Crime 114 Treason

Elements 1. Offender is a Filipino citizen or an alien residing in the Philippines 2. There is war in which the Philippines is involved 3. Offender either: a. levies war against the government i. that there be an actual assembling of men, ii. for the purpose of executing a treasonable design by force b. or adheres to the enemies, giving them aid or comfort Treason branch of allegiance to a government, committed by a person who owes allegiance to it Allegiance obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive; either permanent or temporary Adherence to Enemy intent to betray; when a citizen intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his countrys policy or interests] Aid or Comfort an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitors country and an act which weakens or tends to weaken the power of the traitors country to resist or to attack the enemy Ways of Proving Treason: 1. Testimony of 2 witnesses, at least, to the same overt act; or 2. Confession of the accused in open court

Penalty Filipino Citizen RP to death and a fine not to exceed P100,000 Alien RT to death and a fine not to exceed P100,000 No complex crime of treason with murder, physical injuries Aggravating Circumstance s: cruelty, ignominy Art. 64 not strictly applied to treason Gravity of seriousness of acts of treason are considered

Important Points to Remember 1. Treason cannot be committed in time of peace 2. In treason by levying war, it is not necessary that there be a formal declaration of the existence of a state of war 3. The war must be directed against government 4. The purpose of levying war is to deliver the country in whole or in part to the enemy; must be in collaboration with foreign enemy 5. The aid or comfort given to the enemies must be after the declaration of war; the enemies must be the subject of foreign power 6. No treason thru negligence 7. When common crimes are charged as overt acts of treason, they cannot be regarded as separate crimes or as complexed by treason. 8. Treason by Filipino citizen may be committed outside the Philippines 9. Treason is a continuous offense 10. Treason cannot be proved by circumstantial evidence or extrajudicial confession of accused 11.Two witness rule is severely restrictive 12.Sufficient that witnesses are uniform in their testimony on the overt act; it is not necessary that there be corroboration between them on the point they testified 13.Adherence may be proved by one witness, or from the nature of the act itself, or from the circumstances

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surrounding the act 14.Defense of suspended allegiance and change of sovereignty is not accepted 15.Defense of obedience to de facto Government is acceptable 16.Defense of duress or uncontrollable fear is acceptable

115 Conspirac y and Proposal to Commit Treason 116 Misprisio n of Treason

1. Conspiracy to Commit Treason 2. Proposal to Commit Treason

PM and a fine not exceeding P10,000 PC and a fine not exceeding P5,000 Accessory to the crime of treason

The two witness rule does NOT apply to this article

1. Offender must be owing allegiance to the government and not a foreigner 2. He has knowledge of any conspiracy to commit treason against the government 3. He conceals or does not disclose and make known the same as soon as possible to governor or fiscal of province or the mayor or fiscal of the

1. Conspiracy is one to commit treason 2. Article 116 is an exception to the rule that mere silence does not make a person criminally liable

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117 Espionag e

1.

2.

118 Inciting to War or Giving Motives 119 Violation of Neutralit y 120 Correspo ndence with

1. 2.

1. 2. 3.

city in which he resides By entering, without authority therefore, a warship, fort or naval or military establishment or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines a. Offender enters any of the places mentioned therein b. He has no authority therefore c. His purpose is to obtain info, plans, etc. of a confidential nature relative to defense of RP By disclosing to the representative of a foreign nation the contents of the articles, data, or information referred to in Par. No. 1 which he had in his possession by reason of the public office he holds a. Offender is a public officer b. He has in his possession the articles, etc. by reason of the public office he holds c. He discloses their contents to a representative of a foreign nation Offender performs unlawful or unauthorized acts Such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property There is a war which the Philippines is not involved There is a regulation issued by competent authority for the purpose of enforcing neutrality Offender violates such regulation

PC Penalty next higher in degree shall be imposed if the offender be a public officer or employee.

1. Espionage gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the RP or to the advantage of any foreign nation 2. To be liable under paragraph 1, the offender must have the intention to obtain information relative to the defense of RP 3. It is not necessary that the information is obtained 4. Espionage distinguished from treason: a. Both are crimes not conditioned on citizenship b. Espionage may be committed in many ways, both in time of peace or war; Treason 2 ways of committing; and only in time of war 1. The intention of offender is immaterial 2. Committed in time of peace

RT if public officer or employee PM if private individual PC

1. Neutrality a nation or power which

takes no part in a contest of arms going on between others is referred to as neutral 2. There must be regulation issued by competent authority for enforcement of neutrality 1. Correspondence communicating by means of letters; or it may refer to the letters which pass between those who

1. It is in time of war in which the Philippines is involved 2. Offender makes correspondence with an enemy country or territory that is occupied by enemy

PC

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Hostile Country

troops 3. The correspondence is either a. Prohibited by the government b. Carried in ciphers or conventional signs c. Containing notice or information which might be useful to the enemy PM RT if info may be useful to enemy RT to death if intention was to aid the enemy Arresto Mayor

121 Flight to Enemys Country 122 Piracy in General and Mutiny on the High Seas or in Philippin e Waters

1. There is a war which the Philippines is involved 2. Offender must be owing allegiance to the government 3. Offender attempts to flee or go to enemy country 4. Going to enemy country is prohibited by competent authority 1. Vessel is on the high seas or in Philippine waters 2. Offenders are not members of its complement or passengers of the vessel 3. Offenders either a. attack or seize the vessel b. seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers Piracy robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility Mutiny unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of the commander

RP Same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters

have friendly or business relations 2. Even if correspondence contains innocent matters, if such has been prohibited by the government, it is punishable 3. Prohibition by the government is not essential in paragraphs 1 and 2 4. Qualifying circumstances that must concur together: a. The notice or information might be useful to the enemy b. The offender intended to aid the enemy 1. An alien resident may be guilty of flight to enemy country 2. Mere attempt to flee or go to enemy country consummates crime 3. Article 121 must be implemented by the Government 1. High Seas any waters on the sea coast which are without the boundaries of low-water mark, although such waters may be in the jurisdictional limits of a foreign government 2. Piracy Distinguished From Robbery in High Seas a. In piracy offender is an outsider; in robbery, offender is member of crew or passenger b. In both, there is intent to gain and manner of committing the crime is the same 3. Piracy Distinguished from Mutiny a. In piracy, the offenders are strangers; in mutiny, they are members of the crew or passengers b. In piracy, intent to gain is essential; in mutiny, the intention may be to

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123 Qualified Piracy

Qualifying Circumstances: 1. Seized vessel by boarding or firing upon the same; or 2. Pirates have abandoned their victims without means of saving themselves; or 3. Crime is accompanied by murder, homicide, physical injuries or rape 1. Offender is a public officer or employee 2. He detains a person 3. Detention is without legal grounds Detention when a person is placed in confinement or there is a restraint on his person Detention is without legal grounds: 1. When he has not committed any crime or, at least, there is no reasonable ground for suspicion that he has committed a crime; or 2. When he is not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital

124 Arbitrary Detentio n

Special complex crime punishable by RP to Death regardless of number of victims Not exceeded 3 days A Mayor in maximum to PC in minimum More than 3 less than 15 days PC in medium and maximum More than 15 not more than 6 months PM Exceeded 6 mos. RT

ignore ships officers or to commit plunder 1. Any person who aids or protects pirates or abets the commission of piracy shall be considered as an accomplice 2. R.A. 6235 An Act Punishing Certain Acts Inimical to Civil Aviation

1. Legal Grounds for Detention of

Prisoner: a. the commission of a crime b. violent insanity or o the ailment requiring the compulsory confinement of the patient in a hospital Arrest without warrant is the usual cause of arbitrary detention Arrest Without Warrant, When Lawful (Sec. 5 Rule 113) Personal knowledge is required A crime must in fact or actually have been committed There is no reasonable ground if officer only wants to know the commission of crime There is arbitrary detention thru imprudence If the offender is a private person, the crime is illegal detention Detention must be for some legal ground Article 125 does not apply when the arrest is by virtue of a warrant of arrest but must be a lawful arrest Delivery does not consist in a physical

2. 3.

4. 5.

125 Delay in Delivery of Detained Person to Proper Judicial

1. Offender is a public officer or employee 2. He has detained a person for some legal ground 3. He fails to deliver such person to the proper judicial authorities within: a. 12 hours for offenses punishable by light penalties or their equivalent b. 18 hours for offenses punishable by corrective penalties or their equivalent

Same as next preceding article: Within 12 hours for light penalties Within 18 hours for

1. 2. 3. 4.

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Authoriti es

c. 36 hours for offenses punishable by afflictive or capital or their equivalent Proper Judicial Authorities means the courts of justice or judges or said courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense Rights of Person Detained: 1. He shall be informed of the cause of his detention 2. He shall be allowed, upon his request, to communicate and confer at anytime with his attorney or counsel Circumstances considered in determining liability of officer detaining a person beyond legal period: 1. means of communication 2. hour of arrest 3. other circumstances (time, etc.)

corrective penalties Within 36 hours for afflictive or capital penalties

126 Delaying Release

1. That offender is a public officer or employee 2. There is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person 3. The offender without good reason delays: a. the service of the notice of such order to the prisoner b. the performance of such judicial or executive order for the release of the prisoner c. the proceedings upon a petition for the release of such person

Same as Article 124

delivery, but in making an accusation or charge or filing of an information against person 5. Duty of the detaining officer is deemed complied with upon the filing of the complaint with the judicial authority 6. Provisions of Article 125 may be waived if person asks for preliminary examination 7. Violation of Article 125 does not affect legality of confinement under process issued by a court 8. The illegality of the detention is not cured by the filing of the information in court 9. Fiscal is not liable, unless he ordered detention 10.Article 125 distinguished from Article 124 in Art. 124, the detention is illegal from the beginning; in Art. 125, the detention is legal in the beginning but the illegality of the detention starts from the expiration of any of the periods of time specified without person detained having been delivered to proper judicial authority Wardens and jailers are the public officers most likely to violate Article 126

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127 Expulsion 128 Violation of Domicile

1. Offender is a public officer or employee 2. He expels any person from the Philippines or compels a person to change his residence 3. The offender is not authorized to do so by law Acts Punished: 1. By entering any dwelling against the will of the owner thereof; or 2. By searching papers or other effects found therein without the previous consent of such owner; or 3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same Elements Common to the Three Acts: 1. Offender is a public officer or employee 2. He is not authorized by judicial order to enter the dwelling and / or to make a search therein for papers and other effects

PC

Only the court by a final judgment can order a person to change his residence 1. A public officer or employee is authorized by judicial order when he is armed with a search warrant duly issued by the court 2. Against the will of the owner presupposes opposition or prohibition by said owner, whether express or implied; if it is only without the consent of the owner, the crime is not committed 3. Right of officer to break into building or enclosure (Sec 11 Rule 113, 1985 Rules on Criminal Procedure) 4. Circumstances Qualifying the Offense: a. If the offense is committed at nighttime; or b. If any papers or effects not constituting evidence of a crime are not returned immediately after the search was made 5. Papers of other effects must be found in the dwelling

PC in minimum PC in medium and maximum if with Qualifying circumstance s of nighttime, or if any papers or effects not constituting evidence of a crime be not returned immediately

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129 Search Warrants Malicious ly Obtained and Abuse in Service of Those Legally Obtained

Acts Punished: 1. By procuring a search warrant without just cause a. Offender is a public officer or employee b. Procures a search warrant c. There is no just cause 2. By exceeding his authority or by using unnecessary severity in executing a search warrant legally procured a. The offender is a public officer or employee b. He has legally procured a search warrant c. He exceeds his authority or uses unnecessary severity in executing the same Search Warrant an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court Probable Cause such reasons, supported by facts and circumstances, as will warrant a cautious man in the belief that his action, and the means taken in prosecuting it, are legally just and proper

Liability attaching to Offender for commission of any other offense (perjury) and A Mayor in maximum to PC in minimum and fine not exceeding P1,000

130 Searchin g Domicile Without Witnesse s

1. The offender is a public officer or employee 2. He is armed with search warrant legally procured 3. He searches the domicile, papers or other belongings of any person 4. The owner, or any member of his family, or two witnesses residing in the same locality are not present

A Mayor in medium and maximum

131 1. Offender is a public officer or employee Prohibitio 2. He performs any of the following acts: n, a. Prohibiting or interrupting, without legal Interrupti ground, the holding of a peaceful meeting, or on, and by dissolving the same Dissoluti b. Hindering any person from joining any lawful

PC in minimum

1. Personal Property to be Seized: a. Subject of the offense; or b. Stolen or embezzled and other proceeds or fruits of the offense; or c. Used or intended to be used as the means of committing an offense 2. Search warrant will not issue except upon probable cause 3. Search warrant is valid for 10 days from its date 4. The true test of lack of just cause is whether the affidavit filed in support of the application for search warrant has been drawn in such a manner that perjury could be charged thereon and affiant be held liable for damages caused 5. Search and seizure without warrant as an incident to lawful arrest is legal 6. Peace officers may enter house of an offender who committed an offense in their presence 7. Search and seizure of vessels without a search warrant legal 1. Search to go over or look thru for the purpose of finding something; to examine 2. Distinguish Article 128 from Article 130 In violation of domicile, the public officer has not authority to make a search warrant; in Article 130, public officer has a search warrant 1. Private individual cannot commit this crime 2. Under paragraph 1, public officer must act without legal ground 3. When the meeting to be held is not peaceful, there is legal ground for

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on of Peaceful Meetings

132 Interrupti on of Religious Worship

association or from attending any of its meetings c. Prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances 1. Offender is a public officer or employee 2. Religious ceremonies or manifestations of any religion are about to take place or are going on 3. Offender prevents or disturbs the same Qualifying Circumstance: - if the crime is committed with violence or threats 1. Acts complained of were performed: a. In a place devoted to religious worship, or b. During the celebration of any religious ceremony 2. The acts must be notoriously offensive to the feelings of the faithful Religious Ceremonies religious acts performed outside of a church, such as processions and special prayers for burying dead person 1. There be a public uprising and taking arms against the Government 2. The purpose of the uprising or movement is either: a. to remove from the allegiance to said government or its laws: i. the territory of the Philippines or any part thereof; or ii. any body of land, naval or other armed forces; or b. To deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives

prohibiting it 4. The right to peaceably assemble is not absolute and may be regulated 5. The offender must be a stranger, not a participant, in the meeting PC in minimum PC in medium and maximum if committed with violence or threats A Mayor in maximum to PC in minimum 1. Preventing a religious ceremony to take place punishable under this article 2. Reading a bible and then attacking certain churches in a public plaza is not a ceremony of manifestation of religion, but only a meeting of a religious sect 1. It is not necessary that there is a religious ceremony going on when the offender performs acts notoriously offensive to the feelings of the faithful 2. There must be deliberate intent to hurt the feelings of the faithful 3. Offense to feelings is judged from complainants point of view 1. Rebellion or of inciting it is a crime of masses, of a multitude 2. Actual clash of arms with the forces of the government, not necessary to convict the accused who is in conspiracy with others actually taking arms against the government 3. Purpose of the uprising must be shown 4. It is not necessary that the purpose be accomplished 5. Giving aid or comfort not criminal in rebellion 6. Rebellion distinguished from Subversion rebellion is a crime against public

133 Offendin g the Religious Feelings

134 Rebellion or Insurrecti on

RP person who promotes, maintains or heads rebellion or insurrection RT person merely participating or executing commands of others

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Rebellion used where the object of the movement is completely to overthrow and supersede the existing government Insurrection used in reference to a movement which seeks merely to effect some change of minor importance, or to prevent the exercise of governmental authority with respect to particular matters or subject Rebellion distinguished from Treason: 1. Rebellion levying of war during peace time for any of the purposes mentioned; Treason performed in aid of enemy during wartime 2. Rebellion always involves taking up arms against government; Treason may be committed by mere adherence to the enemy, giving aid or comfort 134-A Coup detat 1. Offender is a person(s) belonging to the military or police or holding any public office or employment 2. It is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth 3. The attack is directed against duly constituted authorities of the Philippines, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power 4. The purpose of the attack is to seize or diminish state power Political Crimes Distinguished from Common Crimes - Political crimes are those directly aimed against the political order, as well as such common crimes as may be committed to RT in maximum person in government service who participates, or executes directions or commands of others in undertaking a coup detat PM in maximum person not in government service who participates, or in any

order; Subversion like treason, against national security 7. Mere silence or omission is not punishable in rebellion 8. It is not a defense in rebellion that the accuse never took the oath of allegiance to, or that they never recognized the government 9. Those who killed persons in pursuance of movement to overthrow government are liable for rebellion only 10.There is no complex crime of rebellion with murder and other common crimes (Hernandez ruling) 11.Killing, robbing, etc for a private purpose or profit, without any political motivation, would be separately punished and would not be absorbed in the rebellion 1. Coup d etat may be committed with or without civilian participation 2. Those liable for Rebellion, Insurrection and/or Coup d etat (Article 135) a. Leaders i. any person who promotes, maintains, or heads a rebellion or insurrection ii. any person who leads, directs, or commands others to undertake a coup detat b. Participants i. Any person who participates or executes the commands of others in rebellion or insurrection ii. Any person in the government service who participates, or executes directions or commands of others in undertaking a coup

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achieve a political purpose The decisive factor is the intent or motive

136 Conspiracy and Proposal to Commit Coup detat Conspirac y and Proposal to Commit Conspiracy to Commit Rebellion or Insurrection Coup detat, Rebellion or Insurrecti Proposal to Commit Rebellion or Insurrection on 137 Disloyalt y of Public Officers 138 Inciting to Rebellion 1. Offender is a public officer or employee 2. Commits any of the following acts of disloyalty: a. Failing to resist a rebellion by all the means in their power; b. Continuing to discharge the duties of their offices under the control of the rebels; c. Accepting appointment to office under them 1. Offender does not take arms or is not in open hostility against the government 2. He incites others to the execution of any of the acts of rebellion 3. The inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end

manner supports, finances, abets or aids in undertaking a coup detat PM in minimum and fine not to exceed P8,000 PC in maximum and fine not to exceed P5,000 PC in medium and fine not to exceed P2,000 PC in 1. minimum

detat iii. Any person not in the government service who participates, supports, abets, or aids in undertaking a coup detat 1. Merely agreeing and deciding to rise publicly and take arms against the government for the purposes of rebellion or merely proposing the commission of said acts is already subject to punishment 2. No conspiracy when there is no agreement and no decision to commit rebellion

The crime of disloyalty of public officers presupposes the existence of rebellion by other persons 2. The offender under Article 137 must not be in conspiracy with the rebels 1. Inciting to Rebellion Distinguished from Proposal a. in both, the offender induces another to commit rebellion b. in proposal, person who proposes has decided to commit rebellion; in inciting, it is not required that offender has decided to commit rebellion c. in proposal, person who proposes

PM in minimum

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139 Sedition

1. The offenders rise publicly and tumultuously 2. They employ force, intimidation, or other means outside of legal methods 3. The offenders employ any of those means to attain any of the following objects: a. To prevent the promulgation or execution of any law or the holding of any popular election b. To prevent the National Govt, or any provincial or municipal govt, or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order c. To inflict any act of hate or revenge upon the person or property of any public officer or employee d. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and e. To despoil, for any political or social end, any person, municipality or province, or the national govt of all its property or any part thereof

PM in minimum and a fine not exceeding P10,000 for the leader of sedition PC in maximum and a fine not exceeding P5,000 for other persons participating therein

2. 1. 2.

3.

4. 5. PC in medium and fine not to exceed P2,000 PC in maximum and fine not to exceed P2,000 1.

141 Conspirac y to Commit Sedition 142 Different Acts Punished: Inciting 1. Inciting to Sedition to Accomplish any of its to Objects: Sedition a. Offender does not take direct part in the crime of sedition b. He incites others to the accomplishment of any of the acts which constitute sedition

2.

1.
2.

uses secret motive; in inciting, the act is done publicly Rebellion should not be committed Sedition is the raising of commotions or disturbances in the state Sedition Distinguished from Rebellion a. In both, there must be public uprising b. In sedition, it is sufficient that public uprising is tumultuous; in rebellion, there must be taking up of arms against the government c. In sedition, the purpose of offenders may be political or social; in rebellion, it is always political Sedition distinguished from treason treason is the violation by a subject of allegiance to sovereign; sedition is the raising of commotions or disturbances in the State Public uprising and an object of sedition must concur Common crimes are not absorbed in sedition There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition There is no proposal to commit sedition Scurrilous low, vulgar, mean or foul Uttering seditious words or speeches and writing, publishing or circulating scurrilous libels are punishable, when: a. they tend to disturb or obstruct any lawful officer in executing the functions of his office; or

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c. The inciting is done by means of speeches, proclamation, writings, emblems, cartoons, banners, or other representations tending to the same end 2. Uttering seditious words or speeches which tend to disturb the public peace 3. Writing, publishing or circulating scurrilous libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace a. Offender does not take direct part in the crime of sedition b. Commits any of the following acts of sedition either 2 or 3 143 Acts Tending to Prevent the Meeting of Congress 144 Disturban ce of Proceedi ngs of Congress and Similar Bodies 1. There be a projected or actual meeting of Congress or any of its committees or subcommittees, constitutional committees or divisions thereof, or of any provincial board or city or municipal council or board 2. The offender who may be any person prevents such meeting by force or fraud 1. There be a meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board 2. The offender does any of the following acts: a. He disturbs any of such meetings b. He behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it. PC or a fine ranging from P200 to P2,000 or both

b. they tend to instigate others to cabal and meet together for unlawful purposes; or c. they suggest or incite rebellious conspiracies or riots; or d. they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the government 3. Knowingly concealing such evil practices is treated and punished as that of the principal 4. Two rules relative to seditious words: a. Clear and Present Danger Rule b. Dangerous Tendency Rule Chief of police and mayor who prevented the meeting of the municipal council are liable under Article 143, when the defect of the meeting is not manifest and requires an investigation before its existence can be determined

A Mayor or a fine of P200 to P1,000

1. The complaint for disturbance of proceedings may be filed by a member of a legislative body 2. One who disturbs the proceedings of the congress my also be punished for contempt

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145 Violation of Parliame ntary Immunity

146 Illegal Assembli es

First Form 1. The offender (any person) uses force, intimidation, threats or fraud. 2. The purpose of the offender is to prevent any member of Congress from: a. Attending the meetings of Congress or any of its committees, etc.; or b. Expressing his opinion; or c. Casting his vote Second Form 1. Offender is a public officer or employee 2. He arrests or searches any member of Congress 3. Congress, at the time of arrest or search, is in regular or special session 4. The member arrested or searched has not committed a crime punishable under the Code by a penalty higher than prision mayor 1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the code a. there is a meeting, a gathering or group of persons, whether in a fixed place or moving b. that the meeting is attended by armed persons c. that the purpose of the meeting is to commit any of the crimes punishable under the code 2. Any meeting in which the audience, whether armed or not, is incited to the commission of treason, rebellion or insurrection, sedition, or assault upon a person in authority or his agents a. there is a meeting, a gathering or group of persons, whether in a fixed place or moving b. the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault

PM

1. Parliamentary immunity does not protect members of the Congress from responsibility before the legislative body itself 2. It is sufficient that the offender, in using force, intimidation, threats, or frauds, has the purpose to prevent a member of Congress from exercising any of his such prerogatives

PC

PC in maximum to PM in medium for organizers or leaders of any meeting under this article A Mayor unarmed persons merely present PC armed persons merely present

1. Persons present at the meeting must be armed in the first form of illegal assembly 2. But not all the persons present at the meeting of the 1st form of illegal assembly must be armed 3. The unarmed person merely present at the meeting of the 1st form of illegal assembly is liable 4. If any person present at the meeting carries an unlicensed firearm: a. It is presumed that the purpose of the meeting insofar as he is concerned, is to commit acts punishable under the Code; and b. He is considered a leader or organizer of the meeting 5. Meeting includes a gathering or group, whether in a fixed place or moving

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147 Illegal Associati ons

Persons liable for illegal Assembly: 1. Organizers or leaders of the meeting 2. Persons merely present at the meeting Illegal Associations: 1. Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Code 2. Associations totally or partially organized for some purpose contrary to public morals Persons Liable for Illegal Association: 1. Founders, directors and president of the association 2. Mere members of the association

PC in minimum and medium and a fine not exceeding P1,000 founders, directors, and presidents A Mayor mere members of said association

148 Direct Assaults

Two Forms of Direct Assault and Their Requisites: 1. Without public uprising, by employing force or intimidation, for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition a. the offender employs force or intimidation b. the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of crime of sedition c. there is no public uprising 2. Without public uprising, by attacking or employing force or by seriously intimidating or by seriously resisting any person in authority or any of his agents, while engaged in the performance of official duties, or on the occasion of such

PC in medium and maximum periods and a fine not exceeding P1,000 when the assault is committed with a weapon or when the offender is a public officer or employee

Illegal Association distinguished from Illegal Assembly 1. In Illegal Association, it is not necessary that there be an actual meeting; In illegal Assembly, it is necessary there is an actual meeting 2. In illegal associations, it is the act of forming or organizing and membership in association that are punished; in Illegal Assembly, it is the meeting and attendance at such meeting that are punished 3. In illegal associations, the persons liable are the founders, directors and president and the members; In illegal assembly the person liable are the organizers or leaders of the meeting, and persons present at such meeting 1. It does not seem that the offended party in the first form of direct assault must be a person in authority or his agent 2. If the offended party is only an agent of a person in authority, the force employed must be of SERIOUS character to be direct assault 3. The force employed NEED NOT be serious when the offended party is a person in authority 4. The intimidation or resistance must be serious whether the offended party is an agent only or he is a person in authority 5. The resist must be grave, therefore it

