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DLSU CRIM2 MIDTERM SURVIVAL GUIDE G02 SY 2018-2019 2nd Semester

TITLE SEVEN: CRIMES COMMITTED BY PUBLIC OFFICERS (ART 217-222)


QUALIFIED
SITUATION COUNTERPART IMPT
PROVISION ELEMENTS ACTS PUNISHED OFFENDER / VICTIM MODIFYING PENALTIES
(PLACE/TIME) FELONY THINGS
CIRC.
MALVERSATION COMMON ART 217 OFFENDER: Public officer At the time Damage not Received money
aka ELEMENTS 1. APPROPRIATING entrusted with public property or fund necessary without authority
Embezzlement 1. Public officer 2. TAKING and funds/property was to be and
2. Entrusted with MISAPPROPRIATING - Nature of the duties of public accounted, he Penalty misappropriated,
custody or 3. CONSENTING, thru officer, not the name of office failed to do so. depends on ESTAFA
controls of Gov’t abandonment or is controlling Even if officer amount
funds/property negligence, permitted - If only qualified charge, did not gain from involved,
by reason of his another person to take it without authority to part with it as long as the not amount
office ART 218 Failure to render physical possession (caretaker fund was spent of damage
3. Accountable accounts status), not liable for not for its
4. Appropriated, - Misappropriation is not malversation purpose
took, necessary
misappropriated, Private individual in conspiracy REBUTTABLE BY
consented thru ART 219 Failure to render with public officer is also liable satisfactory
abandonment or accounts before leaving evidence of loss
negligence, the country ART 222 Shall apply to: 1. or robbery
permitted ART 220 Illegal use of Private individual who has committed by a
another person public funds/property charge in any capacity person other
to take them whatsoever than the accused
ART 221 Failure to make 2.Administrator/ depository of
delivery of public funds attached, seized or Replacement of
funds/prop deposited private property money does not
– Refusal (malicious) extinguish, only
– Failure to pay mitigate
INFIDELITY IN ART 223 Consent to OFFENDER: public officer Art 225 not Leniency
THE CUSTODY OF escape of the prisoner who has custody or charge of applicable when or laxity
PRISONERS Connivance – agreement prisoner same person who is not
between prisoner (Final ART 225 Custody of person not made the citizen’s infidelity
judgment & detention) a public officer arrest set him free
and Public officer - consents
- thru negligence
ART 224 Evasion through LIABILITY OF FUGITIVE:
negligence Final Judgment – evasion of
Definite laxity amounting service (Art 157)
to nonperformance of duty Detention – no liability

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DLSU CRIM2 MIDTERM SURVIVAL GUIDE G02 SY 2018-2019 2nd Semester
TITLE EIGHT: CRIMES AGAINST PERSONS
ACTS OFFENDER / SITUATION QUALIFIED COUNTERPART
PROVISION ELEMENTS PENALTIES IMPT THINGS
PUNISHED VICTIM (PLACE/TIME) MODIFYING CIRC. FELONY
ART 246 ESSENTIAL OFFENDED PARTY: Can be Cases a person who Stranger
PARRICIDE ELEMENT: - Parents / children committed committed parricide cooperating in
relationship of not less than 3 through not punished with parricide, either
offender so it must days old reckless Reclusion Perpetua MURDER or
be alleged, (legitimate or imprudence or to death: HOMICIDE
otherwise, it is only illegitimate) simple - Through
an aggravating - other ascendants imprudence / negligence (Art 365)
circumstance or descendants negligence - By mistake (Art
(legitimate) 249)
- legitimate spouse - Under exceptional
- only relatives in circumstances (Art
direct line AND by 247)
blood
*Does not require
knowledge of
relationship
ART 247 REQUISITES: REASON: OFFENDER: “Surprise” DESTIERRO for Applies only if
DEATH OR 1. Legally married acting in a - Legitimate spouse suddenly or the protection spouse is in
PHYSICAL person / parents of justified “burst - Not necessarily unexpectedly of the defendant flagrante
INJURIES minor < 18 y/o of passion” legitimate parent from victim’s delicto of
INFLICTED living with them, “Immediately relatives ADULTERY, not
UNDER surprised in the act thereafter” RAPE
EXCEPTIONAL of having sexual circumstantial
CIRCUMSTANCES intercourse with evidence that If less serious
another person the carnal act or slight
2. Kills any /both, or has just been physical
serious physical committed or is injuries, no
injuries in the act being criminal
immediately or committed liability
thereafter
3. Not Promoted / Killing is a
facilitating in the direct product
prostitution of of the
wife/daughter OR accused’s rage
not consented to (Ppl v Abarca)
infidelity

