metals or alloys.
Article 188
SUBSTITUTING – ALTERING TRADE-MARK, TRADENAME, OR SERVICE MARK
 Acts punishable:

a By (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer or
dealer or a colorable imitation thereof, for the t/n or t/m of the real manufacturer or dealer upon
any article of commerce and (b) selling the same.

b By selling or by offering for sale such article of commerce, knowing that the t/n or t/m has
been fraudulently used

c By using or substituting the service mark of some other person, or a colorable imitation of
such marks, in the sale or advertising of services

d By printing, lithographing or reproducing t/n, t/m or service mark of one person, or a


colorable limitation thereof, to enable another person to fraudulently use the same, knowing the
fraudulent purpose for which it is to be used.

Article 189
UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADENAME, TRADEMARK SERVICE
MARK, FRAUDULENT DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION
 Acts punished:

a Unfair competition by selling his goods, giving them the general appearance of the goods of
another manufacturer or dealer

b Fraudulent designation of origin; false description by (a) affixing to his goods or using in
connection with his services a false designation of origin; or any false description or
representation, and (b) selling such goods or services

c Fraudulent registration by procuring fraudulently from the patent office the registration of
t/m, t/m or service mark.

 ELEMENTS:

a That the offender gives his goods the general appearance of the goods of another
manufacturer or dealer
b That the general appearance is shown in the (a) goods themselves, or in the (b) wrapping of
their packages, or in the (c) device or words therein, or in (d) any other feature of their
appearance

c That the offender offers to sell or sells those goods or gives other persons a chance or
opportunity to do the same with a like purpose.

d That there is actual intent to deceive the public or defraud a competitor.