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performance Simple Assault: a. the offender makes an attack, employs force, makes a serious intimidation, or makes a serious resistance b. the person assaulted is a person in authority or his agent c. at the time of the assault the person in authority or his agent is engaged in the actual performance of official duties, or that he is assaulted by reason of the past performance of official duties d. the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties e. there is no public uprising Qualified Assault a. when the assault is committed with a weapon b. when the offender is a public officer or employee c. when the offender lays hands upon a person in authority Person in Authority any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission, shall be deemed a person in authority Agent of Person in Authority one who, by direct provision of law, or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio vicelieutenant, barrio councilman and barrio policeman, and any person who comes to the aid of persons in

PC in minimum period and a fine not exceeding P500 no circumstance s present

must be active resistance 6. Intimidation must produce its effects immediately 7. To determine whether a certain public officer is a person in authority, the powers and duties vested in him by law should be determined 8. The status of person in authority being a matter of law, ignorance thereof is no excuse 9. Functions of the person in authority or his agent must be clearly shown in the information 10.When a person in authority or their agents descended to mattes which are private in nature, an attack made by one against the other is not direct assault 11.Even if the agent of a person in authority agrees to fight, it still constitutes direct assault 12.If a person in authority or his agent goes beyond the scope of the respective powers of public officers, if they are fixed, then they are considered NOT in the performance of official duties 13.Knowledge of the accused that the victim is a person in authority or his agent is essential 14.Defendant must have the intention to defy the authorities 15.If is not necessary that the person in authority who was assaulted was ACTUALLLY performing official duties 16.Evidence of motive is important when the person attacked or seriously intimidated is NOT in the actual

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authority To be an agent of a person of authority, one must be charged with: 1. maintenance of public order; and 2. protection and security of life and property Distinguish Direct Assault from Ordinary Assault: a. Direct assault are crimes against public order; ordinary assaults are crimes against persons b. Direct assaults are triable by the Court of First Instance 1. A person in authority or his agent is the victim of any of the forms of direct assault defined in Article 148 2. A person comes to the aid of such authority or his agent 3. The offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent Acts Punishable: 1. By refusing, without legal excuse, to obey summons of Congress, its special or standing committees and subcommittees or divisions, or by any commission or committee chairman or member authorized to summon witnesses 2. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official 3. By refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions 4. By restraining another from attending as a witness in such legislative or constitutional body 5. By inducing disobedience to a summons or refusal to be sworn by any such body or official

performance of his official duty 17.Where in the commission of direct assault, serious or less serious physical injuries are also inflicted, the offender is guilty of the complex crime of direct assault with serious or less serious physical injuries 18.the crime of slight physical injuries is absorbed in direct assault

149 Indirect Assaults

PC in minimum and medium periods and a fine not exceeding P500 A Mayor or a fine ranging from P200 to P1,000 any person who having been summoned Same penalty any person who shall induce disobedience to a summons or refusal to be sworn by any such

1. Indirect assault can be committed only when a direct assault is also committed 2. The offended party in indirect assault may be a private person

150 Disobedi ence to Summons Issued by Congress , its Committe es, etc.

1. Article 150 applies only to disobedience WITHOUT legal excuse 2. Any of the acts punished by Article 150 may also constitute contempt of Congress 3. The court may take any action not amounting to a release of a prisoner of Congress 4. The power of inquiry, with process to enforce it, is an essential and appropriate auxiliary to the legislative functions

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151 Resistanc e and Disobedi ence to a Person in Authority or Agents of Such Person

Resistance and Serious Disobedience (Par.1): 1. A person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender 2. The offender resists or seriously disobeys such person in authority or his agent 3. The act of the offender is not included in the provisions of Articles 148, 149, and 150 Simple Disobedience (Par. 2): 1. An agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender 2. The offender disobeys such agent of a person in authority 3. Such disobedience is not of a serious nature Direct Assault Distinguished from Resistance or Serious Disobedience: 1. In direct assault, the person in authority or his agent must be engaged in performance of official duties or that he is assaulted by reason thereof, but in resistance, the person in authority or his agent must be in actual performance of his duties 2. Direct assault (2nd form) is committed in 4 ways; Resistance is committed only by resisting or seriously disobeying 3. In both, there is force employed, but the force in resistance is not so serious, as there is no manifest intention to defy the law; in direct assault it must be serious and deliberate; 4. When the one resisted is a person in authority, the use of any kind or degree of force will give rise to direct assault; if no force is employed by the offender in resisting or disobeying, the crime committed is resistance Tumults and Other Disturbances of Public Order:

body A Mayor and a fine not exceeding P500 any person shall resist or seriously disobey any person in authority A Menor or a fine ranging from P10 to P100 disobedience to an agent of a person in authority is not of a serious nature

Paragraph 1: 1. The juridical conception of the crime of resistance and disobedience to a person in authority or his agents consists in a failure to comply with orders directly issued by the authorities in the exercise of their official duties 2. The person in authority must be in the actual performance of his official duties 3. The disobedience contemplated consists in the failure or refusal to obey a direct order from the authority or his agent 4. The accused must have knowledge that the person arresting him is a peace officer 5. There is justified resistance when the accused had no right to make the search Paragraph 2: 6. The order must be lawful 7. If the disobedience to an agent of a person in authority is of a serious nature, the offender should be punished under par. 1 of Article 151 8. When the attack or employment of force is not deliberate, the crime is only resistance or disobedience

153 Tumults

A Mayor in medium to PC

1. Serious disturbance must be planned or intended

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and 1. Causing any serious disturbance in a public place, Other office or establishment Disturban 2. Interrupting or disturbing performances, functions ces of or gatherings, or peaceful meetings, if the act is Public not included in Articles 131 and 132 Order 3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place 4. Displaying placards or emblems which provoke a disturbance of public order in such place 5. Burying with pomp the body of a person who has been legally executed Outcry to shout subversive or provocative words tending to stir up the people to obtain by means of force or violence any of the objects of rebellion or sedition Circumstances Qualifying the Disturbance or Interruption - if tumultuous in character Tumultuous the disturbance or interruption shall be deem as such if caused by more than three persons who are armed or provided with means of violence

154 Unlawful Use of Means of Publicati on and Unlawful

Acts Punished as Unlawful Use of Means of Publication and Unlawful Utterances: 1. Publishing or causing to be published, by means of printing, lithography or any other means of publication, as news any false news which may endanger the public order, or cause damage to the interest or credit of the State

in minimum and a fine not exceeding P1,000 Penalty next higher in Degree person causing any disturbance or interruption of a tumultuous character A Mayor person who shall make any outcry tending to incite rebellion or sedition A Menor and a fine not to exceed P200 bury with pomp the body of a person legally executed A Mayor and fine ranging from P200 to P1,000

2. If the act of disturbing or interrupting a meeting or religious ceremony is not committed by public officers, or if committed by public officers they are participants therein, Article 153 should be applied 3. Inciting to Sedition or Rebellion distinguished from Public Disorder It is necessary that offender should have done the act with the idea aforethought of inducing his hearers or readers to commit the crime of rebellion or sedition; if the outcry is more or less unconscious outburst, which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition, it is only public disorder 4. One who fired a submachine gun to cause disturbance, but inflicted serious physical injuries on another, may be prosecuted for 2 crimes

1. It is not necessary that the publication of the false news actually cased public disorder or caused damage to the interest or credit of the State; the mere possibility of causing such danger or damage is sufficient 2. The offender must know that the news

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Utteranc es

155 Alarms and Scandals

2. By encouraging disobedience to the law r to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches 3. By maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially 4. By printing, publishing or distributing (or causing the same) books, pamphlets, periodicals, or leaflets which do not bear the real printers name, or which are classified as anonymous Acts Punished as Alarms and Scandals: 1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause (which produces) alarm or danger 2. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility 3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements 4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Article 153 is not applicable

is false 3. If there is no possibility of danger to the public order or of causing damage to the interest or credit of the state by the publication of the false news

A Menor or a fine not exceeding P200

156 Deliverin g Prisoners from Jail

1. There is a person confined in a jail or penal establishment 2. The offender removes therefrom such person, or helps the escape of such person

A Mayor in maximum to PC in minimum any person who shall

1. It is the result, not the intent that counts. The act must produce alarm or danger as a consequence 2. The discharge of the firearm should not be aimed at a person, otherwise, the offense would fall under Article 254 3. Article 155 does not make any distinction as to the particular place in the town or public place where the discharge of firearm, rocket, etc. is effected 4. The discharge of firecrackers or rockets during fiestas or festive occasion are not covered by this Article 5. Disturbance of serious nature falls under Article 153 6. Charivari medley of discordant voices, a mock serenade of discordant noises made on kettles, tins, horns, etc. designed to annoy and incite 1. Person may be under detention only or by final judgment 2. Hospital or asylum considered as an extension of jail or prison 3. Offender is usually an outsider 4. The guard of the jail, who is off duty,

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Qualifying Circumstance - What constitutes the qualifying circumstance is the offenders act of employing bribery as a means of removing or delivering the prisoner from jail, and not the offenders act of receiving or agreeing to receive a bribe as a consideration fro committing the offense

157 Evasion of Service of Sentence

1. Offender is a convict by final judgment 2. He is serving his sentence which consists in deprivation of liberty 3. He evades the service of the sentence by escaping during the term of his sentence Qualifying Circumstances: 1. by means of unlawful entry (by scaling); 2. by breaking doors, windows, gates, walls, roofs or floors; 3. by using picklocks, false keys, disguise, deceit, violence, or intimidation; or 4. thru connivance with other convicts or employees of penal institution 1. The offender is a convict by final judgment, who

remove from any jail any person confined therein or shall help escape of such person by means of violence, intimidation or bribery Same Penalties in Minimum if escape should take place outside of said establishment by taking guards by surprise PC in medium and maximum escape during term of imprisonment PC in maximum if it shall take with any of the qualifying circumstance s enumerated Increase of

5. 6. 7.

8.

may be held liable for delivering prisoner from jail Violence, intimidation or bribery is not necessary Employment of deceit is not an element of the offense If the crime committed by the prisoner for which he is confined or serving sentence is treason, murder or parricide, the act of taking the place of the prisoner in the prison is that of an accessory and he may be held liable as such, because he assists in the escape of the principal Prisoner is criminally liable for leaving the penal institution only when there is evasion of a sentence

1. The sentence must be by reason of final judgment 2. This article is not applicable to sentence executed by deportation 3. Escape flee from, to avoid, to get out of the way, as to flee to avoid arrest 4. Article 157 is applicable to sentence of destierro, since it consists in a deprivation of liberty 5. Unlawful entry scaling or climbing the wall

158

1. Offender must be a convict by final

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Evasion on Occasion of Disorders

is confined in a penal institution 2. There is a disorder, resulting from: conflagration, earthquake, explosion, similar catastrophe, or mutiny in which he has not participated 3. The offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny 4. The offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the chief executive announcing the passing away of such calamity Mutiny organized unlawful resistance to a superior officer; a sedition or revolt; does not include a riot or if prisoners disarmed the guards and escaped since they are not their superior officers 1. Offender was a convict 2. He was granted a conditional pardon by the Chief Executive 3. He violated any of the conditions of such pardon Conditional Pardon a contract between the Chief Executive, who grants the pardon, and the convict, who accepts it

159 Violation of Condition al Pardon

1/5 of time still remaining to be served under the original sentence, which in no case shall exceed six months Deduction provided in Article 98 if convict shall give himself up within 48 hours PC in minimum period if penalty remitted does not exceed 6 years Unexpired Portion of Original Sentence if penalty remitted is higher than 6 years

judgment 2. The convict must leave the penal institution 3. What is punished is not the leaving of the penal institution, but the failure of the convict to give himself up to the authorities within 48 hours after the proclamation announcing the passing away of the calamity 4. If offender fails to give himself up, he gets an increased penalty 5. If offender gives himself up he is entitle to a deduction of 1/5th of his sentence

160

Quasi-Recidivism

Besides the

1. The court cannot require the convict to serve the unexpired portion of his original sentence if it does not exceed 6 years 2. Violation of conditional pardon is not a substantive offense, because the penalty for such violation is the unexpired portion of the punishment in the original sentence 3. Condition extends to special laws 4. Offender must be found guilty of subsequent offense before he can be prosecuted under Article 159 5. Offender can be arrested and reincarcerated without trial 6. The period when convict was at liberty, not deducted in case he is recommitted 7. Duration of the conditions subsequent is limited to the remaining period of the sentence 1. Second crime must be a felony; but the

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Commissi on of Another Crime During Service of Penalty Imposed for Another Previous Offense 161 Forging the Seal of the Govt, Signature or Stamp of the Chief Executive 162 Using Forged Signature or Counterf eit Seal or Stamp 163 Making and Importing and Uttering False

1. The offender was already convicted by final judgment of one offense 2. He committed a new felony before beginning to serve such sentence or while serving the same Quasi-Recidivism Distinguished from Reiteracion reiteracion requires that the offender against who it is considered shall have served out his sentences for the prior offenses

provisions of Rule 5 Article 62, Maximum of penalty prescribed by law for the new felony

first crime for which the offender is serving sentence need not be a felony (could be under a special law) 2. Quasi-Recidivism cannot be offset by ordinary mitigating circumstances 3. A quasi-recidivist, who is not a habitual criminal, may be pardoned at the age of 70 years if he has already served out his original sentence or when he shall complete it after reaching said age

Acts Punished: 1. Forging the Great Seal of the Government of the Philippines 2. Forging the signature of the president 3. Forging the stamp of the president

RT

1. The offense is not falsification of public document 2. The President has custody and use of the Great Seal 3. The signature of the President must be forged

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. The offender knew of the counterfeiting or forgery 3. He used the counterfeit seal or forged signature or stamp 1. There be false or counterfeited coins 2. The offender either made, imported or uttered such coins 3. That in case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers

P Mayor

The offender under this article should not be the forger.

PM in minimum and medium and a fine not to exceed P10,000 silver coin of

1. A coin is false or counterfeited if it is forged or if it is not authorized by the government as legal tender, regardless of its intrinsic value 2. Former coins withdrawn from circulation may be counterfeited under Article 163 3. Kinds of coins the Counterfeiting of

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Coins

Coin is a piece of metal stamped with certain marks and made current at a certain value Counterfeiting means the imitation of a legal or genuine coin; there must be an imitation of the peculiar design of a genuine coin Import means to bring them into port Utter means to pass counterfeited coins; includes their delivery or act of giving them away

164 Mutilatio n of Coins

165 Selling of False or Mutilated Coins, Without Connivan ce

Acts Punished: 1. Mutilating coins of the legal currency, with further requirement that there be intent to damage or to defraud another 2. Importing or uttering such mutilated coins, with the further requirement that there must be connivance with the mutilator or importer in case of uttering 1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated a. Possession b. With intent to utter c. Knowledge 2. Actually uttering such false or mutilated coins, knowing the same to be false and mutilated a. Actually uttering b. Knowledge

Philippines or coin of CB PC in minimum and medium and a fine not to exceed P2,000 minor coinage of the Philippines or CB PC in minimum and a fine not to exceed P1,000 currency of foreign country PC in minimum and a fine not to exceed P2,000

which is Punished: a. Silver coin of the Philippines or coin of the Central Bank of the Philippines b. Coin of minor coinage of the Philippines or of the Central Bank of the Philippines c. Coin of the currency of a foreign country

Penalty lower 1. by one degree than that 2. prescribed in3. said articles 4. 5.

1. Mutilation means to take off part of the metal either by filing it or substituting it for another metal of inferior quality; to diminish by ingenuous means the metal in the coin 2. The coin must be of legal tender in mutilation 3. Coins of foreign country not included Possession of or uttering false coin does not require that the counterfeited coin is legal tender Constructive possession included Possession of counterfeiter or importer not punished as separate offense Accused must have knowledge of the fact that the coin is false Punishable even if the offender was not in connivance with counterfeiter or mutilator

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166 Forging Treasury or Bank Notes or Other Documen ts Payable to Bearer

Acts Punishable: 1. Forging or falsification of treasury or bank notes or other documents payable to bearer 2. Importation of such false or forged obligations or notes 3. Uttering of such false or forged obligations or notes in connivance with the forgers or importers Forging committed 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; to forge an instrument is to make false instrument intended to be passed for the genuine one Falsification committed by erasing, substituting, counterfeiting, or altering by any means, the figures, letters, words, or signs contained therein Importation means to bring them into the Philippines, which presupposes that the obligations or notes are forged or falsified in a foreign country Uttering means offering obligations or notes knowing them to be false or forged, whether such offer is accepted or not, with a representation, by words or actions, that they are genuine and with an intent to defraud Obligation or Security all bonds, certificates of indebtedness, national bank notes, coupons, treasury notes, fractional notes, certificates of deposits, bills, checks, drafts for money, and other representatives of value under any act of Congress

RT in minimum and fine not to exceed P10,000 obligation or security of Philippines P Mayor in maximum period and a fine not to exceed P5,000 circulating note issued by any banking association duly authorized by law P Mayor in medium and a fine not to exceed P5,000 issued by foreign govt P Mayor in minimum and a fine not to exceed P2,000 circulating note or bill issued by foreign bank

1. Uttering forged bill must be with connivance to constitute a violation of Article 166 2. Notes and other obligations and securities that may be forged or falsified under Article 166: a. Treasury or bank notes, b. Certificates c. Other obligations and securities, payable to bearer 3. A bank note, certificate or obligation and security is payable to bearer when it can be negotiated by mere delivery 4. Penalties depend upon the kind of forged treasure or bank notes or other documents 5. Forgery is Committed: (Article 169) a. By giving to a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document b. By erasing, substituting, counterfeiting, or altering by any means the figures, letters, words, or sign contained therein

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167 Counterf eiting Instrume nts Not Payable to Bearer 168 Illegal Possessio n and use of False Treasury or Bank Notes and Other Instrume nts of Credit 170 Falsificati on of Legislativ e Documen ts 171 Falsificati on by Public Officer, Employee , or

1. There be an instrument payable to order or other document of credit not payable to bearer 2. The offender either forged, imported or uttered such instrument 3. In case of uttering, he connived with the forger or importer 1. That any treasury or bank not 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. The offender knows that any of those instruments is forged or falsified 3. He performs any of these acts: a. using any of such forged or falsified instruments b. possessing with intent to use any of such forged or falsified instruments 1. That there be a bill, resolution or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council 2. The offender alters the same 3. He has no proper authority therefore 4. The alteration has changed the meaning of the document 1. Offender is a public officer, employee or notary public 2. He takes advantage of his official position a. He has duty to make or to prepare or otherwise intervene in the preparation of the document; or b. He has the official custody of the document

duly authorized therefore PC in medium and maximum and a fine not to exceed P6,000 Penalty next lower in degree than that prescribed in said articles

PC in maximum and a fine not to exceed P6,000

1. Application of this article is limited to instruments payable to order 2. It includes such instruments or document of credit issued by a foreign government or bank 3. Connivance is not required in uttering if the utterer is the forger 1. Intent to posses is not intent to use 2. Possession of false treasury or bank notes alone is not a criminal offense 3. Accused must have knowledge of forged character of the note 4. A person in possession of falsified document and who makes use of the same is presumed to be material author of falsification 5. It is not an impossible crime when the act performed would have been a crime of illegal possession of false treasury notes 1. Bill, resolution or ordinance must be genuine 2. Offender is any person 3. The act of falsification in legislative document is limited to altering it which changes its meaning 1. In falsification by making alteration or intercalation or including in a copy a different statement, there must be a genuine document that is falsified; in other paragraphs, falsification may be committed by simulating or fabricating a document

P Mayor and a fine not to exceed P5,000 first paragraph Same penalty

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Notary or Ecclesias tical Minister

which he falsifies 3. That he falsifies a document by committing any of the following acts: a. counterfeiting or imitating (feigning) any handwriting, signature or rubric i. that there be an intent to imitate, or an attempt to imitate ii. that the 2 signatures or handwritings, the genuine and the forged, bear some resemblance to each other b. causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate i. the offender caused it to appear in a document that a person(s) participated in an act or proceeding ii. That such person(s) did not in fact so participate in the act or proceeding c. Attributing to person who have participated in an act or proceeding statements other than those in fact made by them i. that a person(s) participated in an act or proceeding ii. that such person(s) made statements in that act or proceeding iii. that the offender, in making the document, attributed to such person(s) statements other than those in fact made by such person(s) d. Making untruthful statements in a narration of facts i. that the offender makes in a document statements in a narration of facts ii. that he has a legal obligation to disclose the truth of the facts narrated by him iii. that the facts narrated by the offender are absolutely false e. Altering true dates

ecclesiastical minister

2. Paragraph 1 a. Counterfeiting imitating any handwriting, signature or rubric b. Feigning simulating a signature, handwriting or rubric out of one which does not in fact exist 3. Paragraph 2 when committed by a private individual, Article 172 should apply 4. Paragraph 4 a. There must be a narration of facts, not of conclusion of law b. Legal Obligation there is a law requiring the disclosure of the truth of the facts narrated c. Person making the narration of facts must be aware of the falsity of the facts narrated by him d. Perversion of truth must be made with the wrongful intent of injuring 3rd person e. Wrongful intent not essential when the document falsified is a public document f. Good faith is a defense g. Falsification by omission is punishable 5. Paragraph 5 Date must be essential 6. Paragraph 7 a. liability of private individual when there is conspiracy same as public officer b. Intent to gain or prejudice not necessary

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172 Falsificati on by Private Individua ls and use of Falsified Documen ts

f. Making any alteration or intercalation in a genuine document which changes its meaning i. that there be an alteration (change) or intercalation (insertion) on a document ii. that it was made a genuine document iii. that the alteration or intercalation has changed the meaning of the document iv. that the change made the document speak something false g. Issuing in authenticated form a document purporting to be a copy of any original document when no such original exists, or including in such copy a statement contrary to, or different from that of the genuine original h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official book. 4. In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons Acts Punished and Their Requisites: 1. Falsification of public, official or commercial document by a private individual a. that the offender is a private individual or a public officer or employee who did not take advantage of his official position b. that he committed any of the acts of falsification enumerated in Article 171 c. that the falsification was committed in a public or official or commercial document 2. Falsification of private document by any person a. that the offender committed any of the acts of falsification, except those in paragraph 7,

PC in medium and maximum and a fine of not more than P5,000

Paragraph 1 1. Four Kinds of Documents a. Public Document created, executed or issued by a public official in response to exigencies of public service, or in execution of which a public official intervened b. Official Document issued by a public official in exercise of the functions of his office c. Private Documents deed or instrument executed by a private person without the intervention of notary public or other person legally authorized, by which document

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enumerated in Article 171 b. that the falsification was committed in any private document c. that the falsification caused damage to a third party or at least the falsification was committed with intent to cause such damage 3. Use of falsified document Introducing in Judicial Proceeding: a. that the offender knew that a document was falsified by another person b. that the false document is embraces in Article 171 or in any subdivision no 1 or 2 or Article 172 c. that he introduced said document in evidence in any judicial proceeding Use in Any Other Transaction: a. that the offender knew that a document was falsified by another person b. that the false document is embraced in Article 171 or in any of subdivision no. 1 or 2 of Article 172 c. that he used such document (not in judicial proceedings) d. that the use of the false documents caused damage to another or at least it was used with intent to cause such damage

some disposition or agreement is proved, evidenced or set forth d. Commercial Documents defined and regulated by the Code of Commerce or any other commercial law 2. Mere blank form of official document is not in itself a document 3. Possessor of a certificate of tile is presumed to be the author of the falsification that made possible the transfer of title 4. Possessor of falsified document is presumed to be author of falsification 5. Good faith is a defense Paragraph 2 1. Mere falsification is not enough; requires: a. he must have counterfeited the false document b. he must have performed an independent act which operates to prejudice 3rd person 2. Damage need not be material 3. not necessary that offender profited or hope to profit by falsification 4. Falsification may be a necessary means to commit other crimes a. no complex crime of estafa thru falsification of private document b. no falsification thru reckless imprudence if document is private and no actual damage is caused c. crime is falsification of public document, even if falsification took place before the private document becomes part of public records Generally, falsification has no attempted or

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173 Falsificati on of Wireless, Cable, Telegrap h and Telephon e Messages

Acts Punishable 1. Uttering fictitious wireless, telegraph or telephone message a. That the offender is an officer or employee of the government or of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message b. That the offender commits any of the following acts: i. uttering fictitious wireless, cable, telegraph or telephone message ii. falsifying wireless, cable, telegraph or telephone message 2. Falsifying wireless, telegraph or telephone message * same as above 3. Using such falsified message a. that the accused knew that wireless, cable, telegraph, or telephone message was falsified by any of the person specified in the 1st paragraph of Article 173 b. that the accused used such falsified dispatch c. that the use of the falsified dispatch resulted in the prejudice of a 3rd party, or that the use thereof was with intent to cause such prejudice

PC in medium and maximum falsification Penalty next lower in degree use of such falsified dispatch

frustrated stage Paragraph 3 1. Damage not necessary in crime of introducing in judicial proceedings; Intent to cause damage, at least, is required in use of falsified document in proceeding not judicial 2. User deemed author of falsification if a. the use was so closely connected in time with falsification b. the user had the capacity of falsifying the document 1. Private individual cannot be a principal by direct participation in falsification of telegraphic dispatches 2. Private individual may be held liable as principal by inducement in falsification of telegraph dispatches or telephone messages

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174 Falsificati on of Medical Certificat es, Certificat es of Merit or Service 175 Using False Certificat es