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DLSU CRIM2 MIDTERM SURVIVAL GUIDE G02 SY 2018-2019 2nd Semester
ART 248 KILLED ANOTHER UNDER THE FF CIRC: If with RULES: By means of
MURDER 1. With (TTAEI) treachery, taking treachery, still 1. Murder will poison is not
advantage of superior strength, aid of murder even if exist with only one always murder,
Murder – armed men, employing means to without intent of circumstances there must be
unlawful killing weaken the defense or means or to kill described in A248 intent to kill.
of any person persons to insure or afford impunity; E.g. killing a - If >1, others Though it
which is not 2. In consideration of prize, reward, or child of tender considered as absorbs
parricide or promise (hitman); years generic aggravating treachery and
infanticide 3. By means of inundation, fire, circumstance evident
poison, explosion, shipwreck, 2. Other circ are premeditation,
stranding of a vessel, derailment of or absorbed or treachery only
assault upon a railroad, fall of an included in one, not applies to
airship, by means of motor vehicles, or generic e.g. “attacks”
with the use of any other means TREACHERY absorbs
involving great ruin (Intent to kill is abuse of superior
necessary only for this circumstance) strength and aid of
4. On occasion of any of the calamities armed men;
enumerated in the preceding MURDER BY POISON
paragraph, or of an earthquake, absorbs treachery
eruption of a volcano, destructive and premeditation
cyclone, epidemic or other public 3. Qualifying
calamity circumstance
5. With evident premeditation; must be alleged in
6. With cruelty, by deliberately and the information
inhumanly augmenting the suffering otherwise generic
of the victim, or outraging or scoffing aggravating
at his person or corpse (ignominy) circumstance
ART 249 1. Someone was killed No frustrated One degree higher Evidence of
HOMICIDE 2. Accused killed without justifying circ homicide through if victim is 12 y/o intent to kill
(e.g. self-defense or defense of imprudence important only
Homicide – relative or stranger or any other in Art in frustrated
unlawful killing 11) Accidental homicide and attempted
of any person, 3. Had intent to kill, presumed death of person
which is neither 4. Killing not attended by any of the brought about by a INTENT TO KILL
parricide, murder qualifying circ of murder or parricide lawful act performed Shown by
nor infanticide or infanticide with proper care and weapon &
skill, without parts of the
homicidal intent victim’s body
at which the
weapon was
aimed
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DLSU CRIM2 MIDTERM SURVIVAL GUIDE G02 SY 2018-2019 2nd Semester
ART 255 1. Child was killed OFFENDER: Any Concealing dishonor Does not provide
INFANTICIDE - must be born alive and fully person not an element of for penalty, so it’s
developed and that it can sustain an infanticide, only either PARRICIDE
Infanticide – independent life mitigating as to or MURDER as the
killing of any - must not be dead or although born mother or maternal case may be
child less than 3 alive, could not sustain an grandparents
days of age, independent life when it was killed - only applicable to
whether the 2. Deceased child was less than 3 days good reputation and
killer is the of age good morals, not to
parent or 3. Accused killed the said child prostitutes
grandparent,
any other
relative of the
child or stranger
ART 256 1. Pregnant woman 1. By using any LIABLE: Fetus must die REASON FOR If purpose of ABORTION v
INTENTIONAL 2. Violence is used violence upon 1. person who in the MITIGATING: parents was not INFANTICIDE
ABORTION OR Drugs / the person of intentionally caused consummated excited and to conceal Fetus must be
beverages is the pregnant 2. woman is liable stage; if fetus obfuscated by the dishonor, ART able to sustain
Abortion – willful administered OR woman (A258) if consented; survives, not fear of her dishonor 256 applies independent
killing of the Acts upon such 2. By otherwise, not liable consummated being made public, life outside
fetus in the pregnant woman administering she either practices Other person womb for
uterus OR the 3. Result of acts in: drugs or ART 258 abortion upon with consent, infanticide to
violent expulsion fetus dies, either in beverages – Consented abortion herself or consent ART 256 occur
of the fetus from the womb OR after - By acting, but practiced by that any other
the maternal having expelled without using - woman herself person does so, to
womb which therefrom stillborn violence, - other person erase the traces of
results in the 4. Abortion is without the - parents for the her mistake
death of the intended consent of the purpose of
fetus woman concealing dishonor
- By acting with
the consent of
the woman
ART 257 2. Violence used OFFENDER: must Violence – Can be complexed Man points gun and
UNINTENTIONAL w/o intent abortion have known that the actual physical e.g. Unintentional threatens to kill
ABORTION 3. Intended of the victim’s force abortion through woman, abortion
violence pregnancy imprudence, because of fear –
4. Result: fetus dies *Intentionally Homicide with THREATS only
either in the womb exerted Unintentional
or after having *No frustrated abortion, Parricide No intention to
expelled therefrom unintentional with unintentional cause abortion, no
abortion abortion violence, NO CRIME
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DLSU CRIM2 MIDTERM SURVIVAL GUIDE G02 SY 2018-2019 2nd Semester