176 Mnftg and Possessio n of Impleme nts for Falsificati on 177 Two Ways of Committing the Crime: Usurpatio 1. By knowingly and falsely representing oneself to n of be an officer, agent or representative of any Authority department or agency of the Philippine or Official Government or any foreign government Functions - In usurpation of authority, the mere act of knowingly and falsely representing oneself to be an officer, etc. is sufficient; it is not necessary that he performs an act pertaining to a public officer 2. By performing any act pertaining to any person in

Persons Liable: 1. Physician or Surgeon must refer to illness or injury of a person; called False Medical Certificate by a Physician 2. Public Officer includes merit,, service, good conduct or similar circumstances; called False Certificate of Merit or Service by a Public Officer 3. Private Individual False Medical Certificate by a Private Individual or False Certificate of Merit by a Private Individual 1. That the physician or surgeon had issued a false medical certificate, or a public officer had issued a false certificate of merit or service, good conduce or similar circumstance, 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 Acts Punished: 1. Making or introducing in to the Philippines any stamps, dies, 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

A Mayor in Maximum to PC in minimum and a fine not to exceed P1,000 A Mayor A Menor

1. Certificate any writing by which

testimony is given that a fact has or has not taken place 2. Falsification of certificate of large cattle is now covered by Article 171 or 172 and not 174

PC in medium and maximum and a fine not to exceed P10,000 Penalty next lower in degree PC in minimum and medium periods

1. Implements confiscated need not form a complete set 2. Also punished constructive possession

1. There must be positive, express and explicit representation 2. The offender should have represented himself to be an officer, agent or representative of any department or agency of the government; or should have performed an act pertaining to a person in authority or public officer 3. False representation may be shown by acts 4. Article 177 may be violated by a public

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authority or public officer of the Philippine Government or of a foreign government or any agency thereof, under pretense of official position, and without being lawfully entitled to do so - In usurpation of official functions, it is essential that the offender should have performed an act pertaining to a person in authority or public officer, in addition to other requirements 178 Using Fictitious Name and Concealin g True Name Using Fictitious Name: 1. The offender uses a name other than his real name 2. He uses that fictitious name publicly 3. The purpose of the offender is to conceal a crime, to evade the execution of a judgment, or to cause damage to public interest Concealing True Name: 1. That the offender conceals his true name and all other circumstances 2. That the purpose is only to conceal his identity Distinction Between Use of Fictitious Name and Concealing True Name: 1. In use, the element of publicity must be present; in concealing true name, that element is not necessary 2. The purpose of use of fictitious name is any of those 3 enumerated; in concealing true name, it is merely to conceal identity 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 A Mayor and a fine not to exceed P500 use of fictitious name A Menor and a fine not to exceed P200 conceal true name

officer 5. Article 177 does not apply to occupant under color of title 6. Article 177 punishes usurpation of authority or official functions of any officer of any foreign government 7. The act performed, without the offender being lawfully entitled to do so, must pertain to the government, or to any person in authority, or to any public officer 1. If the purpose is for causing damage, it must be damage to public interest 2. Signing a fictitious name in an application for passport is publicly using such fictitious name 3. Where a person takes the place of another who has been convicted by final judgment, he is guilty of using a fictitious name punishable under this Article 4. Fictitious Name any other name which a person publicly applies to himself without authority of law 5. Com Act No. 142 regulates the use of aliases

179 Illegal Use of Uniforms or Insignia

A Mayor

1. Wearing the uniform of an imaginary office is not punishable 2. An exact imitation of a uniform or dress is unnecessary

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180 False Testimon y Against a Defendan t

1. 2. 3. 4.

publicly and improperly That there be a criminal proceeding That the offender testifies falsely under oath against the defendant therein That the offender who gives false testimony knows that it is false that the defendant against whom the false testimony is given is either acquitted or convicted in a final judgment

False Testimony committed by a person who, being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it Nature of Crime of False Testimony particularly odious when committed in judicial proceedings, as it constitutes an imposition upon the court and seriously exposes it to a miscarriage of justice

181 False Testimon y Favorabl e to Defendan t

Nature of the Crime False testimony favorable to the defendant is equally repugnant to the orderly administration of justice False testimony is punished because of its tendency to favor or to prejudice the defendant

RT if the defendant shall have been sentenced to death PM if defendant shall have been sentenced to RT or Perpetua A Mayor if defendant shall have been sentenced to correctional penalty or a fine, or shall have been acquitted A Mayor in max to PC in minimum and a fine not to exceed P1,000 if prosecution is for a felony punishable by an afflictive penalty A Mayor in any other case

1. Penalty for false testimony against the defendant in a criminal case depends upon the sentence imposed on the person against whom the false testimony was given 2. Defendant must be sentenced at least to a correctional penalty, or a fine, or must be acquitted 3. Witness who gave false testimony is liable even if his testimony was not considered by the court 4. The law intends to punish the mere giving of false testimony

1. False testimony by negative statement is in favor of defendant 2. The false testimony favorable to the defendant need not benefit the defendant 3. Rectification made spontaneously after realizing the mistake is not false testimony

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182 False Testimon y 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 said case

PC in minimum and a fine not to exceed P6,000 A Mayor in max to PC in minimum and fine not to exceed P1,000

183 False Testimon y in Other Cases and Perjury in Solemn Affirmati on

1. Two ways of Committing Perjury a. By falsely testifying under oath; and b. By making a false Affidavit 2. Elements of Perjury a. That the accused made a statement under oath or executed an affidavit upon a material matter b. That the statement or affidavit was made before a competent officer, authorized to receive and administer oath c. That in the statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; and d. That the sworn statement or affidavit containing the falsity is required by law Oath any form of attestation by which a person signifies that he is bound in conscience to perform an act faithfully and truthfully Affidavit sworn statement in writing; a declaration in writing, made upon oath before an authorized magistrate or officer

A Mayor in maximum to PC in minimum

1. The testimony given in civil case must be false 2. Article 182 is not applicable when the false testimony is given in special proceedings 3. Penalty depends on amount of the controversy a. PC in minimum and a fine not to exceed P6,000 if amount in controversy shall exceed P5,000 b. A Mayor in max to PC in minimum and fine not to exceed P1,000 if amount in controversy shall not exceed said amount or cannot be estimated 1. There must be competent proof of materiality 2. Distinguish: a. Material when it is directed to prove a fact in issue b. Relevant when it tends in any reasonable degree to establish the probability or improbability of a fact in issue c. Pertinent when it concerns collateral matters which make more or less probable the proposition at issue 3. If the false testimony given by the witness Is not important, essential or material to the principal matter under investigation, it cannot properly be held that perjury is committed 4. No perjury if defendant subscribed and swore before a clerk in treasurers office since clerk in not a competent person authorized to administer oaths 5. The assertion of falsehood must be

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Material Matter it is the main fact which is the subject of the inquiry or any circumstance which tends to prove that fact, or any fact or circumstance which tends to corroborate or strengthen the testimony relative to the subject of inquiry, or which legitimately affects the credit of any witness who testifies Competent Person Authorized to Administer Oath a person who has a right to inquire into the questions presented him upon matters under his jurisdiction 184 Offering False Testimon y in Evidence 1. That the offender offered in evidence a false witness or false testimony 2. That he knew the witness or the testimony was false 3. That the offer was made in a judicial or official proceeding Offer of Evidence begins the moment a witness is called to the witness stand and interrogated by counsel 185 Machinati ons, Monopoli es, and Combinat ions 1. By soliciting any gift or promise as a consideration for refraining from taking part in any public auction a. That there be a public auction b. That the accused solicited any gift or promise from any of the bidders c. That such gift 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 2. By attempting to cause bidders to stay away from PC in minimum period and a fine ranging from 10% to 50% of the value of the thing auctioned Respective penalties provided in this section

willful and deliberate 6. Good faith or lack of malice is a defense in perjury 7. 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 8. Two contradictory sworn statements are not sufficient to convict of perjury 9. Subornation of Perjury committed by a person who knowingly and willfully procures another to swear falsely and the witness suborned does testify under circumstances rendering him guilty 1. Even if there was conspiracy between false witness and party who presented him, the witness having desisted before he could testify on any material matter, he is NOT liable, because desistance during the attempted stage of execution is an absolutory cause which exempts him from criminal liability 2. Article 184 applies when the offender does not induce a witness to testify falsely 1. Crime is consummated by mere solicitation 2. Other artifice includes the use of trickery 3. An attempt to cause prospective bidders to stay away from an auction by means of threats, gifts, etc, with the intent that the thing auctioned should command a lesser price, is sufficient to constitute an offense 4. The threat need not be effective nor the offer or gift accepted for the crime to arise

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186 Monopoli es and Combinat ions in Restraint of Trade

an auction by threats, gifts, promises or any other artifice a. That there be a public auction b. That the accused attempted to cause the bidders to stay away from the public auction c. That is 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 Acts Punished as Monopolies: 1. Combination to prevent free competition in the market - by entering into any 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 to prevent by artificial means free competition in the market 2. Monopoly to restrain free competition in the market - by monopolizing any merchandise or object of trade or commerce, or by combining with any other person(s) 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 3. 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 merchandise a. Person Liable manufacturer, producer, processor, or importer of any merchandise or object of commerce b. Crime Committed by combining, conspiring, or agreeing with any person c. Purpose to make transactions prejudicial to lawful commerce, or to increase the market

5. Reason for the Provision: execution sales should be opened to free and full competition in order to secure the maximum benefit for the debtors

PC in minimum or a fine ranging from P200 to P6,000, or both

1. The theory in penalizing monopolies

and combinations in restraint of trade is that competition, not combination, should be the law of trade Any property possessed under any contract or combination contemplated in this article, shall be forfeited to the Government The law intends to punish the mere conspiracy or combination at which it is aimed If the offense affects any food substance, motor fuel or lubricants or other article of prime necessity, it is sufficient for the imposition of the higher penalty that the initial steps have been taken toward carrying out the purposes of combination When the offense is committed by a corporation or association, the president and directors or managers are liable as principals thereof; But the president and directors or managers are only liable if they: a. knowingly permitted, or b. failed to prevent the commission of such offense

2.

3.

4.

5.

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187 Importati on and Dispositi on of Falsely Marked Articles 188 Substitut ing and Altering Trademar ks, Trade names, or Service marks

price of any merchandise or object of commerce manufactured, produced, processed, assembled or imported into the Philippines 1. That the offender imports, sells, or disposes of any of those articles or merchandise 2. The stamps, brands, or marks of those articles of merchandise fail to indicate the actual fineness or quality of said metals or alloys 3. The offender knows that stamps, brands, or marks fail to indicate the actual fineness or quality of the metals or alloys Acts Punishable: 1. By substituting the trade name or trademark of some other manufacturer or dealer, or a colorable imitation thereof, for the trade name or trademark of the real manufacturer or dealer upon any article of commerce and selling the same 2. By selling or by offering for sale such articles of commerce, knowing that the trade name or trademark has been fraudulently used 3. By using or substituting the service mark or some other person, or a colorable imitation of such mark, in the sale or advertising of his services 4. By printing, lithographing, or reproducing trade name, trademark, or service mark of one person, or a colorable imitation thereof, to enable another person to fraudulently use the same, knowing the fraudulent purpose for which it is to be used Trade Name name or designation identifying or distinguishing an enterprise Trade Name Distinguished from Trademark 1. Trade name is used in trade to designate a

PC or a fine ranging from P200 to P1,000

1. Articles of merchandise involved: gold, silver, other precious metals, or their alloys. 2. Selling the misbranded articles is not necessary 3. Article 187 does not apply to manufacturer of misbranded articles made of gold, silver, etc. 1. The trade name, etc. used by the offender need not be identical with the infringed trade name, etc of the offended party; a colorable imitation is sufficient 2. There must not be differences which are glaring and striking to the eye 3. Mark any visible sign capable of distinguishing the foods (trademark) or service (service mark) of an enterprise and shall include a stamped or marked container 4. The trademarks function is to indicate the origin or ownership of the goods to which it is fixed 5. The objects of trademark are to point out distinctly the origin or ownership of the article to which it is affixed, to secure to him, who has been instrumental in brining into market a superior article of merchandise, the fruit of his industry and skill, and to prevent fraud and imposition 6. It is not necessary that the goods of the prior user and the late user of the

PC in minimum or a fine ranging from P500 to P2,000 or both

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particular business of certain individuals considered as an entity; trademark is used to indicate the origin or ownership of the goods to which it is affixed 2. Trade name, unlike trademarks, are not necessarily attached or affixed to the goods of the owner 189 Unfair Competiti on, Fraudule nt Registrat ion of Trade Name, trademar k, or service mark, Fraudule nt designati on of Origin, and False Descripti on Acts Punished: 1. By selling his goods, giving them the general appearance of the goods of another manufacturer or dealer (Unfair Competition) 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 (d) any other feature of their appearance c. That the offender offers to sell(s) 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 public or defraud a competitor 2. 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) by selling such goods and services 3. By procuring fraudulently from the patent office the registration of trade name, trademark, or service mark Smuggling or Illegal Importation: - requisites: 1. that the merchandise must have been fraudulently or knowingly imported contrary to Penalty provided for in the next preceding article

trademark are of the same categories 7. The trade name or trademark must be registered 8. Trademark must not be merely descriptive or generic 9. The exclusive right to an originally valid trademark or trade name is lost, if for some reason it loses its distinctiveness or has become publici juris 1. Mere offer for sale completes the commission of the crime 2. Evidence of actual fraudulent intent is not necessary 3. The basis for penalizing unfair competition is that no one shall, by imitating or any unfair device, induce the public to believe that the goods he offers for sale are the goods of another, and thereby appropriate to himself the value of the reputation which the other has acquired for the products or merchandise manufactured or sold by him 4. The true test of unfair competition is whether certain goods have clothed with an appearance which is likely to deceive ordinary purchaser exercising ordinary care, and not whether a certain limited class of purchaser with special knowledge not possessed by the ordinary purchaser could avoid mistake by the exercise of this special knowledge 5. Master is liable for acts of servant 6. Infringement of Trademark or Tradename distinguished from Unfair Competition a. UC is broader and more inclusive

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law 2. that the defendant, if he is not the importer himself, must have received, concealed, bought, sold or in any manner facilitated the transportation, concealment or sale of the merchandise 3. that the defendant must be shown to have knowledge that the merchandise had been illegally imported

b. In UC, the offended party has identified in the mind of the public the goods he manufactures or deals in from those of others; while in infringement, the offended party has identified a peculiar symbol/mark with his goods and thereby has acquired a property right in such symbol/mark c. In UC, the offender gives his goods the general appearance of the goods of another manufacturer / dealer and sells the same; while in infringement, the offender uses the trademark or tradename of another manufacturer or dealer and sells his goods on which the trademark is affixed 7. The use of duly stamped or marked containers is regulated

Repealed by Dangerous Drugs Act of 1972 Amended by PD 1602 Prescribing Stiffer Penalties in Illegal Gambling 196 Acts Punished: Importati 1. By importing into the Philippines from any foreign on, sale place or port any lottery ticket or advertisement and 2. By selling or distributing the name in connivance Possessio with the importer n of 3. By possessing, knowingly and with intent to use, Lottery lottery tickets or advertisements Tickets or 4. By selling or distributing the same without Ads connivance with the importer

190 194 195 199

A Mayor in maximum to PC in minimum or a fine ranging from P200 to P2,000, or both importation or selling and distributing A Menor or fine not exceeding P2,000 or

1. The possession of any lottery ticket or

advertisement is prima facie evidence of an intent to sell, distribute or use of the same 2. If the defendant can establish that he did not know of the existence of the lottery ticket, the presumption is destroyed 3. It is not necessary that the lottery tickets be genuine, as it is enough that they be given the appearance of lottery tickets 4. If the lottery tickets are counterfeit, they cannot give rise to the evil sought to be eradicated

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both possessing 197 198 Illegal Betting on Horse Races Repealed by PD 483 Betting, Game-Fixing or PointShaving and Machinations in Sport Contests Acts Punishable: 1. By betting on horse races during the periods NOT allowed by law 4. By maintaining or employing a totalizer or other device or scheme for betting on races or realizing profit therefrom, during the periods not allowed by law A Menor or fine not exceeding P200, or both A Mayor or a fine from P200 to P2,000, or both 1. Totalizer machine for registering and indicating the number and nature of bets made on horse races 2. Horse Races Prohibited on: a. July 4th of every year b. December 30th of every year c. Any registration or voting days d. Holy Thursday and Good Friday 2. The race held on the same day and at the same place is punishable as separate offenses 3. There is no liability if there is no betting or use of totalizer 1. Permitting gambling of any kind in cockpit is punished under the same Decree 2. Spectators in a cockfight are not liable

199 Illegal Cockfight ing

200 Grave Scandal

Amended by PD 449 Cockfighting Law of 1974 Persons Liable: 1. Any person who directly or indirectly participates in cockfighting, by betting money or other valuable things, or who organizes cockfights at which bets are made, on a day other than those permitted by law 2. Any person who directly or indirectly participates in cockfights, by betting money or other valuable things, or organizes such cockfights, at a place other than a licensed cockpit 1. That the offender performs an act(s) 2. That such act(s) be highly scandalous as offending against decency or good customs 3. That the highly scandalous conduct is not expressly falling within any other article of this Code 4. That the act or acts complained of be committed in a public place or within the public knowledge or view

A Menor or a fine not exceeding P200 or both

A Mayor and Public Censure

1. Decency propriety of conduct; proper observance of the requirements of modesty, good taste, etc. 2. Customs established usage, social conventions carried on by tradition and enforced by social disapproval of any violation thereof 3. If the act(s) of the offender are punished under another article of this

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201 Immoral Doctrines , Obscene Publicati ons and Exhibitio ns, and Indecent Shows

Grave Scandal consists of acts which are offensive to decency and good customs which, having been committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same Publicity is essential Moral conformity with the generally accepted standards of goodness or rightness in conduct or character Obscene something offensive to chastity, decency, delicacy Those Liable: 1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals 2. Authors of obscene literature, published with their knowledge in any form, the editors publishing such literature; and the owners/operators of the establishment selling the same 3. Thos who, in theaters, fairs, cinematographs, etc., exhibit indecent or immoral plays, scenes, acts, etc. it being understood that the obscene literature or indecent or immoral lays, etc. whether in live or in file, which are proscribed by virtue hereof 4. Those who shall sell, give away, or exhibit films, prints, engravings, sculptors, etc. which are offensive to morals Vagrants: 1. Any person having no apparent means of subsistence, who has physical ability to work and who neglects to apply himself to some lawful calling 2. Any person found loitering about public or semipublic buildings or places, or tramping or

code, Article 200 is not applicable 4. The acts must be performed in a public place or within the public knowledge or view PM or a fine ranging from P6,000 to P12,000 or both 1. The author of obscene literature is liable only when it is published with his knowledge 2. In every case, the editor publishing is liable 3. The test of obscenity is whether the tendency of the matter charged as obscene is to deprave or corrupt those minds are open to such immoral influences, an d into who shads such a publication may fall and also whether or not such publication or act shocks the ordinary and common sense of men as an indecency 4. Mere nudity in pictures or paintings is not an obscenity 5. Give Away should be read as distribute 6. Pictures with slight degree of obscenity not used for arts sake but for commercial purposes, fall under this Article 7. The object of the law is to protect the morals of the public 8. Disposition of articles to be forfeited in favor of the government 1. Only par. 1 and 2 requires absence of visible means of support 2. Mendicancy and abetting mendicancy are punished 3. Giving of alms thru organized agencies operation under the rules and

202 Vagrants and Prostitut es

A Menor or a fine not exceeding P200 In case of recidivism, A

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wandering about the country or the streets without visible means of support 3. Any idle or dissolute person who lodges in houses of ill-fame; ruffians or pimps and those who habitually associate with prostitutes 4. Any person who, not being included in the provision of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose Prostitute a woman who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct

Mayor in medium to PC in minimum or a fine from P200 to P2,000 or both

4. 5. 6.

7.

regulations of the Ministry of Public Information is not a violation of the Mendicancy Law Dissolute lax, unrestrained, immoral Ruffians brutal, violent, lawless persons Pimp one who provides gratification for the lust of others Sexual intercourse is not absolutely necessary

203 Who are Public Officers

204 Knowingl y

1. Taking part in the performance of public functions in the Government, or performing in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class; and 2. That his authority to take part in the performance of public functions or to perform public duties must be: a. by direct provision of the law, or b. by popular election c. by appointment by competent authority 1. That the offender is a judge; 2. That he renders a judgment in a case submitted to him for decision

1. The term public officers embraces every public servant from the highest to the lowest 2. Temporary performance of public functions by a laborer makes him a public officer

PM and Perpetual Absolute

1. Judgment final consideration and determination of a court of competent jurisdiction upon the matters submitted

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Renderin g Unjust Judgment

3. That the judgment is unjust 4. That the judge knows that his judgment is unjust Misfeasance - improper performance of some act which might lawfully be done Malfeasance - performance of an act which ought NOT to be done Nonfeasance - omission of some act which ought to be performed

Disqualificatio n (PAD)

205 Renderin g Judgment Thru Negligen ce

1. That the offender is a judge; 2. that he renders a judgment in a case submitted to him for decision 3. That he judgment is manifestly unjust 4. That it is due to his inexcusable negligence or ignorance

A Mayor and Temporary Special Disqualificatio n (TSD)

206 1. That the offender is a judge; Renderin 2. That he performs any of the following acts: g Unjust a. knowingly renders unjust interlocutory order Interlocut or decree; or ory Order b. renders a manifestly unjust interlocutory order or decree thru inexcusable negligence or ignorance

A Mayor in minimum and Suspension Suspension

to it, in an action or proceeding 2. Unjust Judgment one which is contrary to law, or is not supported by the evidence, or both 3. An unjust judgment is rendered knowingly, when it is made deliberately and maliciously 4. Sources of Unjust Judgment: a. Error no liability for error in good faith b. Ill-will or Revenge c. Bribery 5. There must be evidence that the judgment is unjust it cannot be presumed 6. Judgment must be contrary to law and not supported by evidence 7. There must be evidence that the judge knew that his judgment is unjust 1. A manifestly unjust judgment is one so manifestly contrary to law, that even a person having a meager knowledge of the law cannot doubt the injustice 2. Abuse of discretion or mere error of judgment, where there is not proof or even allegation of bad faith, or ill motive, is not punishable 1. Interlocutory Order issued by court between commencement and end of a suit or action and which decides some point/matter but which, however, is not a final decision of matter in issue 2. Test in Determining: Does it leave something to be done in the trial court with respect to the merits of the case? a. if it does it is interlocutory b. if it doesnt it is final

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207 Malicious Delay in the Admin of Justice 208 Derelictio n of Duty in Prosecuti on of Offenses

1. 2. 3. 4.

That That That That

the offender is a judge there is a proceeding in his court he delays the administration of justice the delay is malicious

PC in minimum

Acts Punishable: 1. By maliciously refraining from institution prosecution against violators of the law 2. By maliciously tolerating the commission of offenses Elements: 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 the prosecution of the criminal or knowing that a crime is about to be committed, he tolerates its commission

PC in minimum period and suspension

209 Betrayal of Trust by an Attorney or Solicitor

210 Direct

Acts Punished: 1. By causing damage to his client, either (a) by any malicious breach of professional duty, (b) by inexcusable negligence or ignorance 2. By revealing any of the secrets of his client learned by him in his professional capacity 3. By undertaking the defense of the opposing party in the same case, without the consent of his first client, after having undertaken the defense of said first client or after having received confidential information from said client Acts Punishable in Direct Bribery: 1. By agreeing to perform, or by performing, in

In addition to proper administrativ e action, PC in minimum or a fine ranging P200 P1,000

PM in medium and

1. Mere delay without is not a felony under this article 2. Delay is Malicious the delay is cause by the judge with deliberate intent to inflict damage on either party in the case 1. Negligence under this article is not merely lack of foresight or skill, but neglect of duties of office by maliciously failing to move the prosecution and punishment of the delinquent 2. Malice is an important element 3. Officers of the Law includes all those of the prosecution who, by reasons of the position held by them, are dutybound to cause the prosecution (includes Chief of Police and barrio lieutenant) 4. Maliciously signifies deliberate intent 5. Crime committed by the law-violator must be proved first before the person charged with dereliction can be made liable 6. RPC not applicable to revenue officers 1. Under first act, there must be DAMAGE to his client 2. Under 2nd act, damage is NOT necessary 3. Under 3rd act, if the client consents to the attorneys taking the defense of the other party, there is no crime 4. Procurador Judicial a person who had some practical knowledge of law and procedure, but not a lawyer, and was permitted to represent a party in a case before an inferior court First Element: 3. Temporary performance of public

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Bribery

consideration of any offer, promise, gift or present and act constituting a crime, in connection with the performance of his official duties 2. By accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty 3. By agreeing to refrain, or by refraining, from doing something which is his official duty to do, in consideration of gift or promise Elements: 1. That the offender be a public officer within scope of Article 203 2. That the offender accepts an offer or a promise or receives a gift or present by himself or thru another 3. That such offer or promise be accepted, or gift or present received by the public officer: a. with a view to committing some crime; or b. in consideration of the execution of an act which does not constitute a crime, but the act must be unjust c. to refrain from doing something which it is his official duty to do 4. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties Prevaricacion (Art. 208) Distinguished from Bribery: 1. Both are committed by refraining doing something which pertains to the official duty of the officer 2. In bribery, the offender refrained from doing his

maximum and fine of not less than value of gift and not less than 3x value of gift, in addition to the penalty corresponding to crime agreed upon and Special Temporary Disqualificatio n (STD) if the same crime should have been committed and if the act does not constitute a crime and officer executed the act PC in medium and fine of not less than 2x value of gift and STD if act shall not have been accomplished

functions is sufficient to constitute a person a public officer 4. It is believed that it does not cover a private individual because the additional penalty of STD has no practical application Second Element: 1. Gift may be received by public officer himself or thru a 3rd person 2. Bribery exists: a. when the gift is offered voluntarily by a private person b. when the gift is solicited by a public officer and the private person voluntarily delivers it to the public officer c. when the gift is solicited by a public officer, as the consideration for his refraining from the performance of an official duty and the private person 3. A promise of gift to a public officer who accepts such promise is sufficient under 1st paragraph 4. In 2nd paragraph, the gift must be ACCEPTED 5. If the offer is not accepted, only the person offering the gift is criminally liable 6. The gift must have a value or be capable of pecuniary estimation Third Element: 1. The act which the public officer agrees to perform must be connected with the

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official duty in consideration of a gift received or promised; while in crime of prevaricacion this element is NOT necessary

211 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 Direct Bribery Distinguished from Indirect Bribery: 1. In both, the public officer receives a gift 2. In direct bribery, there is an agreement between the public officer and the giver; in indirect bribery, usually, no such agreement exists 3. In direct bribery, the offender agrees to perform or performs an act or refrains from doing something, because of the gift or promise; in indirect bribery, in is NOT necessary that the officer should do any particular act or even promise to do any act, as it is enough that he accepts gifts offered to him by reason of his office

A Mayor, suspension in minimum and medium and public censure No attempted or frustrated indirect bribery

performance of official duties 2. It is not bribery if the act is in discharge of a mere moral duty 3. The fact that the act agreed to be performed is in excess of his power, jurisdiction, or authority is no defense, EXCEPT: if act is so foreign to duties of office as to lack even color of authority 4. In bribery, the gift or present must be given to the public officer to corrupt him 1. The gift is usually given to the public officer in anticipation of future favor from the public officer 2. There must be a clear intention on the part of the public officer to take the gift so offered and consider the same as his own property 3. Mere physical receipt unaccompanied by any other sign, circumstance or act to show such acceptance is NOT sufficient to lead the court to conclude that the crime of indirect bribery has been committed 4. People vs. Pamplona (pg. 361) considered indirect bribery even if there was a sort of agreement between public officer and giver; reason: the act executed by the accused was NOT unjust, therefore it cannot be direct bribery

211-A Qualified Bribery

1. That the offender is a public officer or entrusted with law enforcement 2. That the offender refrains from arresting or prosecuting an offender who has committed a crime punishable by RP and/or death 3. That the offender refrains from arresting or prosecuting the offender in consideration of any

Penalty for offense which was not prosecuted first paragraph

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promise, gift or present

212 Corruptio n of Public Officials

1. That the offender offers or promises or gives gifts or presents 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

213 Frauds Against the Public Treasury and Similar Offenses

Acts Punishable as Frauds Against Public Treasury: 1. By entering into any agreement with any interested party or speculator or making use of any other scheme, to defraud the government, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to property or funds. 2. By demanding, directly or indirectly, the payment of sums different form or larger than those authorized y law, in the collection of taxes, licenses, fees, and other imposts. 3. By failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, in the collection of taxes, licenses, fees, and other imposts 4. By collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law, in the collection of taxes, licenses, fees, and other imposts

Penalty of death if it is the public officer who asks or demands such gift or present Same penalties imposed upon officer corrupted except disqualificatio n and suspension PC medium to PM minimum, or a fine ranging from P200 to P10,000, or both

1. Offender in this article is the giver or

offeror 2. The public officer sought to be bribed, is not criminally liable, unless he accepts the gift or consents 3. Bribery is usually proved by evidence acquired in entrapment

1. Public officer must act in his official

capacity the public officer must have the duty to deal with any person with regard to furnishing supplies, etc. The crime of frauds against public treasury is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any other scheme to defraud the government It is not necessary that the government is actually defrauded by reason of the transaction. It is sufficient that the government is actually defrauded by reason of the transaction. Mere demand for larger or different amount is sufficient to consummate the crime Collecting officer must issue official receipts to be guilty of illegal exactions

2.

Provisions of Administrativ e Code 3. when culprit is an officer or employee of 4. BIR or BOC 5. 6.

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Elements of Frauds against Public Treasury: 1. That the offender be 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 furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds 4. That the accused had intent to defraud the government Elements of Illegal Exaction: 1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts 2. He is guilty of acts 2, 3 and 4 (above in Acts Punishable as Frauds Against Public Treasury) Elements of the Crime: 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 Articles 315 to 318

7. When there is DECEIT in demanding greater fees than those prescribed by law, the crime committed is estafa and not illegal exaction. 8. Tax collector need not account for tax collected 9. If a tax collector collected a sum larger than that authorized by law and spent all of them is guilty of 2 crimes; a. Illegal exaction, for demanding a greater amount b. Malversation, for misappropriating the amount extracted 10.Officer or employee of BIR or BOC not covered by this article

214 Other Frauds

In addition to the penalties prescribed in the provisions of Chapter 6, Title 10, Book 2 of this Code, the penalty of TSD in maximum to PSD PC minimum or a fine ranging from

215 Prohibite d

1. That the offender is an appointive public officer

2. That he becomes interested, directly or indirectly, in any transaction of exchange or speculation

1. The public officer must take advantage of his official position 2. Frauds and Deceits Enumerated in Chapter 6, Title 10, Book 2 of this Code: a. Estafa b. Other Forms of Swindling c. Swindling a Minor d. Other Deceits 3. The RTC, and not the MTC, has jurisdiction when this article is involved, regardless of amount or penalty involved because the MTC has not jurisdiction to impose the penalty of disqualification 1. The transaction must be one of exchange or speculation 2. It is sufficient that the appointive officer

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Transacti ons

3. That the transaction takes place within the territory subject to his jurisdiction 4. That he becomes interested in the transaction during his incumbency Example of Appointive Public Officer: - justices, judges or fiscals, employees engaged in the collection and administration of public funds

P200 to P1,000, or both

3. 4. 5.

216 Possessio n of Prohibite d Interest by a Public Officer

217 Malversa tion of Public Funds or Property Presumpt ion of Malversa tion

People Liable for Possession of Prohibited Interest: 1. Public officer who, directly or indirectly, became interested in any contract or business in which it was his official duty to intervene. 2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the appraisal, distribution or adjudication of which they had acted 3. Guardians and executors with respect to the property belonging to their wards or estate Embezzlement also called malversation Acts Punishable in Malversation: 1. By appropriating public funds or property - includes every attempt to dispose of the same without right 2. By taking or misappropriating the same - the funds or property taken need not be misappropriated for it to be consummated 3. By consenting, or thru abandonment or negligence, permitting any other person to take such public funds or property - negligence must be positive and clearly shown to be inexcusable, approximating malice or fraud 4. By being otherwise guilty of the misappropriation or malversation of such funds or property

A Mayor medium period to PC minimum period, or a fine ranging from P200 to P1,000, or both

1. 2. 3.

has an interest in any transaction of exchange or speculation Purchasing of stocks or shares in a company is simply an investment and is not a violation of the article Buying regularly securities for resale is speculation Appointive officer should not devote himself to commerce Actual fraud is not necessary Intervention must be by virtue of public office held An officer who intervenes in contract or transaction which has no connection with his office CANNOT commit the crime defined in Article 218

PC in medium and maximum if amount does not exceed P200 PM minimum and medium if amount is more than P200 by not exceeding P6,000 PM maximum to RT

1. The offender in malversation under this article must be a public officer defined in Article 203 2. Nature of the duties of the public officer, not name of office, is controlling 3. Funds or property must be received in official capacity 4. When a public officer had no authority to receive the money for the government and upon receipt if the same he misappropriated it, the crime committed is estafa 5. A public officer having only a qualified charge of government property without authority to part with physical possession of it unless upon order from his immediate superior, cannot be held

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Elements Common to All Acts of Malversation: 1. That the offender be a public officer 2. That he had the custody or control of funds or property by reason of the duties of his office 3. That those funds or property were public funds or property for which he was accountable 4. That he appropriated, took, misappropriated or consented or, thru abandonment or negligence, permitted another person to take them To be guilty of Malversation, Public officer must have: 1. The official custody of public funds or property or the duty to collect or receive funds due the government, and 2. The obligation to account for them to the government

minimum, if amount more than P6,000 but less than P12,000 RT medium and maximum, if amount more than P12,000 but less than P22,000 RT maximum to RP if amount exceeds P22,000

liable for malversation (Webster and Wickersham rulings) 6. Webster and Wickersham cases not applicable when the accused had authority to receive money pertaining to the government 7. A private person conspiring with an accountable public officer in committing malversation is also guilty of malversation 8. Government funds include revenue funds and trust funds 9. Private property may be involved in malversation 10.The measure of negligence is the standard of care commensurate with the occasion 11.In malversation not committed thru negligence, lack of criminal intent or good faith is a defense 12.Presumption from failure to have duly forthcoming public funds or property upon demand: Prima Facie evidence that he has put such to personal use 13.Presumption may be rebutted 14.The return of the funds is only mitigation, not exempting circumstance 15.When a shortage is paid by the public officer from his pocket, he is not liable for malversation 16.Borrowing money to replace funds malversation 17.Borrowing money to replace funds when missing amount is found in some unaccustomed place, he is NOT liable 18. Previous demand is not necessary in malversation in spite of last paragraph of Article 217

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218 Failure of Accounta ble Officer to Render Accounts 219 Failure to Render Accounts before Leaving the Country 220 Illegal Use of Public Funds or Property

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 or property 3. That he is required by law or regulation to render accounts to the COA, or to a provincial auditor 4. That he fails to do so for a period of two months after such accounts should be rendered 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 COA a certificate showing that his accounts have been finally settled 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 4. That he applies the same to a public use other than that for which such fund or property has been appropriated by law or ordinance

PC in minimum, or fine ranging from P200 to P6,000, or both A Mayor or fine ranging from P200 to P1,000, or both

19.A person whose negligence made possible the commission of malversation by another can be held liable as principle by indispensable cooperation in complex crime of malversation thru falsification of a public document by reckless negligence 20.Damage to the government is NOT necessary 1. Demand for accounting is not necessary 2. Reason why Mere Failure to Render Account is Punishable: performance of the duty 3. Misappropriation is not necessary in order to be liable under this article The act of leaving the country must be unauthorized or not permitted by law

PC minimum or a fine ranging from to total value of sum misapplied, with TSD if damage or embarrassme nt resulted Fine from 550% of sum

1. The public finds or property must be appropriated by law or ordinance for a particular purpose 2. Illegal Use of Public Funds or Property Distinguished from Malversation under Article 217: a. Both crimes offenders are accountable public officers b. Illegal Use of Public Funds/Property offender does not derive any personal gain or profit; Malversation offender in certain cases profits from proceeds of crime

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misapplied if no damage or embarrassme nt resulted 221 Failure to Make Delivery of Public Funds or Property Acts Punishable: 1. By failing to make payment by public officer who is under obligation to make such payment from Government funds in his possession 2. By refusing to make delivery by a public officer who had been ordered by competent authority to deliver any property in his custody or under his administration Elements of Failure to Make Payment: 1. That the public officer has government funds in his possession 2. That he is under obligation to make payment from such funds 3. That he fails to make the payment maliciously Private Individuals Who May be Liable from Arts. 217-221: 1. Private individuals who, in any capacity whatever, have charge of any national, provincial or municipal funds, revenue, or property 2. Administrator or depository of funds or property, attached, seized or deposited by pubic authority, even if such property belongs to a private individual 1. That the offender is a public officer 2. That he had in his custody or charge, a prisoner, either detention prisoner or prisoner by final judgment 3. That such prisoner escaped from his custody 4. That he was in connivance with the prisoner in the latters escape A Mayor and fine from 525% of sum he failed to pay Under 2nd paragraph, Fine shall be graduated by value to thing, provided that it shall not be less than P50 Provisions of this chapter shall apply

c. Illegal Use public fund/property is applied to another public use; Malversation public fund or property is applied to personal use and benefit of offender or of another person Refusal to make delivery of property must be MALICIOUS.

222 Officers Included in the Precedin g Provision s 223 Connivin g with or Consenti ng to Evasion

PC medium and maximum and TSD maximum to PSD sentenced by

1. Purpose: to extend the provision of this Code on malversation to private individuals 2. Sheriffs and receivers fall under the term administrator 3. Judicial administrator is not covered by this article 4. Private property is included, provided it is attached, seized, or deposited with public authority 1. Connivance with the prisoner in his escape is an indispensable element 2. Detention Prisoner person in legal custody, arrested for, and charged with, some crime or public offense 3. Release of detention prisoner who could not be delivered to the judicial authority

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Classes of Prisoners Involved: 1. Fugitive sentenced by final judgment to any penalty 2. Fugitive held only as detention prisoner for any crime or violation of law or municipal ordinance

224 Evasion Through Negligen ce

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 thru his negligence Liability of Escaping Prisoner: 1. Convict by reason of final judgment Article 157 2. Detention Prisoner no liability

final judgment to any penalty PC minimum and TSD fugitive not finally convicted but only held as detention prisoner A Mayor maximum to PC minimum and TSD

within the time fixed by law, is not infidelity in the custody of the prisoner 4. Leniency or laxity is not infidelity (e.g. prisoner allowed to eat in restaurant near municipal building) 5. Relaxation of Imprisonment is considered infidelity

225 Escape of Prisoner under the Custody of a Person not a Public Officer 226 Removal, Concealment or Destructi on of

1. That the offender is a private person 2. That the conveyance or custody of a prisoner or person under arrest is confided 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 thru his negligence

Penalty next lower in degree than that prescribed for the public officer

1. The prisoner is either a convict by a final judgment or detention prisoner 2. What is punished invasion thru negligence is such a definite laxity as all but amounts to deliberate nonperformance of duty on the part of the guard (e.g. falling asleep, lack of adequate precautions) 3. The fact that public officer recaptured the prisoner does not afford complete exculpation This article does not apply if a private person was the one who made the arrest and consented to the escape of the person he arrested

1. That the offender be a public officer 2. That he abstracts, destroys or conceals documents or papers 3. That the said documents or papers should have been entrusted to such public officer by means of his office

PM and fine not exceeding P1,000 serious damage

3. Public officer must be officially entrusted with the documents or papers 4. The document must be COMPLETE and one by which a right could be established or an obligation could be extinguished

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Documen ts

4. That damage, whether serious or not, to a third party or to the public interest should have been caused Acts Punishable in Infidelity in Custody of Documents: 1. Removing 2. Destroying 3. Concealing, documents or papers officially entrusted in the offending public officer Infidelity in Custody of Document distinguished from Malversation and Falsification 1. Malversation and Falsification when postmaster received money orders, signed as payee, collected and appropriated the respective amounts 2. Infidelity in Custody of Papers when postmaster receives letters/envelopes containing money orders, and MO are not sent to addressees, the postmaster cashing the same for his own benefit Document written instrument by which something is proved or made of record

PC minimum and medium and fine not exceeding P1,000 damage not serious

5. Books, periodicals, pamphlets, etc. are not documents 6. Papers includes checks, promissory notes, and paper money 7. Post office official who retained the mail without forwarding to their destination is guilty under this article. 8. Money bills received as exhibits in court are papers 9. The removal must be for an illicit purpose 10.The removal is for an illicit purpose when intention is to a. tamper with it, or b. to profit by it; or c. to commit an act constituting breach of trust in official care thereof 11.Deemed consummated upon removal from or secreting away from usual place in the office and after offender had gone out and locked the door 12.Infidelity in custody by destroying or concealing it does not required proof of illicit purpose 13.There must be damage, great or small 1. It is the breaking of the seals, not the opening of a closed envelope, which is punished 2. Damage or intent to cause damage is NOT necessary 1. Custody guarding; keeping safe; care 2. Closed documents must be entrusted to the custody of the accused by reason of his office 3. The act should not fall under Article 227

227 Officer Breaking Seal

228 Opening of Closed Documen ts

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 1. That 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

PC minimum and medium, TSD and fine not exceeding P2,000 A Mayor, TSD and fine not exceeding P2,000

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4. That he does not have proper authority 229 Revelatio n of Secrets by an Officer Elements of No. 1: 1. That the offender is a public officer 2. That he knows 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 cause to the public interest Elements of No. 2: 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 3rd person 5. That the delivery is wrongful 6. That damage be caused to public interest Revelation Distinguished from Infidelity: 1. Papers contain Secrets revelation 2. Papers do not contain Secrets - Infidelity 230 Public Officer Revealin g Secrets of Private Individua l 231 Open Disobedience 1. That the offender is a public officer 2. That he knows of the secrets of a private individual by reason of his office 3. That he reveals such secrets without authority or justifiable reason A Mayor and fine not exceeding P1,000 PC medium and maximum, PSD, and fine not exceeding P2,000 serious damage PC minimum, TSD, and fine not exceeding P500 not so serious

(Breaking of Seal) 4. Damage or intent to cause damage NOT element 1. Acts Punishable: a. By revealing any secrets known to the offending public officer by reason of his official capacity b. By delivering wrongfully papers or copies of his papers which he may have charge and which should NOT be published 2. Secrets must affect public interests 3. Espionage is not contemplated in this article 4. This article only punishes minor official betrayals, infidelities of little consequence, affecting usually the administration of justice, executive or official duties, or the general interest of the public order 5. Offender must have charge of papers or copies of papers 6. Damage is an element under Article 229 1. Revelation to one person is sufficient, for public revelation is not required. 2. When the offender is an attorney at law or a solicitor, Article 209 is applicable and not 230 3. Damage to private individuals not necessary The act constitution the crime is the open refusal to execute judgment, decision or order

1. That the offender is a judicial or executive officer 2. That there is a judgment, decision or order of a superior authority 3. That such judgment, decision or order was made within the scope of the jurisdiction of the superior

A Mayor medium to PC minimum, TSD maximum,

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232 Disobedi ence to Order of Superior Officer, When Said Order was Suspende d by Inferior Officer 233 Refusal of Assistanc e

authority and issued with all legal formalities 4. That the offender without any legal justification openly refuses to execute the said judgment, decision or order, which he is duty bound to obey 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

and fine not exceeding P1,000 PC minimum and medium and PSD 1. Reason for Provision: superior officer may sometimes err, or orders may proceed from a mistaken judgment 2. The article does not apply if the order of the superior is illegal

1. That the offender is a public officer 2. That a competent authority demands from the offender that he land his cooperation towards the administration of justice or other public service 3. That the offender fails to do so maliciously

A Mayor medium to PC minimum, PSD and fine not exceeding P1,000 serious damage

1. Demand must be from a competent authority 2. Damage to public interest is essential, great or small

234 Refusal to

A Mayor medium and maximum, fine not exceeding P500 not so serious damage 1. That the offender is elected by popular election to A Mayor or fine not public office. exceeding

1. Refusal must be without legal motive 2. Reason for Provision: matter of duty to discharge duties of said office

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Discharg e Elective Office 235 Maltreatment of Prisoners

2. That he refuses to be sworn in or to 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 1. That the offender is a public officer or employee 2. That he has under his charge a prisoner or detention prisoner 3. That he maltreats such prisoner in either of the following manners: a. by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either i. by the imposition of punishments not authorized by the regulations, or ii. by inflicting such punishments (those authorized) in a cruel and humiliating manner b. By maltreating such prisoner to extort a confession or to obtain some information from the prisoner

P1,000 or both

3. Article 234 NOT applicable to appointive officer

PC medium period to PM in minimum, in addition to liability for physical injuries or damages caused under paragraph 1

236 Anticipati on of Duties of 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. He assumes performance of duties and powers of such office 4. That he has not taken his oath and/or given bond required

PM in minimum, TSD and fine not exceeding P6,000, in addition to liability for physical injuries or damage caused Suspended until complied with formalities and fine from P200-P500

1. The public officer must have actual charge of the prisoner to hold him liable fro maltreatment of prisoner 2. Offended party must be a convict or detention prisoner 3. To be detention prisoner, the person arrested must be placed in jail even for a short while 4. The maltreatment must relate to the correction or handling of the prisoner, or must be for the purpose of extorting a confession or of obtaining some information from the prisoner 5. If physical injuries were due to a personal grudge, it would not fall under this article 6. Offender may also be liable for physical injuries or damage caused 7. No complex crime of maltreatment with serious or less serious physical injuries

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237 Prolongin g Performa nce of Duties and Powers 238 Abandon ment of Office or Position

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 1. 2. 3. 4. That the offender is a public officer That he formally resigns from his position That his resignation has not yet been accepted That he abandons his office to the detriment of the public service

PC minimum, TSD minimum, and fine not exceeding P500 A Mayor to detriment of public service PC minimum and medium, and A Mayor if to evade duty of preventing, prosecuting or punishing

Public officer who has been suspended, separated, declared overaged, or dismissed cannot continue to perform the duties of his office

Qualifying Circumstance: preventing, prosecuting or punishing any of the crimes falling within Title One, and Chapter One of Title 3 of Book 2 (Crimes against National Security and Law of Nations and Crimes against Public Order)

1. There must be a written or formal resignation 2. Abandonment Distinguished from Negligence in Prosecution of Offenses (Article 208): a. Abandonment committed by any public officer; Article 208 committed by public officers who have the duty to institute prosecution for punishment of violation of the law b. Abandonment public officer abandons office to evade discharge of duties; Article 208 public officer does not abandon office

239 Usurpatio n of Legislativ e Powers 240 Usurpatio n of Executive Functions 241 Usurpatio n of Judicial Functions

1. That the offender is a executive or judicial officer 2. That he makes general rules or regulations beyond the scope of his authority, or attempts to repeal a law, or suspends the execution thereof 1. That the offender is a judge 2. That he assumes a power pertaining to the executive authorities, or obstructs the executive authorities in the lawful exercise of their powers 1. That the offender is an officer of the executive branch of the government 2. That he assumes judicial powers, or obstructs the execution of any order or decision rendered by any judge within his jurisdiction

PC minimum, TSD, and fine not exceeding P1,000 A Mayor in medium period to PC in minimum period A Mayor medium to PC minimum Legislative officers are not liable for usurpation of powers only Article 177 (Usurpation of authority or official functions) Articles 239-241 punish interference by officers of one of the 3 departments of government with function of officers of another department

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242 Disobeyin g Request for Disqualifi cation 243 Orders or Requests by Executive Officer to any Judicial Authority 244 Unlawful Appointm ents

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 1. That the offender is an executive officer 2. That he addressed 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

A Mayor and fine not exceeding P500

A Mayor, and fine note exceeding P500

1. Purpose of the provision is to maintain the independence of the judiciary 2. Legislative or judicial officers are not liable under Article 243

245 Abuses Against Chastity

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 qualifications therefore 4. That the offender knows that his nominee or appointee lacks the qualifications at the time he made the nomination or appointment 1. That the offender is a public officer 2. That he solicits or makes immoral or indecent advances to a woman 3. That such woman must be: a. Interested in matters pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior officer; or b. Under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest; or c. The wife, daughter, sister or relative within

A Mayor and a fine not exceeding P1,000

1. The offense is committed by nominating or by appointing. 2. Recommending is not a crime 3. There must be law that provides for the qualifications or a person to be nominated or appointed to a public office 1. Solicit propose earnestly and persistently something unchaste and immoral to a woman 2. The advances must be immoral or indecent 3. The crime is consummated by mere proposal 4. Proof of solicitation is not necessary when there is sexual intercourse

PC medium and maximum and TSD

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the same degree by affinity of the person in the custody of the offender 246 Parricide 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 descendent, or the legitimate spouse, of the accused Note: 1. Other ascendants or descendants must be legitimate 2. Father, mother, or child may be legitimate or illegitimate RP to Death 1. Relationship of the offender with the victim is the essential element of this crime 2. Parents and children are not included in the term ascendants or descendants 3. The child should not be less than 3 days old, otherwise the crime is infanticide 4. Spouse must be legitimate 5. Relationship must be alleged 6. There is crime of parricide thru reckless imprudence 7. There is also parricide by mistake 8. A stranger who cooperates in parricide will not be guilty of parricide by only homicide or murder 1. Required to be a legally married person 2. The article does not seem to require that the parent be legitimate, it requires only that she is under 18 and that she is living with her parents 3. The article does not seem to apply to a married daughter 4. Surprising the spouse or daughter in ACT of sexual intercourse in indispensable 5. This article is not applicable when the accused did not see his spouse in the act of sexual intercourse with another person 6. It is enough however that the circumstances show reasonably that the carnal act is being committed or has just been committed 7. There is conflict of opinion on whether

247 1. That a legally married person or a parent Death or surprises his spouse or his daughter, the latter Physical under 18 years of age and living with him, in the Injuries act of committing sexual intercourse with another Inflicted person Under 2. That he or she kills any or both, of them or Exception inflicts upon any or both of them any serious al physical injury in the act or immediately Circumthereafter stances 3. That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or she had not consented to the infidelity of the other spouse Surprise to come upon suddenly and unexpectedly Cases when Parricide is not punished with RP to Death:

* Note: This article does not define and penalize a penalty Destierro if accused killed or inflicted serious physical injuries on spouse or other person Exempt from punishment if inflicted

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1. Parricide committed through negligence (Article 365) 2. When it is committed by mistake (Article 249) 3. When it is committed under exceptional circumstances (Article 247) * Note: - Justification for this article: burst of passion

physical injuries of any kind Destierro is intended to protect spouse from reprisals by relatives of deceased spouse

248 Murder

1. That a person was killed RP to Death 2. That the accused killed him 3. That the killing was attended by any of the qualifying circumstances mentioned in Article 248 4. The killing is not parricide or infanticide Murder unlawful killing of any person which is NOT parricide or infanticide, provided the following circumstances are present: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity 2. In consideration of a price, reward or promise 3. By means of inundation, fire, poison, explosion,

sexual intercourse includes preparatory acts 8. The killing or inflicting of injuries must be: (a) in the act of sexual intercourse, or (2) immediately thereafter 9. The discovery, the escape, the pursuit and the killing must all form part of one continuous act 10.The killing must be the direct byproduct of the accuseds rage 11.The killing of the spouse by accused must be by reason of having surprised her in the act of sexual intercourse with another person 12.Article 247 applies only when spouse surprises other spouse in flagrant adultery 13.No criminal liability if physical injuries are less serious or slight 14. Accused cannot be held liable for injuries sustained by 3rd persons as a result thereof, since he was NOT committing a felony 1. The offender must have intent to kill to be liable for murder committed by means of fire, or other means enumerated in par. 3 of Article 248 2. Killing a person with treachery is murder even if there is no intent to kill 3. Rules for application of the circumstances which qualify the killing to murder: a. Murder will exist with only one of the circumstances described in Article 248 b. When the other circumstances are absorbed or included in one qualifying circumstance, they cannot

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shipwreck, stranding of vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin 4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, great waste and ruin 5. With evident premeditation 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse *Note: read discussion in Article 13 on Aggravating Circumstances 249 Homicide 1. That a person is 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 Homicide unlawful killing of any person, which is neither parricide, murder nor infanticide Accidental Homicide death of a person brought about by a lawful act performed with proper care and skill, and without homicidal intent Corpus Delicti actual commission of the crime charged; means that the crime was actually perpetrated, and does not refer to the body of the murdered person RT

4. 5. 6. 7.

be considered as generic aggravating c. Any of the qualifying circumstances enumerated in Article 248 must be ALLEGED in the information Treachery and premeditation are inherent in murder by poison When the intention of accused was merely to sexually excite a woman, and not to kill her, the crime is homicide Outraging commit an extremely vicious or deeply insulting act Scoffing jeer, and implies a showing of irreverence

1. Penalty for homicide will be one degree higher when the victim is under 12 years of age 2. Intent to kill is conclusively presumed when death results 3. Evidence of intent to kill is important only in attempted or frustrated homicide 4. Intent to kill must be proven beyond reasonable doubt 5. That the death of the deceased was due to his refusal to be operated on is NOT a defense 6. The killing must not be justified 7. No offense of frustrated homicide thru imprudence 8. Where the wounds that caused death were inflicted by 2 different persons, even if they were not in conspiracy, each of them is guilty of homicide 9.