ART 266 A-D 1st mode: CARNAL OFFENDER: can now Penetration, Par 1 - RP If no sex, and May be proved by
RAPE KNOWLEDGE be male or female even partial is RP to death only acts of the uncorroborated
BY SEXUAL INTERCOURSE necessary A. use of deadly weapon OR two or more persons lewdness – ACTS testimony of
1. Thru force, threat or OFFENDED PARTY: - No frustrated B. by reason OR on the occasion of the rape, OF offended woman
intimidation against male or rape victim became insane LASCIVIOUSNESS
2. Offended party is deprived female - Attempted C. Rape is attempted, homicide is committed (Art 356) EFFECT OF
of reason or OW unconscious Character of woman rape: Mandatory death MARRIAGE –
3. By means of fraudulent is immaterial in rape intent to have 1. > 18, offender is parent, ascendant, step CHILD ABUSE – extinguish criminal
machinations or grave abuse carnal parent, guardian, relative by consanguinity or victim is above action or the
of authority PRESUMPTIONS: knowledge affinity 3rd civil degree, common law spouse of 12 but under 18 penalty imposed
4. Offended party is under 12 Evidences for parent years of age (actual marriage,
y/o or demented even if prosecution: Force need not 2. custody of police, military or law enforcement not mere promise)
none of the circ mention - Physical overt act be or penal institution
above be present manifesting irresistible 3. in full view of the spouse, parent, children, In case of legal
resistance against relatives by consanguinity husband,
2nd mode: SEXUAL ASSAULT the rape Intimidation 4. religious engaged in legitimate religious subsequent
1. Inserting penis into - So situated as to includes moral vocation or calling and is personally known by forgiveness is
another person’s mouth or render her/him kind offender before or at the time of the rape enough. Not
anal orifice incapable of 5. below 7 y/o applicable if
2. Inserting any instrument giving valid consent Victim has no 6. Afflicted with HIV/AIDS or any other STD and marriage is Void ab
or object into another will. the virus/diseases is transmitted to the victim initio. (Implied
person’s genital or anal Cohabitation 7. Any member of AFP, PNP, paramilitary or law presence of “marital
orifice with a feeble enforcement agency or penal institutions, rape”)
minded woman offender took advantage of is position to
is rape facilitate commission of crime
8. by reason OR on the occasion of rape, victim
Under 12 y/o is suffered permanent physical mutilation or
statutory, cannot disability
give consent 9. knew of pregnancy at the time of rape
10.knew of mental disability, emotional
disorder or physical handicap of victim at the
time of rape
11. by reason OR on the occasion, homicide is
committed (Rape with Homicide now a special
complex crime)