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250 Penalty

Frustrated Parricide, Murder or Homicide Penalty lower by one degree than that which should be imposed under provisions of Article 50 Attempted Parricide, Murder or Homicide Penalty lower by one under provisions of Article 51

251 1. That there be several persons Death 2. That they did not compose groups organized for Caused in the common purpose of assaulting and attacking Tumultuo each other reciprocally us Affray 3. That there 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 Tumultuous Affray the disturbance is caused by more than three persons who are armed or are provided with means of violence Persons Liable for Death in Tumultuous Affray: 1. Person(s) who inflicted the serious physical injuries 2. If it is not known who inflicted the serious physical injuries on the deceased, all the persons who used violence upon the person of the victim are liable, but with lesser liability

PM in case of death of victim, though it cannot be ascertained who killed him, if person who inflicted serious physical injuries can be identified PC in medium and maximum all those who used violence upon victim

1. This article is permissive, not mandatory 2. Court may impose penalty 2 degrees lower for frustrated parricide, murder or homicide 3. Court may impose penalty 3 degrees lower for attempted parricide, murder or homicide 4. An attempt against the life of the Chief Executive, etc. is punishable by death 1. When there are two identified groups of men who assaulted each other, then there is no tumultuous affray 2. The person killed in the course of the affray need not be one of the participants in the affray 3. If the one who inflicted the fatal wound is know, the crime is NOT homicide in tumultuous affray but HOMICIDE under Article 249 against the one who inflicted the fatal wound 4. The serious physical injuries, if inflicted by one of the participants, should not be the cause of the death of the deceased

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252 1. That there is a tumultuous affray as referred to in Physical the preceding article Injuries 2. That a participant(s) thereof suffer serious Caused in physical injuries or physical injuries of a less Tumultuo serious nature only us Affray 3. That the person responsible therefore cannot be identified 4. That all those who appear to have used violence upon the person of the offended party are known

1st paragraph Penalty next lower in degree than that provided for the physical injuries so inflicted 2nd Paragraph A Mayor from 5 to 15 days PM any person who shall assist another to commit suicide RT lending assistance to the extent of doing the killing himself A Mayor medium and maximum if suicide is not consummated

1. Victim must be one or some of the participants in the affray 2. Only the one who used violence in liable 3. The 2nd paragraph seems to refer to less serious physical injuries 4. It is believed that in providing the penalty of Arresto Mayor for physical injuries of a less serious nature in a tumultuous affray, the legislature intended to EXCLUDE slight physical injuries

253 Giving Assistanc e to Suicide

Acts Punishable as Giving Assistance to Suicide: 1. By assisting another to commit suicide, whether the suicide is consummated or not 2. By lending his assistance to another to commit suicide to the extend of doing the killing himself

254 Discharg e of Firearms

1. That the offender discharges a firearm against or at another person 2. That the offender has no intention to kill that person

PC minimum and medium any person who shall

1. This article does not distinguish and does not make any reference to the relation of the offender with the person committing suicide 2. A person who attempts to commit suicide is not criminally liable 3. 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 4. Assistance to suicide is different from mercy-killing 5. Euthanasia practice of painlessly putting to death a person suffering from some incurable disease 6. Euthanasia is not lending assistance to suicide. In euthanasia, the person killed does not want to die. 7. A doctor who resorts to mercy killing of his patient may be liable for suicide 1. There must be no intention to kill 2. The purpose of offender is only to intimidate or frighten the offended party

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shoot at another firearm unless frustrated or attempted parricide, murder or homicide, or any other crime for which a higher penalty is prescribed by articles of this code

255 Infanticid e

1. That a child was killed 2. That the deceased child was less than 3 days (72 hours) of age 3. That the accused killed the said child Infanticide killing of any child less than three days of age, whether the killer is the parent or grandparent, any other relative of the child, or a stranger

Penalty provided for parricide (Art. 246) and Murder (Art. 248) PM medium and maximum if committed by the mother of child for purposes of concealing dishonor

3. If the firearm is NOT discharged at a person, there is no crime of discharge of firearm 4. Discharge towards the house of victim is not illegal discharge of victim 5. Firing a gun against the house of the offended party at random, not knowing in what part of the house the people inside were, is only crime of Alarm 6. Complex crime of illegal discharge of firearm with serious or less serious physical injuries when in illegal discharge of firearm, the offended party is hit and wounded 7. There is no complex crime when only slight physical injuries (light felony) are inflicted 8. A public officer who fires his revolver in the air in order to capture some gamblers and to prevent them from escaping is NOT guilty of this crime 1. The penalty is for parricide or murder, but the name of the crime is always infanticide a. Father or mother or legitimate ascendant who kills child of less than 3 days old to suffer penalty of parricide b. Other persons who kills a child less than 3 days old to suffer the penalty for murder 2. Concealing dishonor is not an element of infanticide; it merely mitigates the liability of mother or maternal grandparents 3. Reason for mitigating circumstance: obfuscation for fear of dishonor 4. Delinquent mother who claim

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RT if crime committed for same purpose by maternal grandparents or either of them 256 Intention al Abortion Ways of Committing Intentional Abortion: 1. By using any violence upon the person of the pregnant woman 2. By acting, but without using violence, without the consent of the woman (by administering drugs or beverages upon such pregnant woman without her consent) 3. By acting (by administering drugs or beverages), with the consent of the pregnant woman Elements: 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 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, the fetus dies, either in the womb or after having been expelled therefrom RT if he shall use any violence upon the person of the pregnant woman PM if, without using violence, he shall act without the consent of the woman PC medium and maximum if woman shall have consented PC minimum and medium

5.

6. 1.

2.

concealing dishonor must be of good reputation No crime of infanticide is committed where the child was born dead, or although born alive, it could not sustain an independent life when it was killed A fetus about 6 months old cannot subsist by itself, outside the maternal womb Persons Liable for Intentional Abortion a. Person who intentionally caused abortion under Article 256 b. Woman, if she consented under Art. 258 c. Woman, if she did not consent NOT liable Abortion distinguished from Infanticide a. Infanticide if fetus can sustain an independent life after its separation from the maternal womb, and is killed b. Abortion otherwise

257 Unintenti onal Abortion

1. This crime is committed only by violence 2. The violence must be intentionally exerted 3. There is unintentional abortion thru imprudence 4. There are conflicting decisions on

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* Note: - Violence is actual physical force 5. 6. 7. 258 Abortion Practiced by the Woman Herself or by her Parents 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: a. the pregnant woman herself b. any other person, with her consent c. any of her parents, with her consent, for the purpose of concealing her dishonor Cases Covered by Article 258: 1. Abortion committed by woman upon herself or by any other person with her consent 2. Abortion by the woman upon herself to conceal her dishonor 3. Abortion by any of the parents of the woman with the latters consent to conceal her dishonor PC medium and maximum woman who practices abortion on herself; parents of woman or either of them to conceal dishonor PC minimum and medium any woman who does it to conceal dishonor Penalties provided for in Article 256 in maximum period who takes advantage of scientific knowledge or 1.

2. 3.

whether the accused is liable for abortion even if he did not know that the woman was pregnant There is a complex crime of homicide with unintentional abortion There is complex crime of parricide with abortion Article 257 does not apply when there is no intent to cause abortion and there is no violence Woman is liable: a. when she shall practice an abortion upon herself b. when she shall consent that any other person should do so Liability of pregnant woman is mitigated if purpose is to conceal dishonor No mitigation for parents of pregnant woman even if the purpose is to conceal dishonor, unlike in infanticide

259 Abortion Practiced by a Physician or Midwife and Dispensin

Elements for Physician or Midwife 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

1. Penalty for intentional abortion is imposed in maximum period on physician or midwife 2. Reason for Maximum penalty: used knowledge for destruction of human life, where it should only be used for preservation 3. It is not necessary that the pharmacist knows that the abortive would be used

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g of Abortives

skill Elements for Pharmacists: 1. That the offender is a pharmacist 2. That there is no proper prescription from a physician 3. That the offender dispenses any abortive Acts Punishable in Duel: 1. By killing ones adversary in duel 2. By inflicting upon such adversary physical injuries 3. By making a combat although no physical injuries have been inflicted Duel formal or regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on each side, who makes the selection of arms and fix all other conditions of the fight Persons Liable in Duel: 1. The person who killed or inflicted physical injuries upon his adversary, or both combatants in any other case, as principles 2. The seconds, as accomplices A Mayor and a fine not exceeding P1,000 pharmacist RT if he should kill his adversary Penalty provided therefore, according to their nature in case of physical injuries A Mayor combatants, although no physical injuries have been inflicted PC minimum

to cause an abortion 4. What is punished is the act of dispensing abortive; its not necessary that the abortive be actually used

260 Duel

1. If death results, the penalty is the same as that for homicide 2. General principle: when there is intent to kill, the inflicting of physical injuries is either attempted or frustrated homicide 3. The code disregards the intent to kill in considering the penalty for duel when only physical injuries are inflicted upon the adversary

261 Challengi ng to Duel

Acts Punished under this Article: 1. By challenging another to a duel 2. By inciting another to give or accept a challenge to a duel 3. By scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel

Persons Responsible Under this Article: 1. Challenger 2. Instigator

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262 Mutilatio n

263 Serious Physical Injuries

1. By intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction a. That there be castration (mutilation of organs necessary for generation such as a penis or ovarium) b. That the mutilation is caused purposely or deliberately, that is, to deprive the offended party of some essential organ for reproduction 2. By intentionally making other mutilation, that is, by lopping or clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of his body. Serious Physical Injuries: 1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted. 2. When the injured person (a) loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg, or (b) loses the use of any such member, or (c) becomes incapacitated for the work in which we were theretofore habitually engaged, in consequence of the physical injuries inflicted. 3. When the person injured (a) becomes deformed, or (b) loses any other member of his body, or (c) loses the use thereof, or (d) becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days, in consequence of the physical injuries inflicted. 4. When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days), as a result of the physical injuries inflicted. Classes of Serious physical injuries: (a)

RT to RP essential organ for reproduction PM medium and maximum other mutilation

1. Mutilation of the first kind is castration which must be made purposely. 2. The penalty shall be one degree higher than that imposed by law when the victim is under 12 years of age. 3. The offender must have the intention to deprive the offended party of a part of his body. 4. Mutilation lopping or clipping off of some part of the body 5. Mayhem other intentional mutilation

PM under no. 1 PC medium and maximum under no. 2 PC minimum and medium under no. 3

1. Committed by wounding, beating, 2. 3.

4. assaulting or administering injurious substance May be committed by reckless imprudence, or by simple imprudence or negligence. There must not be intent to kill Blindness (Must be Complete) and Loss of an Eye a. Paragraph 1 must be both eyes b. Paragraph 2 one eye only Loss of Power to Hear a. Paragraph 2 both ears b. Paragraph 3 one ear only Loss of hand or incapacity of usual work must be permanent Paragraph 2 refers to principal members of the body, while Paragraph 3 covers any other member which is not principal member of body Deformity requires (a) physical ugliness, (b) permanent and definite abnormality, and (c) conspicuous and visible.

5. A Mayor maximum to PC minimum 6. under no. 4 7.

8.

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consequences of the injuries inflicted, (b) nature and character of the wound inflicted, and (c) the proper penalty Physical Injuries Distinguished from Attempted or Frustrated Homicide: a. In both, the offender inflicts physical injuries, however homicide may be committed, even if no physical injuries are inflicted b. There is no intent to kill in physical injuries Ordinary Physical Injuries Distinguished from Mutilation: 1. Mutilation must have been caused purposely and deliberately 2. Physical Injuries this intention is not present

9. Deformity by loss of teeth refers to injury which cannot be repaired by action of nature 10.There is illness for a certain period of time, when the wound inflicted did not heal within that period 11.Medical attendance is not important in serious physical injuries 12. In Par 2 and 3, offended party must have an avocation or work at the time of the injury 13. Par 4 speaks of incapacity for any kind of labor 14. Where the category of the offense of serious physical injuries depends on the period of illness or incapacity for labor, there must be evidence of the length of that period; otherwise the offense is only slight physical injuries 15.Lessening of efficiency is not incapacity 16.Serious physical injuries by excessive chastisement by parents is not qualified. Penalties established by the next preceding article 1. Knowingly administering is an essential element 2. Administering injurious substance means introducing into the body the substance 3. This article does not apply when the physical injuries that result are less serious or slight 4. Taking advantage of weakness or credulity may take place in case of witchcraft, philters, magnetism, etc.

264 Administering Injurious Substanc es or Beverage s

1. That the offender inflicted upon another any serious physical injury 2. That it was done by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mine or credulity 3. That he had no intent to kill

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265 Less Serious Physical Injuries

Qualified Less Serious Physical Injuries 1. Paragraph 2: a. there is manifest intent to insult or offend the injured person b. there are circumstances adding ignominy to the offense 2. Paragraph 3: a. the offenders parents, ascendants, guardians, curators or teachers b. persons of rank or persons in authority, provided the crime is not direct assault

Fine not exceeding P500 in addition to A Mayor 2nd paragraph PC in minimum and medium paragraph 3

266 Slight Physical Injuries and Maltreatment

Kinds of Slight Physical Injuries: 1. Physical injuries which incapacitated the offended party for labor from 1 to 9 days, or required medical attendance during the same period 2. Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance 3. Ill-treatment of another by deed without causing any injury Paragraph 1: 1. Offender is a man 2. Offender had carnal knowledge of a woman 3. Such act is accomplished under any of the ff circumstance: a. by using force or intimidation; or b. when the woman is deprived of reason or otherwise unconscious; or c. by means of fraudulent machination or grave abuse of authority; or d. when the woman is under 12 years of age or demented

266-A Rape 266-B Penalties

A Menor par 1 A Menor or fine not exceeding P200 par 2 A Menor minimum or fine not exceeding P50 - par 3 Rape committed under any of the 4 Circumstance s: a. Par. 1 RP b. Par. 2 PM Rape committed with use of

1. Matters to Note: a. That the offended party is incapacitated for labor for 10 days or more (but not more than 30), or needs medial attendance for same period of time b. That the physical injuries must not be those described in the preceding articles 2. Medical attendance or incapacity is required 3. It is only slight physical injury when there is no medical attendance or incapacity for labor 4. Actual medical attendance is required 1. When there is no evidence of actual injury, it is only slight physical injuries 2. Example of paragraph 3 is slapping the face of offended party

1. Offender may now be a male or female. 2. In rape under par. 1, there must be sexual intercourse 3. Penetration, even partial, is necessary 4. Only one of the four circumstances is necessary 5. Force need not be irresistible, but it should be present and brings the desired results 6. Force employed need not be of such character as could be resisted 7. Intimidation includes the moral kind,

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Paragraph 2: 1. Offender commits an act of sexual assault 2. That the act of sexual assault is committed by any of the following means: a. by inserting his penis into another persons mouth or anal orifice; or b. by inserting any instrument or object into the genital or anal orifice of another person 3. That the sexual act is accomplished under the circumstances mentioned in paragraph 1 Qualifying Circumstances: 1. When by reason or on occasion of the rape, a homicide is committed 2. When victim is under 18 and offender is parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within 3rd civil degree, or common-law spouse of the parent of victim 3. When the victim is under the custody of the police or military authorities or any law enforcement or penal institution 4. When the rape is committed in full view of the husband, parent, any of the children or other relatives within the 3rd civil degree of consanguinity 5. When the 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. When the victim is a child below 7 years of age. 7. When the offender knows that he is afflicted with HIV/AIDS or any other sexually transmissible disease and the virus or disease is transmitted to the victim. 8. When committed by any member of AFP or

deadly weapon or by 2 or more persons: a. Par. 1 RP to death b. Par. 2 PM to RT Rape where victim becomes insane: a. Par. 1 RP to death b. Par. 2 RT Attempted Rape and Homicide: a. Par. 1 RP to death b. Par. 2 RT to RP Rape with Homicide: a. Par. 1 death b. Par. 2 RP Rape with Aggravating Circumstance s: a. Par. 1 death b. Par. 2 - RT

such as the fear caused by threatening 8. When the offender has ascendancy or influence over victim, it is not necessary that she put up a determined resistance 9. Rape may be proved by the uncorroborated testimony of the offended 10.Deprivation of reason contemplated by law need not be complete 11.Stages of Rape: a. Consummated enough that there was penetration, even partial/slight b. Frustrated none c. Attempted intent on the part of accused to have carnal knowledge of woman 12.Resignation to consummated act is NOT consent 13.Character of offended woman immaterial in rape 14.There is a crime of multiple rape by 2 or more offenders 15. Rape is punished by death when any of the qualifying circumstances are present 16.Rape with homicide is a special complex crime 17.When homicide is committed NOT by reason or on the occasion of the rape, such as while the woman was dying, the accused had carnal intercourse with her, it may be considered as ignominy. 18.Indemnity in Rape P50,000 19.Indemnity in Qualified Rape P75,000 20.Indemnity in Rape with Homicide P50,000 and P50,000 respectively (P100,000) 21.Damages in Rape

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266-C Effect of Pardon

paramilitary 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. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability 10.When the offender knew of the pregnancy of the offended party at the time of the commission of the crime 11.When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime 1. Subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or the penalty imposed. 2. In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty

a. Moral Damages P50,000 without need of proof b. Exemplary Damages if one or more aggravating circumstances was committed

1. Effect of marriage extinguishes not only the penal action, but likewise the penalty that may be imposed 2. Marriage extinguishes the penal action and the penalty only as to the principal and not to the accomplices and accessories 3. The crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio

266-D Presumpt ions 267 Kidnappi ng and Serious Illegal Detentio n

1. Any physical overt act manifesting resistance against the act of rape in any degree from the offended party; or 2. Where the offended party is so situated as to render him/her incapable of giving consent 1. That the offender is a private individual 2. That he kidnaps or detains another, or in any other manner deprives the latter of his liberty 3. That the act of detention or kidnapping must be illegal 4. That in the commission of the offense, any of the following circumstances are present: a. The kidnapping or detention lasts for more than 3 days or;

RP to Death any of the 4 circumstance s Death purpose of extorting ransom

1. If the offender is a public officer, the crime is arbitrary detention 2. When a victim is a minor and the accused is one of the parents A mayor or a fine not exceeding P300, or both 3. Intention to deprive victim of his liberty for purpose of extorting ransom is essential in crime 4. Actual demand for ransom is not

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b. It is committed simulating public authority or; c. Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or d. The person kidnapped or detained is a minor (except when the accused is any of the parents), female or a public officer. Special Complex Crime of Kidnapping with Murder effectively eliminated the distinction drawn by courts between those cases where the killing was purposely sought by the accused, and those where the killing of the victim was not deliberately resorted to but was merely an afterthought Illegal Detention Distinguished from Arbitrary Detention; 1. Illegal Detention is committed by a private individual who unlawfully kidnaps, detains or otherwise deprives a person of liberty; Arbitrary Detention is committed by public officer or employee who detains a person without legal ground 2. Illegal Detention is a crime against personal liberty and security; Arbitrary Detention is a crime against the fundamental law of the State 268 Slight Illegal Detentio n 1. That the offender is a private individual 2. That he kidnaps or detains another, or in any other manner deprives him of his liberty 3. That the act of kidnapping or detention is illegal 4. That the crime is committed without the attendance of any of the circumstances enumerated in Article 267

Maximum penalty if victim is killed or dies, or raped or subject to torture or dehumanizing acts

RT offender and person who furnished place for perpetration of crime PM minimum and medium and a fine not exceeding

necessary 5. The accused is not liable when there is lack of motive to resort to kidnapping 6. Detention or locking up of victim is essential, but it is not necessary that it is an inclosure and restraint need not be permanent 7. Detention must be illegal, i.e. when not ordered by competent authority or not permitted by law 8. Deprivation of ones liberty is essential element 9. Restraint by robbers is not illegal detention 10.The purpose is immaterial when any of the 4 circumstances in the first paragraph is present 11.Where a person is taken from one place to another solely for the purpose of killing him 12.Ransom money, price or consideration paid or demanded for redemption of a captured persons, a payment that releases from captivity 13. Conspiracy to extort ransom makes all conspirators liable under the 2nd paragraph, including those who did not take any part of the money 1. Participation of accomplice in furnishing place is raised to that of a real coprincipal 2. Privileged mitigating circumstance in slight illegal detention: a. Voluntarily releases person so kidnapped or detained within 3 days from commencement of detention b. Without having attained purpose intended

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269 Unlawful Arrest

1. That the offender arrests or detains another person 2. That the purpose of the offender is to deliver him to the proper authorities 3. That the arrest or detention is not authorized by law or there is no reasonable ground therefore Unlawful arrest distinguished from other illegal detention: if the purpose of locking up or detaining is to deliver to authorities, the crime is unlawful arrest; otherwise, it is other illegal detention

P700 voluntary release A Mayor and a fine note exceeding P500

c. Before the institution of criminal proceedings against him 1. The offender is any person, whether a public officer or a private individual 2. There is no unlawful arrest when the arrest is authorized by a warrant issued by the court 3. Distinguished from Article 125: a. Article 126 detention is for legal grounds; in unlawful arrest detention is illegal b. Article 125 crime is failing to deliver person; in unlawful arrest crime is making unauthorized arrest 4. Motive of offender is controlling 5. No period of detention is fixed 1. This covers all minors, whether under or over 7 years of age 2. What is punished is the deliberate failure of the custodian of the minor to restore the latter to his parents or guardians 3. Kidnapping and failure to return a minor is necessarily included in Kidnapping and Serious Illegal Detention 1. The inducement must be actual, committed with criminal intent, and determined by a will to cause damage 2. The minor should not leave his home on his own free will

270 Kidnappi ng and Failure to Return a Minor

1. That the offender is entrusted with the custody of a minor person (below 21 years of age) 2. That he deliberately fails to restore the said minor to his parents or guardians Distinguishing Article 267 and Article 270: 1. In Article 267 the offender is not entrusted with custody 2. In Article 270 the offender is entrusted with custody of minor 1. That a minor is living in the home of his parents or guardian or person entrusted with his custody 2. That the offender induces said minor to leave such home

271 Inducing a Minor to Abandon His Home

RP A Mayor or a fine not exceeding P300 or both when the crime is committed by father or mother PC and a fine not exceeding P700 offender is any person A Mayor or a fine not exceeding P300, or both offender is parent

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272 Slavery

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 Slavery and Kidnapping or Illegal Detention Distinguished: a. Slavery purpose is to enslave victim b. Kidnapping or Illegal Detention any other purpose 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 1. That the offender compels a debtor to work for him, either as household servant or farm laborer 2. That it is against the debtors will 3. That the purpose is to require or enforce the payment of a debt

PM and a fine not exceeding P10,000 Maximum Period if purpose is to assign to immoral traffic PC minimum and medium and a fine not exceeding P500 A Mayor maximum to PC minimum

1. If the purpose of the offender is to assign the offended party to some immoral traffic (prostitution), the penalty is higher. 2. The employment or custody of a minor with the consent of the parent or guardian although against the childs will cannot be considered to be involuntary servitude 1. The service of the minor must be against his will 2. The existence of indebtedness constitutes no legal justification for holding a person and depriving him of his freedom to live where he wills 1. The article specifically provides that the debtor is compelled to work as household servant or farm laborer and not any other work 2. This article, like Article 273, punishes a form of slavery, but Article 274 does not distinguish whether the victim is a minor or not 3. Under this article it is the debtor who is compelled to work for the offender, while in Article 273 it is the minor 1. Paragraph 2 of this article applies only when someone is accidentally injured by the accused 2. It is immaterial that the offender did not know that the child is under 7 years old 3. Paragraph 3 applies to one who found a lost child 4. The child under 7 years of age must be found by the accused in an unsafe place

273 Exploitati on of Child Labor 274 Services Rendered Under Compulsi on in Payment

275 Abandon ment of Persons in Danger and Abandon ment of Ones Own

Acts Punishable: 1. Failing to render assistance to any person whom offender finds in an uninhabited place wounded or in danger of dying when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense a. The place is uninhabited b. The accused found there a person wounded or in danger of dying

A Mayor

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Victim

2. 3.

276 Abandoning a Minor

1. 2. 3. 4.

c. The accused can render assistance without detriment to himself d. The accused fails to render assistance Failing to help or render assistance to another whom the offender has accidentally wounded or injured Failing to deliver a child, under 7 years of age whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place That the offender has the custody of a child That the child is under 7 years of age That he abandons such child That he has not intent to kill the child when the latter is abandoned

A Mayor and a fine not exceeding P500 PC medium and maximum results in death of minor PC minimum and medium endanger life of minor A Mayor and a fine not exceeding P500

Qualifying Circumstances: 1. When death of the minor resulted from such abandonment, or 2. if the life of the minor was in danger because of the abandonment

1. When there is intent to kill this article does not apply 2. Intent to kill cannot be presumed from the death of a child a. Crimes against Persons intent to kill is presumed b. Crimes against Security intent to kill is not presumed 3. A permanent, conscious and deliberate abandonment is required by this article 4. Parents guilty of abandoning their children shall be deprived of parental authority

277 Acts Punished: Abandon- 1. By delivering a minor to a public institution or ment of other persons without the consent of the one who Minor by entrusted such minor to the care of the offender Person or, in the absence of that one, without the Entrusted consent of the proper authorities with His a. The offender has charge of the Custody; rearing/education of a minor Indiffere b. He delivers minor to a public institution or nce of other persons Parents c. The one who entrusted such child to the offender has not consented to such act; or if

1. Rear bring to maturity by educating,

nourishing, 2. Only the person charged with the rearing or education of the minor is liable 3. Article 276 Distinguished from Article 277 a. Article 276 the custody of the offender is general; Article 277 the custody of the offender is specific (custody for the rearing or education of minor)

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the one who entrusted such child to the offender is absent, the proper authorities have not consented to it 2. By neglecting his (offenders) children by not giving them the education which their station in life requires and financial condition permits a. That the offender is a parent b. That he neglects his children by not giving them education c. That his station in life requires such education and his financial condition permits it 278 Exploitati on of Minors 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, the offender being an acrobat, etc. or circus manager or person 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 the said callings 4. By delivering a child under 16 gratuitously to any person following any of the calling enumerated in paragraph 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 paragraph 2 or to accompany any habitual vagrant or beggar, the PC in minimum and medium and a fine not exceeding P500 Maximum period if delivery shall have been made in consideration of any price, compensation , or promise

b. Article 276 minor is under 7; Article 277 minor is under 21 [18] c. Article 276 minor is abandoned in such a way as to deprive him of the care and protection that his tender years need; Article 277 minor is delivered to a public institution or other person 4. Failure to give education must be due to deliberate desire to evade such obligation 1. Exploitation of minors distinguished from Inducing a minor to abandon his home a. Exploitation of minors if the purpose is to follow any of the mentioned callings; Inducing Minor if there is no such purpose b. Exploitation victim must be under 16; Inducing minor minor under 21 [18] 2. Offender shall be deprived of parental authority or guardianship 3. Exploitation of minors must refer to act endangering the life or safety of the minor 4. Qualifying Circumstance if delivery is made in consideration of any price, compensation or promise

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offender being any person 279 Additiona l Penalties 280 Qualified Trespass to Dwelling The imposition of the penalties prescribed in the preceding articles, shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined and punished by this Code. 1. That the offender is a private person 2. That he enters the dwelling of another 3. That such entrance is against the latters will Exceptions: 1. If the entrance to anothers dwelling is made for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a 3rd person 2. If the purpose is to render some service to humanity or justice 3. If the place where entrance is made is a caf, tavern, inn, and other public houses, while the same are still open Qualifying Circumstance if the offense is committed by means of violence or intimidation Dwelling Place any building or structure exclusively devoted for rest and comfort 281 Other Forms of Trespass 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 A Menor or a fine not exceeding P200, or both

A Mayor and fine note exceeding P1,000 PC medium and maximum and fine not exceeding P1,000 committed by means of violence

5. If the offender is a public officer, the crime would be violation of domicile 6. Lack of permission does not amount to prohibition, there must be opposition on the part of the owner of the house to the entry of the accused 7. Prohibition may be implied in certain instances (e.g. considering time, door was closed, etc.) 8. Prohibition must be in existence prior to or at the time of the entrance 9. What is intended to be protected and preserved is the privacy of ones dwelling 10.Violence does not refer to persons only 11.Violence or intimidation may take place immediately after the entrance 12.Trespass may be committed by owner of dwelling 13.If there is no overt act to commit another crime, the crime is only trespass to dwelling 1. Premises distinct and definite locality 2. Art 281 Distinguished from Trespass to Dwelling: a. Trespass offender is private person; Other Trespass any person b. Trespass offender enters a dwelling house; Other Trespass enters closed premises or fenced in

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282 Grave Threats

Acts Punished: 1. By threatening another with the infliction upon his person , honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even thought not unlawful, and the offender attained his purpose a. That the offender threatens another person with the infliction upon the latters person, honor or property, or upon that of the latters family, of any wrong b. That such wrong amounts to a crime c. That there is a demand for money or that any other condition is imposed, even though not unlawful d. That the offender attains his purpose 2. By making such threat without the offender attaining his purpose 3. 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 a. That the offender threatens another person with the infliction upon the latters person, honor, or property, or upon the latters family, of any wrong b. That such wrong amounts to a crime c. That the threat is not subject to a condition

Penalty next lower in degree than that prescribed by law for the crime he threatened to commit Penalty lower by 2 degrees if offender did not attain his purpose Maximum Period if threat in writing or thru a middleman A Mayor and a fine not exceeding P500 if no condition

estate c. Trespass inhabited; Other Trespass uninhabited d. Trespass against the will of the owner; Other Trespass without securing permission of owner or caretaker e. Trespass prohibition is express/implied; Other Trespass prohibition to enter is manifest 1. Penalty will depend on whether or not offender attained his purpose; if the threat is not subject to a condition, the penalty is fixed 2. Qualifying Circumstances: a. Threat made in writing b. Threat made thru a middleman 3. Third form of grave threats must be serious and deliberate 4. If the threat is made in a heat of anger, it is not punished under this article 5. If the condition is not proved, it is grave threats under sub-paragraph 2 6. Essence of the crime of threats is intimidation 7. The act threatened to be committed must be wrong 8. Grave threats may be committed even if the complainant is absent when challenge is made 9. Crime of grave threats is consummated as soon as the threats come to the knowledge of the person threatened 10.Threats made in connection with the commission of other crimes are absorbed by the latter. 11.The offender in grave threats does not demand the delivery on the spot of the

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money or other personal property asked of him (crime of robbery) 283 Light Threats 1. That the offender makes a threat to commit a crime 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 lawful 4. That the offender has attained or not attained his purpose Required to Give Bail not to Molest Another: 1. When he threatens another under the circumstances mention in Article 282 2. When he threatens another under the circumstances mention in Article 283 A Mayor 1. Light threats are committed in the same manner as grave threats, except that the act threatened to be committed should not be a crime 2. Blackmailing may be punishable under this article Compared with Article 35 1. Art. 35 is a distinct penalty which provides for bond to keep the peace; this article provides for bond for good behavior 2. Article 35 not made applicable to any particular case; this article applicable only to cases of grave and light threats 3. Failure to give in Article 35 detained; this article destierro 1. Article 285 compared with Article 282 and 283 a. Article 285 Par. 2 is similar to 3rd form of grave threats because the harm threatened to be committed is a crime b. Article 285 Par. 3 is similar to light threats, because harm threatened to be committed is not a crime c. Article 285 there is no demand for money or condition or threat is not deliberate 2. Threats, which ordinarily would be grave threats, if made in heat of anger, may fall under this article 3. Light threats may be committed where the person to whom it is directed is absent

284 Bond for Good Behavior

Destierro

285 Other Light Threats

1. By threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in lawful self-defense a. Threatening to draw a weapon, even if there is no quarrel b. Drawing a weapon in a quarrel, which is not in lawful self-defense 2. By orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in his threat 3. By orally threatening to do another any harm not constituting a felony

A Menor minimum or a fine not exceeding P200

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286 Grave Coercions

Ways to Commit: 1. By preventing another, by means of violence, threats or intimidation, from doing something not prohibited by law 2. By compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be right or wrong Elements: 1. That a person prevented another from doing something not prohibited by law, or that he compelled him to do something against his will, be it right or wrong 2. That the prevention or compulsion be effected by violence, threats or intimidation 3. That the person that restrained the will and liberty of another had not the authority of law or the right to do so, or, in other words, that the restraint shall not be made under authority of law or in the exercise of lawful right Coercion Distinguished from Illegal Detention: - illegal detention requires actual confinement or restraint of the person

PC and a fine not exceeding P6,000 Penalty next higher in degree violation of right of suffrage; or committed to compel another to perform any religious act; or committed to prevent another from performing any religious act

1. What is prevented must not be

287 Light Coercions

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

A Mayor in minimum and fine equivalent to value of thing, but in

prohibited by law 2. The act of preventing by force must be made at the time the offended party was doing or about to do the act to be prevented 3. If the act was already done when violence is exerted, the crime is unjust vexation. 4. Compelling another to do something includes the offenders act of doing it himself while subjecting another to his will 5. When the complainant is in actual possession of a thing, even if he has not right to that possession, compelling him by means of violence to give up possession, even by owner, is grave coercion 6. Not intimidation by display of force, if arms are not used 7. The force or violence must be immediate, actual or imminent 8. There is no grave coercion when the accused acts in good faith in performance of duty 9. Purpose of Law enforce the principle that no person may take the law into his own hands 10.Coercion is consummated even if the offended party did not accede to the purpose of the coercion 1. Actual physical violence need not be employed 2. Unjust vexation includes any human conduct which, although not productive or some physical or material harm would, however, unjustly annoy or vex

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same to the payment of the debt

288 Other Similar Coercions

1. By forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind a. That the offender is any person, agent or officer of any association or corporation b. That he or such firm or corporation has employed laborers or employees c. 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 him or from said firm or corporation 2. By paying wage due his laborer or employee by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee a. That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects b. That those tokens or objects are other than the legal tender currency of the Philippines c. That such employee or laborer does not expressly request that he be paid by means of tokens or objects

no case less than P75 A Menor or a fine P5-P200, or both any other coercion or unjust vexation A Mayor or a fine ranging from P200 P500, or both

an innocent person 3. There is no violence or intimidation in unjust vexation 4. Difference between grave and light coercion: use of violence 5. When the act of the accused has no connection with previous acts of violence, it is only unjust vexation 1. Laborers or employees have the right to receive just wages in legal tender 2. Inducing an employee to give up any part of his wages by force, stealth, intimidation, threat or by any other means is unlawful under the Labor Code, not under the RPC

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289 1. That the offender employs violence or threats, in Formatio such a degree as to compel or force the laborers n, or employers in the free and legal exercise of Maintnan their industry or work ce, and 2. That the purpose is to organize, maintain or Prohibitio prevent coalitions of capital or labor, strike of n of laborers or lockout of employers Combination of Capital or Labor 290 Discovery of Secrets Thru Seizure of Correspondence 1. That the offender is a private individual or even a public officer not in the exercise of his official functions 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 of the papers or letters seized Exception: Article 290 not applicable to parents, guardians, or persons entrusted with the custody of minors with respect to papers or letters of the children or minors placed under their care or custody, or to spouses with respect to the papers or letters of either of them

A Mayor and a fine not exceeding P300

PC in minimum and medium and a fine note exceeding P500 if offender reveals secrets A Mayor and a fine not exceeding P500 if offender shall not reveal such secrets

291 Revealin g Secrets with

1. That offender is a manager, employee or servant 2. That he learns of the secrets of his principal or master in such capacity 3. That he reveals such secrets

A Mayor and fine not exceeding P500

1. The act should not be a more serious offense, otherwise it shall be punished under another article 2. Peaceful picketing is part of freedom of speech and is not prohibited 3. Employing violence or making threats by picketers may make them liable for coercion 4. Preventing employee from joining any registered labor organization is punished under the LC and not under the RPC 1. Seize to place in the control of someone a thing or to give him the possession thereof 2. There must be a taking possession of papers or letters of another, even for a short time only 3. The purpose of the offender must be to discover the secrets of another 4. The offender must be informed of contents of papers or letters 5. This article does not require that the offended party be prejudiced 6. Qualifying Circumstance: revealing the secret 7. Distinguished from Public Officer Revealing Secrets of Private Individual (Article 230): a. Article 230 public officer comes to know secrets by reason of his office b. Article 290 private individual who seizes papers of another to discover secrets of latter 1. Secrets must be learned by reason of their employment 2. The secrets must be revealed by the offender

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Abuse of Office 292 Revelatio n of Industrial Secrets 1. That 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. The offender reveals such secrets 4. That prejudice is caused to the owner Classification: 1. Robbery with violence against, or intimidation of persons (RVAIP) 2. Robbery with the use of force upon things (RFUT) a. Robbery in Inhabited House or Public Building or Edifice devoted to Public Worship b. Robbery in Uninhabited House or in a Private Building Elements of Robbery in General: 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 4. That there is violence against or intimidation of any person, or force upon anything Those Guilty of Robbery Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence against or intimidation of any person, or using force upon anything, shall be guilty of robbery Distinctions Between Effects of Employment of PC minimum and medium and a fine not exceeding P500

293 Who are Guilty of Robbery

3. If the offender does not reveal the secrets, the crime is not committed 4. Damage is not necessary under this article 1. Secrets must relate to manufacturing processes 2. The act constituting the crime is revealing the secret of the industry or employer 3. Revelation may be made after employee has ceased to be connected with the establishment 4. Prejudice is an essential element of the offense 1. The property taken must be personal property and not real property. 2. Prohibitive articles may be subject matter of robbery 3. The property must belong to another 4. Ownership is not necessary; the possession of property is sufficient 5. Naming of the owner is a matter of essential description of the crime of robbery with homicide and not in RVAIP or RFUT 6. The personal property is taken against will of owner 7. Taking must be unlawful 8. Unlawful Taking is complete: a. RVAIP from moment offender gains possession of the thing b. RFUT thing must be taken out of building 9. Taking means depriving offended party of ownership of thing taken with character of permanency 10.Intent to gain is presumed from unlawful taking of personal property

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VAIAP and those of use FUT: 1. Whenever violence against or intimidation of any person is used, the taking is always robbery; If there is no violence or intimidation, but only FUT, taking is robbery if force is used to either enter building or to break doors, etc. 2. In RVAIP, value of personal property is immaterial; penalty depends on: a. result of violence used b. existence of intimidation only 3. In RFUT, the penalty is based on: a. Value of property taken b. On whether or not the offenders carry arms In RFUT in an uninhabited building, the penalty is based on the value of the property taken

294 Robbery with Violence Against or Intimidati on of Persons

Acts Punished: 1. When by reason or on occasion of robbery, crime of homicide is committed 2. When robbery is accompanied by rape or intentional mutilation or arson 3. When by reason or on occasion of such robbery, any of the physical injuring resulting in insanity, imbecility, impotency or blindness is inflicted 4. When by reason or on occasion of such robber, any of the physical injuries resulting in loss of use of speech or the power to hear or to smell, or the loss of an eye, a hand, a foot, an arm, or a leg or the loss of the use of any such member or incapacity for the work in which the injured

RP to death paragraph 1 (no. 1 and 2) RT medium to RP paragraph 2 (no. 3) RT paragraph 3 (no. 4) PM maximum

11.Intent to gain and personal property belonging to another must concur 12.Violence must be against person of offended party and not upon thing taken 13.Intimidation need not be threat of bodily harm 14. General Rule: Violence or intimidation must be present before taking personal property is complete Exception: When violence results in (1) homicide, (2) rape, (3) intentional mutilation, or (4) any of the serious physical injuries penalized in par. 1 and 2 of Art. 263, taking of personal property is complexed with any of those crimes under Art. 294, even if taking was already complete when violence was used by the offender 15.Taking of property need not be immediately after the intimidation 16.R.A. 6539 is the law applicable when property taken in robbery is a motor vehicle Robbery with Homicide 1. Crime defined in this article is a special complex crime 2. On the occasion or by reason means that it must be committed in the course of or because of the robbery 3. Robbery and homicide are separate offenses, when the homicide was not committed on occasion or by reason of robbery 4. Homicide should be understood in general sense 5. Juridical concept of robbery with homicide does not limit taking of life to

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person is theretofore habitually engaged is inflicted 5. If the violence or intimidation employed in the commission of the robbery is carried to a degree clearly unnecessary for the commission of the crime 6. When in the course of its execution, the offender shall have inflicted upon any person not responsible for the commission of the robbery any of the physical injuries in consequence of which the person injured becomes deformed or loses any other member of his body or loses the use thereof or becomes ill or incapacitated for the performance of the work in which he is habitually engaged for more than 90 days or the person injured becomes ill or incapacitated fro labor for more than 30 days 7. If the violence employed by the offender does not cause any of the serious physical injuries defined in Art. 263, or if the offender employs intimidation only Requisites of Robbery under Second Case of Paragraph 4: 1. That any of the physical injuries defined in paragraphs 3 and 4 of Art. 263 was inflicted in the course of the robbery 2. That any of them was inflicted upon any person not responsible for the commission of the robbery RVAIP under Paragraph 5 of Art. 294 known as simple robbery, because the violence against any person does not result in homicide, rape, intentional mutilation, or any serious physical injuries that give rise to a special complex crime Threats to Extort Money Distinguished from Robbery Thru Intimidation:

to RT medium paragraph 4 (no. 5 and 6) PC maximum to PM medium paragraph 5 (no. 7)

1 single victim or to ordinary homicide all homicides or murders are merged in the composite, integrated whole that is robbery with homicide so long as all the killings were perpetrated by reason or on the occasion of the robbery 6. There is no such crime as robbery with murder 7. Robbery with homicide in dwelling does not require that RFUT is first committed 8. An intent to take personal property belonging to another with intent to gain must precede killing 9. Homicide may precede robbery or may occur after robbery 10.The killing of any person by reason of or on occasion of robbery is punished by highest penalty regardless of the person killed, and even if death supervened due to an accident. 11.Where homicide is not proved, the crime is only robbery and vice versa 12.An accessory to robbery with homicide must have knowledge of the commission of both crimes to be liable, not just robbery Robbery with Rape 1. Even if the rape is committed at another place, it is still robbery with rape 2. There is no such crime as robbery with attempted rape, because robbery cannot be a necessary means to commit attempted rape or vice versa 3. When taking of personal property is an independent act following defendants failure to consummate the rape, there

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1. Both, there is intimidation by offender 2. Both, purpose is identical: to obtain gain 3. In robbery, intimidation is actual and immediate; In threats, intimidation is conditional or future 4. In robbery, intimidation is personal; In threats, it may be done thru an intermediary 5. In robbery, intimidation is directed only to person of victim; In threats, intimidation may refer to person, honor or property of offended party or that of his family 6. In robbery, gain of culprit is immediate; in threats, gain is not immediate Robbery with Violence Distinguished from Grave Coercion: 1. Both, there is violence used by offender 2. In robber, there is intent to gain; in grave coercion, there is not such element Robbery and Bribery Distinguished: 1. Robbery if victim did not commit a crime and is intimidated with arrest and/or prosecution to deprive him of his personal property; Bribery when victim has committed a crime and give money or gift to avoid arrest or prosecution 2. In robbery, victim is deprived of money/property by force or intimidation; in bribery, he parts with money/property in a sense voluntarily Qualifying Circumstances in RVAIP: 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 passengers compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances 5. on a street, road, highway, or alley, and the intimidation is made with the use of firearms

are 2 crimes: theft and attempted rape 4. Additional rapes committed on same occasion of robbery will not increase penalty 5. If rape and homicide with robbery coexist, the rape will be considered as an aggravating circumstance Robbery Under Paragraph 5: 1. Violence/intimidation need not be present at any time before or at exact moment when object taken 2. Reason: Asportation is a complex fact, a whole divisible into parts, a series of acts, in course of which personal violence/intimidation may be injected 3. In robbery with intimidation, there must be acts done by the accused which, either by their own nature or by reason of the circumstances under which they are executed, inspire fear in person against whom they are directed

295 Robbery with Physical Injuries, committe d Uninhabit ed Place and by a

Maximum period of proper penalties

1. Any of the qualifying circumstances must be alleged 2. Being qualifying, it cannot be offset by a generic mitigating circumstance 3. The intimidation with use of firearm qualifies only robbery on a street, road, etc. 4. Article 295 does not apply to robbery with homicide, or rape, or serious physical injuries under par. 1 or Art. 263

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band, or use of Firearm 296 Outline: Definition 1. When at least 4 armed malefactors take part in of a Band commission of a robbery, it is deemed to be and committed by a band Penalty 2. When any of the arms used in the commission of Incurred robber is not licensed, the penalty upon ALL the malefactors shall be the maximum period of corresponding penalty provided by law, without prejudice to criminal liability for illegal possession of such unlicensed firearms 3. Any member of a band who was present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same Requisites for Liability for Acts of the Other Members of the Band: 1. That he was a member of the band 2. That he was present at commission of a robbery by that band 3. That the other members of the band committed an assault 4. That he did not attempt to prevent the assault

Maximum period of corresponding penalty provided by law, without prejudice to criminal liability for illegal possession of such unlicensed firearms

297 Attempte d and Frustrate

RT maximum to RP, unless homicide committed

1. To avoid liability, there must be proof that he made an endeavor to prevent the assault committed by another member of the band, in order that he may not be held liable for such assault 2. Clubs are considered as arms 3. When the robbery was not committed by a band, the robber who did not take part in the assault by another is not liable for that assault 4. When robbery was not by a band and homicide was not determined by the accused when they plotted the crime, the one who did not participate in the killing is liable for robbery only 5. When there is conspiracy to commit homicide and robbery, all the conspirators, even if less than 4 armed men, are liable for special complex crime of robbery with homicide 6. Member must be present at the commission of the robbery to be held liable 7. Proof of conspiracy not necessary when 4 or more armed persons committed robbery 8. Use of firearm, whether licensed or unlicensed, in making the intimidation is a qualifying circumstance in any of the paragraphs 3, 4 and 5 of Art. 294 is committed on a street, etc. 1. Homicide is used in its generic sense 2. Penalty is the same, whether attempted or frustrated 3. Not attempted or frustrated if there is

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d Robbery Committe d Under Certain Circumst ances 298 1. That the offender has intent to defraud another Execution 2. That the offender compels him to sign, execute, of Deeds or deliver any public instrument or document thru 3. That the compulsion is by means of violence or Violence/ intimidation Intimidati on 299 Robbery in Inhabited House or Public Building or Edifice Devoted to Worship RFUT Subdivision (a): 1. That the offender entered (a) an inhabited house, or (b) public building, or (c) edifice devoted to religious worship 2. That the entrance was effected by any of the following means: a. Thru an opening not intended for entrance or egress, or b. By breaking any wall, roof, or floor or breaking any door or window, or c. By using false keys, picklocks, or similar tools, or d. By using fictitious name or pretending the exercise of public authority 3. That once inside the building, the offender took personal property belonging to another with intent to gain RFUT Subdivision (b): 1. That offender is inside a dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it;

shall deserve a higher penalty under the RPC

Penalties respectively prescribed in this Chapter

RT if armed person and value of property taken shall exceed P250 Penalty Next Lower in Degree if not armed and value exceeds P250 Same Rule if armed, value of property does not exceed P250 Penalty Next Lower in Degree in

not overt act of robbery 4. Robbery with Homicide and attempted or frustrated robbery with Homicide are special complex crimes 5. Article 48 is applicable when offense committed is attempted or frustrated robbery with serious physical injuries 1. Covers public or private or commercial document 2. Article 298 does not apply if the document is VOID 3. Distinguished from Coercion: if violence is used to compel offended party to sign/deliver the property or there is no intent to defraud, it is coercion RFUT Subdivision (a): 1. There must be evidence or the facts must show that the accused entered the dwelling house or building by any of the means enumerated in subdivision (a) 2. In entering building, offender must have an intention to take personal property 3. The place entered must be a house or building, not an automobile 4. What makes a building public is the fact of the State or any of its agencies having the title thereof 5. Any of the 4 means described in subdivision (a) must be resorted to by the offender to enter a house or building, not to get out a. Thru an opening not intended for entrance or egress whole body of culprit must be inside the building to constitute entering b. By breaking any wall, etc.