Par 2 – PM A. PM to RT
C. RT to RP Qualified: RT

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DLSU CRIM2 MIDTERM SURVIVAL GUIDE G02 SY 2018-2019 2nd Semester
TITLE NINE: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
QUALIFIED
OFFENDER / SITUATION COUNTERPART
PROVISION ELEMENTS ACTS PUNISHED MODIFYING PENALTIES IMPT THINGS
VICTIM (PLACE/TIME) FELONY
CIRC.
ART 267 1. Offender is a CIRCUMSTANCES: OFFENDER: Actual demand for Ransom – money, price, If offender ispublic Psychological
KIDNAPPING private individual 1. Lasts for >3 days Private individual ransom is not consideration, paid or demanded for officer, ARBITRARY deprivation (Ppl v
AND SERIOUS 2. Kidnaps or (not necessary necessary redemption of a captured person; a DETENTION (Art Tomio)
ILLEGAL detains another, when other circ ART 268: also payment that releases from captivity 124)
DETENTION or in any manner present) applies to who Detention or ILLEGAL
deprives the latter furnished the locking up is DEATH SENTENCE: If victim is minor DETENTION
Intent to deprive of his liberty 2. Committed by place for essential, but not 1. purpose is to extort ransom and accused is one v ARBITRARY
victim of his 3. Act of etention simulating public perpetration of necessary to be in 2. killed or dies as a consequence of of the parents, DETENTION
liberty or or kidnapping authority crimes an inclosure detention penalty is in Art
purpose of must be illegal 3. victim is raped 271 (INDUCING A - ID by private
extorting 4. Commission of 3. Any serious OFFENDED Restraint need not 4. victim is subjected to torture or MINOR TO individual who
ransom BUT the offense, any physical injuries are PARTY: be permanent dehumanizing acts ABANDON HOME) unlawfully kidnaps
purpose is of the ff circ is inflicted upon the Any person or detains; AD by
immaterial if any present victim OR threats ART 268: (Privileged mitigating circ) If intention is to public officer/emp
of the 4 circ is to kill him are made - Voluntarily released offender deliver to proper who detains
present within 3 days from commencement authorities, without legal
4. Minor, female or of detention, UNLAWFUL ground
public officer - Without having attained purpose ARREST (ART 269)
intended, - ID crime against
ART 268 Slight - Before institution of criminal Not liable if lack of personal liberty
illegal detention: proceedings - PM motive to resort to and security; AD
absent any of the - Except when victim is a woman kidnapping fundamental law
four circ of the State
ART 270 1. Offender is Deliberate failure Necessarily 270 v 267
KIDNAPPING entrusted with to return custody included in -270 Entrusted
AND FAILURE custody of minor of the minor to the Kidnapping and with custody; 267
TO RETURN A person (over or parents or guardian Serious Illegal not
MINOR under 7 but < 21) Detention under
Par 4 of Art 267
2. Deliberately
fails to restore
said minor to his
parents or
guardians

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DLSU CRIM2 MIDTERM SURVIVAL GUIDE G02 SY 2018-2019 2nd Semester
ABANDONMENT ART 276 ART 275 OFFENDED Form 1: QUALIFYING IN
1. Offender has Failing to render PARTY: Uninhabited place 276
custody of child assistance to: Without Death of the
2. Under seven 1. Uninhabited Form 1: detriment minor resulted
years place, wounded or In danger of from the
3. Abandons such in danger of dying, dying abandonment,
child (permanent, capable of helping Life of the minor
deliberate) without detriment Form 2: was endangered
4. No intent to UNLESS more Injured by
kill, which cannot serious offense offender thru
be presumed (e.g. 276) accident
from
death of the child 2. Accidentally Form 3:
wounded or injured Under 7 as well
as lost children
3. Under seven
years, found
abandoned, to
authorities or
family or safe
place

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DLSU CRIM2 MIDTERM SURVIVAL GUIDE G02 SY 2018-2019 2nd Semester
TITLE TEN: CRIMES AGAINST PROPERTY
QUALIFIED
OFFENDER / SITUATION COUNTERPART
PROVISION ELEMENTS ACTS PUNISHED MODIFYING PENALTIES IMPT THINGS
VICTIM (PLACE/TIME) FELONY
CIRC.
ART 293 ROBBERY – taking of personal property belonging to another with intent to gain, by means of violence against or intimidation of any person or with force upon things

ELEMENTS:
1. Unlawful taking (depriving the offended party of the ownership of the thing taken with character of permanency)
Complete when:
Violence Against or Intimidation – gains possession even if no opportunity to dispose
Force Upon Things – opportunity to dispose
2. Personal property – if real property USURPATION ART 312)
3. Belonging to another (against the will)
4. With intent to gain (presumed from the unlawful taking) – ABSENT this element, only GRAVE COERCION (Art 286)
5. By means of violence against or intimidation upon persons OR force upon things – ABSENT this element, the crime is THEFT

VIOLENCE AGAINST OR INTIMIDATION OFPERSONS FORCE UPON THINGS


Taking is always robbery Robbery only if used either to:
– enter buildings (Art 299)
– break doors, wardrobes or chests or any kind of receptacle inside the building, force them
open outside after taking the same from the building (Art 302)
Value of personal property is immaterial PENALTY depends on: Inhabited house, public building, edifice devoted to religious worship
– Result of violence used – Value of property taken
– Existence of intimidation – Carrying arms In uninhabited building
– Only on value of property taken
To qualify Robbery with force upon things (Art 299) To qualify Robbery with violence against or intimidation
It must be committed in uninhabited place AND by a band (Art 300) It must be committed in an uninhabited place OR by a band (Art. 295)

ART 297 ATTEMPTED & FRUSTRATED ROBBERY UNDER CERTAIN CIRCUMSTANCES

Homicide is committed, punished by RT max to RP unless qualified to MURDER or PARRICIDE.