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2. That the offender takes personal property belonging to another, with intent to gain, under any of the following circumstances: a. by the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle b. by taking such furniture or objects away to be broken or forced open outside the place of the robbery

minimum if not armed and value does not exceed P250 Penalties next lower in degree than those prescribed in this article if robbery be committed in dependencies

force used must be actual, as distinguished from constructive force wall must be an outside wall outside door must be broken c. By using false keys, etc. genuine key must be stolen, not taken by force or with intimidation, from the owner false key or picklock must be used to enter the building (mode of entering) it is only theft when false key is used to open wardrobe or locked receptacle (since they are not broken) RFUT Subdivision (b): 1. Entrance by means mentioned in (a) not required in robbery under (b) 2. Door refers to furniture and portable receptacles, not to inside doors of house or building 3. Breaking keyhole of wardrobe is breaking locked furniture 4. Not necessary that it actually be opened 1. Robbery mentioned is committed by a band AND in an uninhabited place 2. The inhabited house, public building or edifice devoted to religious worship must be located in an uninhabited place 1. The place is still inhabited house even if the occupant was absent 2. Requisites for Dependencies: a. Must be contiguous to the building

300 Robbery in Uninhabit ed Place and by a Band 301 What is an Uninhabit

Distinction between 2 Classes of Robbery as to their Being Qualified: 1. RFUT to be qualified, must be committed in an uninhabited place AND by a band 2. RVAIP to be qualified, must be committed in an uninhabited place OR by a band Inhabited House any shelter, ship or vessel constituting the dwelling or one or more persons even though the inhabitants thereof are temporarily absent there from when the robbery is committed

Maximum period of penalty provided

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ed House, Public Building, Place Dedicate d to Religious Worship and their Depende ncies 302 Robbery in an Uninhabit ed Place or in a Private Building

Dependencies are all interior courts, corrals, warehouses, granaries or enclosed places contiguous to the building or edifice, having an interior entrance connected therewith, and which form part of the whole Not Included as Dependencies orchards or other lands used for cultivation or production are not included in the terms of the next preceding paragraph, even if closed, contiguous to the building, and having direct connection therewith Public Building every building owned by the government or belonging to a private person but used or rented by the government, although temporarily unoccupied by the same 1. That the offender entered an uninhabited house or 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: a. The entrance was effected thru an opening not intended for entrance or egress b. A wall, roof, or outside door or window was broken c. Entrance was effected thru the use of false keys, picklocks, or other similar tools d. A door, wardrobe, chest or any sealed or closed furniture or receptacle was broken e. A closed or sealed receptacle was removed, even if the same be broken open elsewhere 3. That with intent to gain, the offender took there from personal property belonging to another

b. Must have an interior entrance connected therewith c. Must form part of the whole

PC medium 1. The uninhabited place is an uninhabited and building maximum if 2. Building includes any kind of structure value exceeds used for storage or safekeeping of P250 personal property 3. Use of fictitious name or pretending the Penalty next exercise of public authority is not in this lower in article since place is uninhabited to degree if begin with value does 4. Receptacle must be closed, locked or not exceed sealed P250 5. Mere removal is not sufficient, the Penalties next article requires that the receptacle must Higher in be broken after removing it Degree than 6. Taking of mail matter or large cattle in those any kind of robbery makes the penalty provided in higher by one degree said articles 7. Motor vehicle, coconuts, and fish are mail matter not included or large cattle 8. Penalty is based upon value of property (Art. 294, taken 295, 297, 9. Robbery in a Store 299, 300, a. if used as dwelling robbery in 302) inhabited house

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b. if not used as dwelling Article 302 c. if dependency of house Article 299 303 Robbery of Cereals, Fruits or Firewood 304 Possessio n of Picklocks or Similar Tools Cases enumerated in Article 299 to 302 Penalty next lower in degree than that prescribed in said articles A Mayor in maximum to PC in minimum possession and making of such PC medium and maximum if offender is locksmith 305 False Keys 306 Who are Brigands Penalty 1. Tools mentioned in the next preceding article 2. Genuine keys stolen from the owner 3. Any keys other than those intended by the owner for use in the lock forcibly opened by the offender Brigandage crime committed by more than 3 armed persons who form a band of robbers for the purpose of committing robbery in the highway or kidnapping persons for the purpose of extortion or to obtain ransom, or for any other purpose to be attained by means of force and violence Elements: 1. There be at least 4 armed persons 2. They formed a band of robbers 3. The purpose is any of the following: a. To commit robbery in the highway Possession is not punishable 1. Cereals are seedlings which are the immediate product of the soil 2. Palay must be kept by the owner as seedling or taken for that purpose by the robbers 1. Actual use of picklocks or similar tools is not necessary in illegal possession thereof 2. Liability of Locksmith a. Not a Locksmith same as mere possessor b. Locksmith higher penalty

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

PM medium to RT minimum, it acts committed not punishable by higher penalties, in which case, they shall suffer such

1. It must be a band of robbers, not any other band such as a band of dissidents 2. The existence of any of the purposes mentioned are sufficient; it would not be necessary to show that it was actually committed 3. All are presumed to be highway robbers or brigands, if any of them carries unlicensed firearm 4. The arms carried may be any deadly weapon 5. May object in enacting this law is to

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b. To kidnap persons for the purpose of extortion or to obtain ransom c. To attain by means of force and violence any other purpose Brigandage and Robbery in a Band Distinguished: 1. Both require offenders to form a band 2. Brigandage purpose is any of the 3 in Article 306; Robbery in a Band purpose is only to commit robbery, not necessarily on the highway 3. Brigandage mere formation of a band for any of the purposes mentioned is sufficient; Robber in a Band necessary to prove band actually committed robbery, as a mere conspiracy is not punishable

high penalties Maximum period if any of arms carried are unlicensed

307 Aiding and Abetting A Band of Brigands

308 Who are Liable for Theft

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: a. He in any manner aids, abets or protects such band of brigands; or b. He gives them information of the movements of the police or other peace officers of the government c. He acquires or receives the property taken by such brigands Theft committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latters consent 1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner; 2. Any person who, after having maliciously

PC medium to PM minimum

prevent the formation of such band 6. The only things to prove are: a. That there is an organization of more than 3 armed persons forming a band of robbers b. That the purpose is any of those enumerated c. That they went upon the highway or roamed upon the country for that purpose d. That the accused is a member of such band 7. Previous acts are considered in determining existence of brigandage 8. Highway includes city streets 9. If the agreement among more than 3 armed men is to commit only a particular robbery, the offense is not brigandage, but only robbery in a band 1. It shall be presumed that the person performing any of the acts provided in this article has performed them knowingly, unless the contrary is proven 2. Highway Robbery/Brigandage is punished under PD 532 - Any person who aids or protects the same or abets the commission of such shall be considered as an accomplice Taking: 4. Taking away or carrying away of personal property of another is NOT required as in larceny in common law 5. Conflicting Rulings on Whether Taking Requires a character of permanency a. Gain not only the acquisition of the thing useful to the purposes of life

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damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; and 3. Any person who shall enter an inclosed estate or a filed where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm products Elements: 1. That there be taking of personal property 2. That the said property belongs to another 3. That the taking be done with intent to gain (animus lucrandi) 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 Stages of the Crime: 1. Theft is consummated a. when offender is able to place thing taken under his control and in such a situation where he could dispose it at once; or b. when offender had full possession of thing, even if he did not have opportunity to dispose the same 2. Conflicting Rulings a. People vs. Dino frustrated theft when truck loaded with stolen boxes of rifles was discovered at checkpoint b. People vs. Espiritu consummated theft when hospital linen was found at checkpoint 3. Explanation: a. Dino Case frustrated because determinative

but also the benefit which in any other sense may be derived or expected from the act which was performed b. Taking act of depriving another of the possession and dominion of movable thing, coupled with the intention, at the time of the taking, of withholding in with the character of permanency 6. Offender must have the intention of making himself the owner of the thing taken 7. There is taking even if the offender received the thing from the offended party Personal Property: 1. If there is no taking of personal property, the crime of theft is not committed 2. Selling the share of a partner or joint owner is not theft 3. In sale of goods which are usually tried, measured or weighted, ownership is not transferred before goods are weighed or measured Intent to Gain: 1. Intent to gain is presumed from the unlawful taking of personal property belonging to another 2. The presumption is rebuttable with good faith 3. Actual or real gain is not necessary in theft, what is important is that there is desire to gain

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fact to determine consummation is ability to dispose freely, even if it were more or less momentarily - should only be applied to theft of bulky goods b. Espiritu Case consummated because they were able to take or get hold of linen Distinguish Theft from Robbery - in theft, there is no violence or intimidation Paragraph 1 Loss generic in nature, embraces loss by stealing or by any act of a person other than the owner, as well as by the act of the owner himself or thru some casual occurrence How to Prove Theft of Lost Property: 1. Time of seizure of the thing 2. That it was a lost property belonging to another 3. That the accused having had the opportunity to return or deliver the lost property to its owner or to local authorities, refrained from doing so Paragraph 2 - removing or making use of fruits or object of property maliciously damaged Paragraph 3 Elements: 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 in the estate or field 4. That the hunting or fishing or gathering of products is without the consent of the owner

Taking without Consent of Owner: 1. Allegation of owners lack of consent cannot be dispensed with in charging an ordinary theft 2. There is no theft when taking is with consent of owner 3. Distinguish from robbery: a. Robbery taking must be against will of owner b. Theft suffices that consent is lacking Without Violence or Intimidation: - It is not robbery when violence is for a reason entirely foreign to the fact of taking Other Rules: 1. When a person has in possession, part of a RECENTLY stolen property, he is presumed to be the thief of all, in the absence of satisfactory explanation 2. Presumption does not arise in case it was found and recovered or in case property was stolen long ago 3. Delay in delivery of lost property to local authorities is immaterial, when the finder surrendered it voluntarily to the owner when the latter came to his house to get it 4. Paragraph 1 not limited to actual finder, where a police officer was found liable for being a finder in law, though not the actual finder in fact 5. The law does not required knowledge of the owner of the lost property 6. Intent to gain is inferred from deliberate failure to deliver lost property to proper

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309 Penalties

1. PM minimum and medium if value of thing is more that P12,000 but does not exceed P22,000 2. PM maximum and one year of each additional P10,000 but total of which shall not exceed 20 years if value exceeds P22,000 3. PC medium and maximum if value of thing more than P6,000 but does not exceed P12,000 4. PC minimum and medium if value of thing more than P200 but does not exceed P6,000 5. A Mayor in medium to PC minimum if value over P5 but does not exceed 200 6. A Mayor in full extent value over P5 but does not exceed P50 7. A Mayor in minimum and medium if value does not exceed P5 8. A Menor or a fine not exceeding P200 if theft is committed under the circumstances enumerated in paragraph 3 of next preceding article and value of thing stolen does not exceed P5; if such value exceeds said amount, the provisions of any of the 5 preceding subdivisions shall be made applicable 9. A Menor in minimum or a fine not exceeding P50 value of thing stolen is not over P5, and offender shall have acted under impulse of hunger, poverty, or difficulty of earning a

person 7. Fishing should not be in the fishpond within the field or estate, otherwise, the crime is qualified theft 8. PD 534 defines illegal fishing and prescribes stiffer penalties therefore 9. PD 581 punishes highgrading or theft of gold 10.PD 401 punishes use of tampered water or electrical meters to steal water or electricity 11.Theft is not a continuing offense 1. Basis of penalty of theft: a. Value of thing stolen b. Value and nature of property taken c. Circumstance or causes that impelled culprit to commit crime 2. Offender is liable for theft of whole car taken to another place, even if tires only are taken away 3. The rule would be different if automobile was not taken away from where it was parked and only the tires were removed the liability will be limited only to value of tires. 4. If there is no available evidence to prove it or that the prosecution fails to prove it, the court should impose the minimum penalty corresponding to theft involving value of P5 5. When the resulting penalty for theft has to medium period, the court can impose the penalty which is favorable to the accused

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livelihood for the support of himself or his family 310 Qualified Theft Theft is Qualified if: 1. Theft is committed by domestic servant 2. Theft is committed with grave abuse of confidence 3. Property stolen is a (a) motor vehicle, (b) mail matter, or (c) large cattle 4. Property stolen consists of coconuts taken from the premises of a plantation 5. Property stolen is fish taken from a fishpond or fishery 6. Property taken is on occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance Motor Vehicle including all vehicles propelled by power, other than muscular power, including automobiles, jeeps, motorcycles and even scooters Cattle including horses, asses, mules, sheep, goats and swine Large Cattle includes horses, carabaos, mules, asses, and all members of the bovine family Small Cattle goats Bovine Family refers to animals related to or resembling oxen or cows Fish includes not only the fishes proper but also many other aquatic animals like crabs, prawns, shrimps, lobsters, clams, mussels, scallops, snails, oysters, and other mollusks and shell fish Fishery place where fish are bred or caught; fishing ground, fish corral Penalties next higher by two degrees than those respectively specified in next preceding article 1. Theft by domestic servant is always qualified. 2. The abuse of confidence must be grave 3. There must be allegation in the information and proof of a relation, by reason of dependence, guardianship, or vigilance between accused and offended party, that has created a high degree of confidence between them 4. Theft by housemate is not always qualified, since the confidence may not necessarily be grave 5. Theft by laborer is not qualified theft for lack of relation of confidence and intimacy 6. The confidence gravely abused must be that existing between the offended party and the offender 7. Industrial partner is not liable for qualified theft 8. Novation only applies when there is a contractual relationship between accused and complainant 9. Theft of motor vehicle is punished under RA6539 10.If a person who stole the mail matter is a private individual, the crime is qualified. 11.The law is silent on whether or not crime will be qualified if mail matter is taken from possession of addressee 12.To constitute qualified theft, animal must be taken alive; if meat is simply taken, it is simple theft, because there was not taking of the cow

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PD 1612 AntiFencing Law

1. Crime of robbery or theft has been committed 2. Accused, who is not a principal or accomplice in the commission of the crime of robbery or theft, buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in any manner deals in any article, item, object or anything of value, which has been derived from the proceeds of the said crime 3. Accused knows or should have known that the said article, item, object or anything of value has been derived from the proceeds of the crime of robbery or theft 4. There is, on the part of the accused, intent to gain fro himself or for another

See page 720

311 Theft of Property of National Library and National

A Mayor or a fine ranging from P200 to P500 or both, unless a higher penalty should be

13.If offended killed cow with hatred and revenge against owner, crime is malicious mischief 14.Taking at same time several cows is only one crime 15.Coconuts must be taken from premises of plantation, otherwise it is only simple theft 16.Purpose of qualifying circumstance for coconuts: encourage and protect development of coconut industry 17.Fish must be taken from fishpond or fishery 1. Fencing act of any person, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery of theft 2. Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence 3. The crimes of robbery and theft, on the one hand, and fencing, on he other, are separate and distinct offenses Theft of property of National Library and Museum has a fixed penalty regardless of its value

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Museum

provided by RPC

312 Occupati on of Real Property or Usurpatio n of Real Rights in Property

Acts Punishable: 1. By taking possession of any real property belonging to another by means of violence against or intimidation of persons 2. By usurping any real rights in property belonging to another by means of violence against or intimidation of persons Elements: 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 usurping real rights in property 4. That there is intent to gain

Fine of from 50 to 100% for the gain which he shall have obtained, but not less than P75 Fine from P200 to P500 if value of the gain cannot be ascertained

313 Altering Boundari

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

A Menor or a fine not exceeding

1. The real property or rights must belong to another 2. There is only civil liability, if there is no violence or intimidation in taking possession of real property 3. Violence or intimidation must be the means used in occupying real property or usurping real right belonging to another 4. Article 312 does not apply when violence or intimidation took place subsequent to entry into the property 5. Article 312 not applicable to a case of open defiance of writ of execution issued in forcible entry case because accused did not secure possession of land by means of violence or intimidation 6. Criminal action for usurpation of real property is not a bar to civil action for forcible entry 7. Distinguished from Theft or Robbery; a. Theft or Robbery there is taking or asportation; Art. 312 there is occupation or usurpation b. Theft or Robbery personal property is taken; Art. 312 real property or real right is involved c. Both, there is intent to gain 1. Fraudulent intent is not necessary 2. Alter general and indefinite meaning 3. Any alteration is contemplated in this

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es or Landmar ks 314 Fraudule nt Insolvenc y

2. That the offender alters said boundary marks

P100,or both

1. That the offender is a debtor, that is, he has obligations due and payable 2. That he absconds with his property 3. That there be prejudice to his creditors Distinguished from Insolvency Law: a. Insolvency Law requires application that the criminal act should have been committed after institution of criminal proceedings b. Article 314 there is no such requirement, and it is not necessary that defendant should have been adjudged bankrupt or insolvent Elements of Estafa in General: 1. That the accused defrauded another (a) by abuse of confidence or (b) by means of deceit; and 2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or 3rd person Ways of Committing Estafa: 1. With unfaithfulness or abuse of confidence 2. By means of deceit: a. By means of false pretenses or fraudulent acts b. Thru fraudulent means Unfaithfulness or Abuse of Confidence: 1. By altering the substance, quantity, or quality or anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration a. Offender has an onerous obligation to deliver something of value b. He alters its substance, quantity or quality

PM any person PC maximum to PM medium if offender is a merchant

article 4. Destruction of stone monuments or taking it to another place or removing a fence is altering 1. Actual prejudice and not intent alone is required 2. Qualifying circumstance: being a merchant 3. Real property may be involved 4. Person prejudiced must be the creditor or the offender

315 Swindling (Estafa)

PC maximum to PM minimum if amount is over P12,000 but does not exceed P22,000 PC maximum, adding one year for each additional P10K but not to exceed 20 years if amount exceeds P22,000 PC minimum and medium

Estafa with Abuse of Confidence: - Deceit with Intent to Defraud is not an essential requisite for this estafa First Kind of Estafa with Abuse of Confidence: 1. There must be an existing obligation to deliver something of value 2. By virtue of an onerous obligation means that thing delivered must be fully or partially paid for 3. When there is no agreement as to quality, the delivery of thing not acceptable to complainant is not estafa 4. This crime may arise even if such obligation is based on an immoral or illegal consideration 2nd Kind of Estafa with Abuse of Confidence: 1. Check is included in the word money 2. Money, goods, or other personal

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c. Damage or prejudice is caused to another 2. By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property 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, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property. a. That money, goods, or other personal property be received by 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 b. That there be misappropriation/conversion of such money or property by offender, or denial on his part of such receipt c. That such misappropriation or conversion or denial is to the prejudice of another d. That there is demand made by the offended party to the offender 3. By taking undue advantage of the signature of the offended party in blank, and by writing any document above such signature in blank, to the prejudice of the offended party or of any third person. a. Paper with the signature of the offended party be in blank b. Offended party should have delivered it to the offender c. Above the signature of offended party a document is written by the offender without authority to do so d. Document so written creates a liability of, or causes damage to, the offended party or any

amount is over P6,000 but does not exceed P12,000

property must be received by offender under a transaction transferring juridical possession to him 3. Juridical Possession possession which gives the transferee a right over the thing which the transferee may set A Mayor up even against the owner maximum to 4. When delivery of a chattel has not the PC minimum effect of transferring the juridical amount over possession thereof, or title thereto, it is P200 but not presumed that the possession of, and exceed title to, the thing so delivered remain in P6,000 the owner 5. Thing is received in trust, on A Mayor commission, or for administration medium and 6. Any other obligation includes quasimaximum if contracts and certain contracts of such amount bailment (e.g. commodatum, contract does not of deposit, lease, etc.) exceed P200 7. The obligation to return or deliver thing must be contractual without transferring to the accused the ownership of the thing received 8. When ownership of thing is transferred to person who has received it, his failure to return it will give rise to civil liability only 9. There is no estafa: - when transaction of purchase and sale fails, and accused refused to return the advance payment - when money or other personal property received by accused is not to be used for a particular purpose or to be returned - if thing is received under a contract of sale on credit 10.Criminal liability for estafa already

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3rd person False Pretense or Fraudulent Acts a. That there must be false pretense, fraudulent act or fraudulent means b. That such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud c. 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 d. As a result thereof, the offended party suffered damage executed prior to or simultaneously with the commission of the fraud: 1. By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits. 2. By altering the quality, fineness or weight of anything pertaining to his art or business. 3. By pretending to have bribed any Government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. In this case, the offender shall be punished by the maximum period of the penalty. 4. By post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of

committed is not affected by novation of contract or compromise 11.In order that novation may relieve the accused of criminal liability, it must take place before the criminal liability is incurred 12.Novation of contract from one of agency to one of sale, or to one of loan, relives defendant from incipient criminal liability under first contract 13.3 Ways of Committing This Kind of Estafa: a. Misappropriating Thing Received to own to take something for ones own benefit; even if there was not intention to permanently misappropriate the same b. Converting thing Received connotes act of using or disposing of anothers property as if it were ones own; presupposes that thing has been devoted to a purpose or use different from that agreed upon c. Denying that Thing was ever Received 14.Agents Right to Deduct Commission: a. If authorized to retain commission no estafa b. Otherwise estafa, since agent is not a joint owner, with a right to the money collected 15.Prejudice to another not necessarily of the owner of property 16.Partnership Liability - partners not liable for estafa of money or property received for the partnership when the business

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the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act. a. The offender postdated a check, or issued a check in payment of an obligation b. Such postdating 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 5. By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house, or apartment house and the like without paying therefor, with intent to defraud the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging house, or apartment house by the use of any false pretense, or by abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant, boarding house, lodging house or apartment house after obtaining credit, food, refreshment or accommodation therein without paying for his food, refreshment or accommodation. a. By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house or apartment house without paying therefore, with intent to defraud the proprietor or manager thereof b. By obtaining credit any of said establishments by the use of false pretenses; or c. By abandoning or surreptitiously removing

commenced and profits accrued failure of partner to account for funds may give rise to civil obligation only; except: if misappropriation of share of another partner in profits - when partner receives funds or property for specific purpose and later misappropriates it, such is guilty of estafa 17.Co-owner not liable for estafa, but he is liable, if after termination of coownership, he misappropriates thing which has become exclusive property of another 18.Necessity of Demand: a. Estafa by means of Deceit demand not necessary, because delivery of thing is wrong from beginning b. Estafa with Abuse of Confidence requires demand, since offender receives thing under a lawful transaction 19.No estafa thru negligence 20.Gravity of crime of estafa is determined on basis of amount not returned before institution of criminal action 21.Estafa with Abuse of Confidence distinguished from Theft: a. Theft offender takes thing without consent of owner; estafa offender receives thing b. Estafa receive juridical possession 22.Test to Distinguish: in theft, upon delivery of thing to offender, the owner expects an immediate return of the thing to him 23.Constructive possession relation -

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any part of his baggage from any of said establishments after obtaining credit, food, refreshment or accommodation therein, without paying therefore Through any of the following fraudulent means: 1. By inducing another, by means of deceit, to sign any document. a. That offender induced offender party to sign a document b. That deceit be employed to make him sign the document c. That the offended party personally signed the document d. Prejudice was caused 2. By resorting to some fraudulent practice to insure success in a gambling game. 3. By removing, concealing or destroying, in whole or in part, any court record, office files, document or any other papers. a. That there be a court record, office files, documents or any other papers b. That the offender removed, concealed or destroyed any of them c. That the offender had intent to defraud another Estafa in General: - It is necessary that the damage or prejudice be capable of pecuniary estimation, because the amount of damage or prejudice is basis of penalty for estafa Element of Damage or Prejudice may Consist in:

between the owner of thing and thing itself when the owner is not in the actual physical possession, but when it is still under his control and management subject to his disposition 24.Estafa with Abuse of Confidence and Malversation Distinguished a. In both offenders are entrusted with funds or property b. Both are continuing offenses c. Estafa funds or property are always private; Malversation usually public funds or property d. Estafa offender is private individual or public officer not accountable for public funds or property; Malversation offender is usually public officer who is accountable e. Estafa with Abuse of Confidence crime is committed by misappropriating, converting or denying having received money, etc.; Malversation crime committed by appropriating, taking or consenting, or thru abandonment or negligence, permitting any other person to take public funds or property Estafa by Taking Undue Advantage of Signature in Blank - the paper with the signature in blank must be delivered by the offended party to the offender Estafa by Means of Deceit 1st Form of Estafa by Means of Deceit: 1. There is use of fictitious name when a

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1. The offended party being deprived of his money or property, as a result of the defraudation; 2. Disturbance in property rights; or 3. Temporary prejudice Other Rules Regarding Estafa: 1. Payment made subsequent to the commission of estafa does not extinguish criminal liability or reduce the penalty 2. The crime of estafa is not obliterated by acceptance of promissory note 3. the accused cannot be convicted of estafa with abuse of confidence under an information alleging estafa by means of deceit

2. 3. 4. 5.

6.