When no overt acts of robbery, only crime against persons
Art 48 applies: Attempted or frustrated robbery with serious physical injuries

ART 294 Violence against or intimidation upon persons


Special complex crimes in Robbery “On the occasion” and “by reason” mean that homicide or serious physical injuries must be committed in the course or because of the robbery.

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DLSU CRIM2 MIDTERM SURVIVAL GUIDE G02 SY 2018-2019 2nd Semester
ROBBERY WITH Separate offenses when not committed “on the occasion” or “by reason”,
HOMICIDE (Par 1) Intent to gain must precede the killing YET homicide (overt act) may take place before actual robbery.
To be considered as one offense, there must be direct connection between killing and robbery( e.g. eliminate obstacle, escape after commission)
General term which includes parricide and murder (no such things as Robbery with Murder)
Regardless of who killed who
When homicide not proved, only robbery, and vice versa
ROBBERY WITH Even if committed in another place, still robbery with rape.
RAPE (Par 2) As long as rape is not the primary objective, it is still robbery with rape.
Robbery with rape committed by two or more persons – qualified to death.
No such thing as robbery with attempted rape
ROBBERY WITH ART 295 ROBBERY IN BAND Qualifying circ (maximum periods) – cannot be offset by generic mitigating circ
PHYSICAL INJURIES 1. Uninhabited place
2. By a band i.e. more than 3 armed malefactors (proof of conspiracy no longer necessary in a band)
(serious physical injuries 3, 3. Attacking a moving train, street car, motor vehicle, airship
unnecessary violence and 4. Entering passengers’ compartment taking by surprise
intimidation 4, 5. Street, road, highway, alley and intimidation is made with the use of firearms (licensed or unlicensed)
simple robbery 5) Not applicable to Par 1 and 2 but still, band is appreciated as generic aggravating circ under Art 14 (no crime as Robbery with Homicide in Band)
Qualifying to the qualifying circ – use of unlicensed firearm (ART 296)
Requirement: member of the band, did not prevent or attempt to prevent the assault, present at the commission of robbery
ART 298 ELEMENTS:
EXECUTION OF 1. Intent to defraud another
DEEDS BY 2. Compels him to sign, execute, or deliver any public instrument or document
MEANS OF 3. Compulsion is by means of violence or intimidation
VIOLENCE OR Not applicable if the document is void
INTIMIDATION If under obligation to sign, no robbery. If violence is used, COERCION.
ROBBERY BY ART 299 Inhabited house (any vessel, shelter, ship constituting the dwelling of one or more persons even though the inhabitants thereof are temporarily
THE USE OF absent therefrom when robbery was committed), public building (every building owned by the Gov't or belong to private persons but used or rented by the
FORCE UPON Gov't although temporarily occupied by the same), edifice devoted to religious worship and their dependencies (interior courts, corrals, etc contiguous to
THINGS the building or edifice, having interior entrance connect therewith and form part of the whole) – Def from ART 301

SUBDIVISION A
Entrance was effected by any of the ff means:
1. Through an opening not intended for entrance or egress
2. Breaking any wall, roof, floor or breaking any window or door – outside walls because the purpose is to enter the house
3. By using false keys, picklocks or similar tools – genuine keys stolen, not thru force or intimidation from the owner or any keys other than those
intended by the owner for use in the lock forcibly opened by the offender (ART 305)
4. By using any fictitious name or pretending to exercise of public authority – not included in Art 302
Once inside the building, offender took personal property belonging to another with intent to gain

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DLSU CRIM2 MIDTERM SURVIVAL GUIDE G02 SY 2018-2019 2nd Semester

SUBDIVISION B
Offender is inside the said infrastructure, regardless of circumstances which he entered it
Offender takes personal property belonging to another with intent to gain, under any of the ff circumstances:
1. Breaking of doors, wardrobes, chests or any other kind of locked or sealed furniture or receptacle
2. Taking such furniture or objects away to be broken or forced open outside the place of robbery

ART 302 Uninhabited place (means building because you’ll have to effect entrance) or in a private building
1. 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. Entrance was effected through the use of false keys, picklocks, or other similar tools
4. Door, wardrobe, chest or any sealed or closed furniture or receptable was broken
5. A closed or sealed receptacle was removed even if the same be broken open elsewhere – includes intent to open it by force
Offender took from there personal property belonging another with intent to gain

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