7.

person uses a name other than his real name A creditor who deceived his debtor is liable for estafa. The pretense must be false and there must be evidence of the pretense The offended party must be deprived of his property by any of the false pretenses mentioned Estafa by Means of Deceit Distinguished from Theft: - what materially distinguishes the two crimes is whether only material possession (theft) or both juridical and physical possession (estafa) of the thing was transferred Estafa thru false pretense made in writing is only a simple crime of estafa, not a complex crime of estafa thru falsification Fraud in estafa by means of deceit must be proved with clear and positive evidence

3rd Form of Estafa by Means of Deceit 1. In addition to the crime of estafa, the offender may still be liable for the crime of defamation 2. The acts must be fraudulent characterized by, or founded on, deceit, trick or cheat 3. Distinguishing False Pretenses from Fraudulent Acts a. In false pretenses, deceit consists in use of deceitful words; in fraudulent acts, the deceit consists principally in deceitful acts b. Estafa by means of Deceit ,

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fraudulent acts must be performed prior to or simultaneously with commission of fraud c. Other forms of Deceit offender must be able to obtain something from the offended party because of the fraudulent acts, that is, without which, the offended party would not have parted with it 4th form of Estafa by Means of Deceit: 1. The check issued must be genuine, and not falsified 2. The check must be postdated or issued in payment of an obligation contracted at the time of the issuance and delivery of the check 3. The rule that the issuance of a bouncing check in payment of a pre-existing obligation does not constitute estafa has not at all been altered 4. When a check is issued in substitution of a promissory note, it is in payment of a pre-existing obligation and if dishonored, does not constitute estafa 5. The accused must be able to obtain something from the offended party by means of the check he issues and delivers 6. Prima facie evidence of deceit: failure to deposit amount necessary within 3 days to cover check 7. Good faith is a defense in a charge of estafa by postdating or issuing a check 8. If at the time of issuance of check , the accused had the intention of stopping payment, he is guilty of estafa 9. The person who uses the check may

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also be liable, if he knowingly used the same to purchase goods 10.The payee or person receiving the check must be defrauded B.P. 22 Bouncing Checks Estafa by Means of Deceit Thru Fraudulent Means: 1st Form of Estafa: 1. There must be inducement to sign the document 2. Deceit must be employed 3rd Form of Estafa: 1. If there is no intent to defraud, the act of destroying the court record will be malicious mischief 2. Estafa distinguished from Infidelity in Custody of Documents: a. Both are similar in the manner of committing b. In infidelity, the offender is a public officer who is officially entrusted with documents; in estafa, offender is private individual or even a public official not officially entrusted with such c. In infidelity there is not intent to defraud; in estafa, there is 3. If there is no deceit, no abuse of confidence, there is no estafa, even if there is damage; there will only be civil liability 4. Damage or prejudice must be capable of pecuniary estimation

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316 Other Forms of Swindling

Other Forms of Swindling: 1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage the same. a. That the thing be immovable, such as a parcel of land or a building b. That the offender who is not the owner of said property should represent that he is the owner thereof c. That the offender should have executed an act of ownership (selling, leasing, encumbering or mortgaging the real property) d. That the act be made to the prejudice of the owner or a 3rd person 2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded. a. that the thing disposed of be real property b. That the offender knew that the real property was encumbered, whether the encumbrance is recorded or not c. That there must be express representation by the offender that the real party is free from encumbrance d. That the act of disposing of the real property be made to the damage of another 3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person. a. That the offender is the owner of personal property b. That said personal property is in the lawful possession of another c. That the offender wrongfully takes it from its lawful possessor d. That prejudice is thereby caused to the possessor or 3rd person 4. Any person who, to the prejudice of another, shall

A Mayor in minimum and medium and fine not less than value of damage caused and not more than 3 times value

Paragraph 1: 1. The thing disposed must be real property 2. There must be existing real property, otherwise accused may be guilty of estafa by means of false pretenses 3. Deceit consisting in false pretence as to ownership of the real property must be employed by the offender 4. There must actual damage caused by the act of the offender Paragraph 2: 1. Encumbrance every right or interest in the land with exists in favor of a 3rd person 2. The offended party must have been deceived, that is, he would not have granted the loan had he known that the property was already encumbered 3. When the loan had already been granted when defendant offered the property for payment of the loan, this article does not apply 4. Usurious loan with equitable mortgage is not an encumbrance on the property 5. The thing disposed of must be real property 6. The offender must know that the real property is encumbered 7. Real property may be registered under any system of registration 8. The element of fraud, deceit or misrepresentation cannot be implied 9. There must be damaged caused Paragraph 3: 1. The offender must be the owner of

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317 Swindling a Minor

318 Other Deceits

execute any fictitious contract. 5. Any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor. 6. Any person who, while being a surety in a bond given in a criminal or civil action, without express authority from the court or before the cancellation of his bond or before being relieved from the obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property or properties with which he guaranteed the fulfillment of such obligation. a. That the offender is a surety in a bond given in a criminal or civil action b. That he guaranteed the fulfillment of such obligation with his real property or properties c. That he sells, mortgages, or, in any other manner encumbers said real property d. That such sale, mortgage, 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 1. That the offender takes advantage of the inexperience or emotions or feelings of a minor 2. That he induces such minor (a) to 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 Other Deceits: 1. By defrauding or damaging another by any other deceit not mentioned in the preceding articles 2. By interpreting dreams, by making forecasts, by

personal property 2. The personal property must be in the lawful possession of another 3. There must be wrongful taking without the consent of the possessor, or when deceit is employed by the owner to induce possessor to give it to him 4. Taking by violence is not covered under this article a. If there is violence or intimidation with intent to charge bailee with its value robbery b. If there is violence or intimidation with no intent to gain grave coercion Paragraph 4: - example: a person who simulates a conveyance of his property to another, for the purpose of defrauding his creditors Paragraph 5: - Requires fraud; if there is no fraud, solutio indebiti would arise 1. Actual proof of deceit or misrepresentation is not essential, as it is sufficient that the offender takes advantage of the inexperience or emotions of the minor 2. Real property is not included

A Mayor and a fine of a sum ranging form 10 to 50% of value of obligation contracted by minor A Mayor and fine not less than the amount of

1. Scope: any other kind of conceivable deceit 2. Deceits in this article include false pretenses and fraudulent acts

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telling fortunes, or by taking advantage of the credulity of the public in any other similar manner, for profit or gain

319 Removal, Sale or Pledge of Mortgage d Property

Acts Punishable: 1. By knowingly removing any personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of execution of the mortgage, without the written consent of the mortgagee or his executors, administrators or assigns a. That personal property is mortgaged under the Chattel Mortgage Law b. That the offender knows that such property is so mortgaged c. That he removes such mortgaged personal property to any province or city other than the one in which it was located at the time of the execution of the mortgage d. That the removal is permanent e. That there is no written consent of the mortgagee or his executors, administrators or assigns to such removal 2. By selling or pledging personal property already pledged, or nay part thereof, under the terms of the Chattel Mortgage Law, without the 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 of the province where such property is located a. That personal property is already pledged

damage caused, not more than 2x amount - par. 1 A Menor or a fine not exceeding P200 par. 2 A Mayor or a fine amounting to twice the value of the property

Paragraph 1: 1. A 3rd person who removed the property to another province, knowing it to have been mortgaged under the Chattel Mortgage Law is also liable under this article 2. There is no violation if chattel mortgage is not registered 3. There is no felonious transfer when transfer of personal property is due to change of residence 4. The removal must be coupled with intent to defraud 5. Filing a civil action for collection, not foreclosure of chattel mortgage, relieves the accused of criminal liability Paragraph 2: 1. A second mortgage, aside from sale or pledge, is also contemplated by the law 2. A house, though an immovable, may be subject of chattel mortgage by agreement of the parties 3. The consent of mortgagee must be (a) in writing (b) on the back of the mortgage and (c) noted on the record thereof in the back of the register of deeds 4. Damage is not necessary

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under the terms of the Chattel Mortgage Law b. That the offender, who is the mortgagor of such property, sells or pledges the same or any part thereof c. 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 Chattel Mortgage: 1. Object: to give necessary sanction to the provision of the statute in the interest of the public at large 2. The chattel mortgage must be valid and subsisting 3. If it is void, it cannot be the basis of a criminal prosecution under this article

5. Distinguished from Estafa by disposing of Encumbered Property a. Both there is a selling of a mortgaged property b. Estafa property involved is real property; Sale of Mortgaged property it is personal property c. Estafa sufficient that real property mortgaged be sold as free, even though vendor may have obtained the consent of the mortgagee in writing; Selling or Pledging committed by mere failure to obtain the consent of mortgagee in writing, even if offender informs purchaser that thing sold is mortgaged d. Estafa purpose is to protect purchaser, whether the first or second; Article 319 to protect mortgagee

320-326B 327 Who Are Liable for Malicious Mischief

Repealed by PD 1613 Amending the Law on Arson 1. Offender deliberately caused damage to the property of another 2. Such act does not constitute arson or other crimes involving destruction 3. The act of damaging anothers property be committed merely for the sake of damaging it. (presupposes that the offender acted due to hate, revenge or other motive) Special Cases of Malicious Mischief: 1. Causing damage to obstruct the performance of public functions 2. Using any poisonous or corrosive substance 3. Spreading any infection or contagion among cattle PC minimum and medium value of damage caused P1,000 1. Malicious Mischief willful damaging of anothers property for the sake of causing damage due to hate, revenge or other evil motive 2. Offender should act under the impulse of a specific desire to inflict injury to another 3. Malicious mischief cannot be committed thru negligence 1. Malicious Mischief Distinguished from Sedition: a. Sedition element of public or tumultuous uprising; Mischief in 1st clause not present b. Both intent to obstruct the

328 Special Cases of Malicious Mischief (Qualified

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Malicious Mischief)

4. Causing damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public

A Mayor value does not exceed P1,000 but over P200 A Menor value does not exceed P200

performance of public functions 2. Poisonous substance may be used to kill large cattle or other animals of the offended party. 3. The corrosive substance may be used to cause rust on a machine or to destroy property thru the action of chemicals

329 Other Mischiefs

330 Damage and Obstructi on to Means of Communi cation

A Mayor medium and maximum value of damage caused exceeds P1,000 A Mayor in minimum and medium over P200 but not exceeding P1,000 A Menor or fine of not less than value of damage caused and not more than P200, if amount involved does not exceed P200 or cannot be estimated Electric wires, traction cables, signal system, and other things pertaining to railways, shall be deemed to constitute an integral part of a railway system

PC medium and maximum damage railway, telegraph or telephone lines PM results in derailment of cars, collision, or other accident

1. Derailment or collision of cars should not have been purposely sought for by the offender 2. Derailment or collision must have resulted from damage to railway, telegraph or telephone lines 3. If the rails are removed from a railway truck to cause destruction, the act constitutes crime involving destruction (Article 324) a. Article 330 object merely to cause damage b. Article 324 object is to cause destruction 4. Article does not apply when the telegraph or telephone lines do not pertain to railways

331 Destroyin g/Damagi

1. Destroy or damage statues or any other useful or ornamental public monuments

A Mayor medium to PC minimum

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ng Statues, Public Monumen ts, or Paintings 332 Persons Exempt from Criminal Liability

2. Destroy or damage any useful or ornamental painting of a public nature

A Menor or a fine not exceeding P200 or both No criminal liability Only civil liability 1. Crimes involved in the Exemption: a. Theft b. Swindling (estafa) c. Malicious Mischief 2. There is only civil liability that shall result from the commission of said crimes, committed or caused mutually by those persons 3. The offended party and the offender must be relatives and their relationship is any of those mentioned in the article 4. Reason for Exemption: law recognizes the presumed co-ownership of the property 5. Applies to common-law spouses 2. Marriage must be legitimate 3. Offended party must be legally married to offender at time of criminal case 4. There is adultery, even if the marriage of the guilty woman with offended husband is subsequently declared VOID 5. Reason: Until marriage is declared null and void by competent authority in a final judgment, the offense to the vows taken, and the attack on the family exists 6. Carnal knowledge may be proved by circumstantial evidence 7. Each sexual intercourse constitutes a crime of adultery; it is not a continuing offense 8. Abandonment without justification

Exemptions: 1. Spouses, ascendants and descendants, or relatives by affinity in the same line 2. Widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another a. The property belongs to deceased spouse b. It has not passed into the possession of a 3rd person 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together Exception: not applicable to strangers participating in the commission of the crime 1. That the woman is married 2. That she has sexual intercourse with a man not her husband 3. That as regards the man with whom she has sexual intercourse, he must know her to be married Essence of adultery: violation of marital vow Gist of crime: danger of introducing spurious heirs into family, where rights of real heirs may be impaired and a man may be charged with maintenance of family not his own Effect of acquittal of one of the defendants: does not operate as a cause for acquittal of the other

333 Who are Guilty of Adultery

PC medium and maximum adultery Penalty next lower in degree offender committed offense while being abandoned without justification by offended spouse

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there may not be a joint criminal intent, though there is joint physical act one may be insane and other insane, then, only the sane may be held liable man may not know woman is married, thereby making him innocent death of woman during pendency of trial cannot defeat trial and conviction of man even if man left the country, woman may be tried and convicted

334 Concubinage

Effect of Pardon: a. Pardon must come before institution of criminal prosecution b. Both offenders must be pardoned by offended party Pardon a. Implied Pardon - act of intercourse subsequent to adulterous conduct b. Express Pardon act of pardon by itself operates as such whether sexual intercourse accompanies the same or not Ways of Committing Crime: 1. By keeping a mistress in the conjugal dwelling; or 2. By having sexual intercourse, under scandalous circumstances, with a woman who is not his wife; or 3. By cohabiting with her in any other place Elements: 1. That the man must be married 2. That he committed any of the said acts 3. That as regards the woman, she must know him to be married Conjugal Dwelling the home of the husband and wife even if the wife happens to be temporarily absent on any account

mitigating circumstance for both offenders 9. The man (who may to be single or married) to be guilty of adultery, must have knowledge of married status of woman 10.A married man is not liable for adultery if he did not know woman was married but may be held liable for concubinage 11.Effect of Death a. Paramour not a bar to prosecution b. Offended Party proceedings must continue if complaint is filed before his death; otherwise, if compliant not filed before death, the case cannot proceed 12.Effect of Consent by offended party criminal charge must be dismissed 13.Under the law, there is no accomplice in adultery PC minimum and Medium husband Destierro penalty for concubine 1. Concubinage is a violation of the martial vow 2. Offenders: a. Married Man b. Woman who knows him to be married 3. If sexual relations with a woman not his wife is not any of the 3 acts specified here, then he is not criminally liable 4. Woman must by taken by offender into the conjugal dwelling as a concubine 5. It is only when the woman is kept elsewhere other than conjugal dwelling that scandalous circumstances becomes an element of a crime 6. The people in the vicinity are the best

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Scandal any reprehensible word or deed that offends public conscience, redounds to the detriment of the feelings of honest persons, and gives occasion to the neighbors spiritual damage or ruin

7. 8.

336 Acts of Lasciviou sness

Elements: 1. That the offender commits any act of lasciviousness or lewdness 2. That the act of lasciviousness is committed against a person of either sex 3. That it is done under any of the following circumstances: a. By using force or intimidation b. When offended party is deprived of reason or otherwise unconscious c. By means of fraudulent machination or grave abuse of authority d. When offended party is under 12 years of age or is demented No attempted or frustrated crime of acts of lasciviouness

PC

1.

2. 3. 4. 5.

6.

witnesses to prove scandalous circumstances In the third act, mere cohabitation is sufficient; proof of scandalous circumstances is not necessary Cohabit dwell together, in the manner of husband and wife, for some period of time Distinguished from Grave Coercion: a. Acts of Lasciviousness compulsion in beating girl is included in constructive element of force b. Grave Coercion the compulsion is the very act constituting offense of grave coercions Motive of lascivious acts is not important because essence of lewdness is in the very act itself When crime may be considered Unjust Vexation: when there is no lewd design Moral compulsion amounting to intimidation is sufficient Abuses against Chastity Distinguished from Offenses against Chastity a. Abuses Against committed by public officer and that a mere immoral or indencent proposal made earnestly and persistently is sufficient b. Crimes Against offender is a private individual, in most cases, and it is necessary that some actual act of lasciviousness should have been executed by the offender Distinguished from Attempted Rape a. Both crimes offended party is either sex b. Both there is performance of acts

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337 Qualified Seductio n

Two Classes: 1. Seduction of a virgin over 12 and under 18 years of age by certain persons, such as, a person in authority, priest, teacher, etc. a. That the offended party is a virgin, which is presumed if she is unmarried and of good reputation b. That she must be over 12 and under 18 years of age c. That the offender has sexual intercourse with her d. That there is abuse of authority, confidence or relationship on the part of the offender 2. Seduction of a sister by her brother, or descendant by her ascendant, regardless of her age or reputation Offenders in qualified seduction: a. Those who abused their authority: person in public authority, guardian, teacher, person who, in any capacity, is entrusted with the education or custody of the woman seduced b. Those who abused confidence reposed in them: priest, house servant, domestic c. Those who abused their relationship: brother who seduced his sister, ascendant who seduced his descendant

PC minimum and medium Penalty next higher in degree qualifying circumstance

1. 2. 3.

4. 5. 6.

7. 8.

of lascivious c. Attempted or Frustrated Rape if acts performed clearly indicate his purpose was to lie with offended woman d. Attempted Rape lascivious acts are but preparatory acts to commission of rape; Acts of Lasciviousness lascivious acts are themselves the final objective sought by offender She must be a virgin Virginity includes a virtuous woman of good reputation The acts would not be punished were it not for the character of the person committing the same, on account of the excess of power or abuse of confidence of which the offender availed himself Deceit is not an element of qualified seduction. Consent of the girl is no defense Domestic person usually living under the same roof, pertaining to the same house; includes all persons residing with the family and who are members of the same household, regardless of the fact that their residence may only be temporary or that they may be paying for their board and lodging If any of the circumstances in rape are present, the crime is not to be punished under this article Qualified Seduction of Sister by Brother - virginity is not required and she may be over 18 - relationship must be by consanguinity - relationship need not be legitimate

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338 Simple Seductio n

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

A Mayor

339 Acts of Lasciviou sness with Consent of Offended Party

1. That the offender commits acts of lasciviousness or lewdness 2. That the acts are committed upon a woman who is a 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

A Mayor

1. If the girl is under 12, the crime is rape; if she is over 18, and there is no force or intimidation or she is not unconscious or otherwise deprived of reason, there is no crime, even if deceit was used 2. Virginity of the offended party is not required 3. There must be sexual intercourse, otherwise, the crime is acts of lasciviousness 4. A man is liable though willing to marry girl seduced by him 5. Promise of marriage by a married man or after sexual intercourse is not seduction 6. There is no continuing offense of seduction 7. Purpose: to punish the seducer 1. Male cannot be offended party in this crime 2. It is necessary that crime is committed under circumstances which would make it qualified or simple seduction had there been sexual intercourse, instead of acts of lewdness only 3. Distinguished from Acts of Lasciviousness (336) a. Both treat of acts of lasciviousness b. Art. 336 acts are committed under circumstances which, had there been carnal knowledge, would amount to rape c. Art. 339 acts of lasciviousness are committed under the circumstances

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340 Corruptio n of Minors

1. Offender is person under age 2. Person promotes or facilitates prostitution or corruption of person under age 3. Purpose is to satisfy lust of another

PM to satisfy 1. lust of another 2. In addition, TAD public officer or employee 3. 4. 5. 6.

341 White Slave Trade

Acts Penalized: 1. Engaging in business of prostitution 2. Profiting by prostitution 3. Enlisting services of women for the purpose of prostitution

PC medium and maximum

1. 2. 3. 4.

342 Forcible Abductio n

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

RT

1. 2. 3.

4. 5.

which, had there been carnal knowledge, would amount to either qualified seduction or simple seduction Habituality or abuse of authority or confidence is not necessary One who casts for his own lust is not liable here Single act without abuse of authority or confidence is now a crime Not necessary that unchaste acts have been done Victim must be of good reputation, not a prostitute, or corrupted person A mere proposal will consummate offense One of the mentioned acts is sufficient to constitute the offense Habituality is not a necessary element Person engaged in the business of prostitution need not be owner of the house Maintainer or manager of house of illrepute need not be present therein at time of raid or arrest to be liable Woman abducted may be married Virginity is not an essential element of this crime Crimes against Chastity where age and reputation are immaterial: rape, acts of lasciviousness agains the will or without the consent of offended party, qualified seduction of sister or descendant, and forcible abduction When female is under 12, it is not necessary that she be taken against her will Sexual intercourse is not necessary

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343 Consente d Abductio n

1. That the offender 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 praty must withoher consent after solicitation or cajolery from the offender 4. That the taking away of the offended party must be with lewd designs Purpose of Law: prescribe punishment for the disgrace to her family and the alarm caused therein Virginity is not to be understood in a material a sense as to exclude the idea of abduction of a virtuous woman of good reputation

PC minimum and medium

344 Prosecuti on of Crimes of Adultery, Concubin

1. Adultery and concubinage must be prosecuted upon complaint signed by the offended party 2. Seduction, abduction or acts of lasciviousness must be prosecuted upon complaint signed by: a. Offended party, b. Her parents,

6. Lewd designs may be shown by the conduct of the accused 7. when there are several defendants, it is enough that one has lewd designs 8. Husband is not liable for abduction of wife 9. Nature of Crime: violative of individual liberty of abducted, her honor and reputation and public order 10.Distinguished from Grave Coercion: a. In both there is violence or intimidation by offender b. Grave Coercion no element of lewd design 11. Distinguished from 1. If offender is under 12, it is forcible abduction. 2. The taking away of the girl need not be with some character of permanency 3. Abductor need not actually and personally have taken the abducted female from her parents home, or induced her to abandon it; it is sufficient that he was instrumental in her escape 4. When there was no solicitation of cajolery and no deceit and the girl voluntarily went with man, there is no crime committed even if they had sexual intercourse 5. Actual sexual intercourse is not necessary, since the important element is merely lewd designs 2. The court motu proprio can dismiss the case for failure of the aggrieved party to file the proper complaint 3. Rape may be prosecuted de oficio 4. Imputation of crime of prostitution

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age, Abductio n, Rape, and Acts of Lasciviou sness

c. Grandparents, or d. Guardians in the order in which they are named above Underlying Principle why Crimes against Chastity Cannot be Prosecuted de oficio: out of consideration for the offended woman and her family who might prefer to suffer the outrage in silence rather than go thru with the scandal of a public trial

5.

6. Guardian legal, not natural guardian, that is, guardian legally appointed in accordance with the provision of the law Pardon in Crimes of Chastity: - only offended party may pardon - Pardon of offended party who is a minor must have concurrence of parents (except: when she has no parents) - Condonation is not pardon in concubinage or adultery; any act of infidelity subsequent to condonation constitutes a new offense 1. Adultery or Concubinage bars prosecution of crime - effective if made: a. Before the institution of the criminal action, and b. Both offenders must be pardoned by both parties 2. Acts of Lasciviousness, Seduction and Abduction bars prosecution of crime a. must be EXPRESS b. Before the institution of criminal action

7. 8. 9.

against a woman can be prosecuted de oficio. Adultery or Concubinage a. Only offended spouse can file the complaint b. Both parties, if both alive, must be included in complaint c. Both parties must be included even if one of them is not guilty Seduction, Abduction or Acts of Lasciviousness a. The right to file action granted to parents, grandparents or guardian shall be exclusive of all other persons and shall be exercise successively b. It is exclusive, because if the parent, for example, refuse to file, the grandparents cannot file the complaint c. When offended party is a minor, her parents may file complaint d. When offended party is of age, and she is complete possession of her mental and physical faculties, she alone can file the complaint e. The father, if living, is not necessarily preferred to the mother in filing the complaint Complaint must be filed in court, not with the fiscal Rape complexed with another crime (a public crime) need not be signed by offended woman Actual Marriage with offended party a. Extinguishes criminal action or remits the penalty already imposed b. Benefits the co-principals,

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345 Civil Liability of Persons Guilty of Crimes Against Chastity

Seduction or Abduction: 1. To indemnify the offended woman 2. To acknowledge offspring, unless the law should prevent him form doing so 3. In every case, to support the offspring Adultery or Concubinage - Indemnify damages caused to offended spouse

346 Liability of Ascendan ts, Guardian s, Teachers or Other Persons Entrusted with Custody 347 Simulatio n of Births

Persons Liable - cooperate as accomplices but are punished as principals: 1. Ascendants 2. Guardian 3. Curators 4. Teachers, and 5. Any other person, who cooperates as accomplice with abuse of authority or confidential relationship

Acts Punished: 1. Simulation of births 2. Substitution of one child for another 3. Concealing or abandoning any legitimate child

Penalties prescribed in Chapters 2, 3, 4 Teachers TSD maximum to PSD Other Person Special disqualificatio n from filling office of guardian PM and fine not exceeding P1,000 for the 3 acts

accomplices and accessories 10.Marriage between parties guilty of adultery or concubinage does not extinguish the criminal action 1. Under the RPC, there is no civil liability for acts of lasciviousness 2. Reasons for Indemnity in Adultery or Concubinage: acknowledgment of offspring is not legally possible, support is not included, because the person who give birth, if at all, is one of the offenders and not the offended party 3. Moral damages are recoverable by both offended party and her parents 4. Under the Family Code, since children are classified as legitimate or illegitimate, the man (adultery or concubinage) should now be sentenced to support offspring, in addition to indemnity Crimes Embraces in Chapters 2, 3 and 4: 1. Acts of Lasciviousness 2. Qualified Seduction 3. Simple Seduction 4. Acts of lasciviousness with the consent of the offended party 5. Corruption of minors 6. White slave trade 7. Forcible Abduction 8. Consented Abduction

1. Simulation must be that which alters the civil status of a person 2. The fact that child will be benefited by the simulation of its birth is not a

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with intent to cause such child to lose its civil status a. The child must be legitimate (and a fully developed and living being) b. The offender conceals or abandons such child c. The offender has the intent to cause such child to lose its civil status Purpose: to cause the loss of any trace as to filiation of the child Simulation of Birth takes place when the woman pretends to be pregnant when in fact she is not, and on the day of the supposed delivery, takes the child of another as her own Usurpation of Civil Status - when a person represents himself to be another and assumes filiation or parental or conjugal rights of such another person Qualifying Circumstance: purpose of defrauding offended party or heirs 349 Bigamy 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 CC 3. That he contracts a second or subsequent marriage 4. That the second or subsequent marriage has all the essential requisites for validity Differentiate Concubinage from Bigamy: 1. Bigamy is an offense against the civil status which may be prosecuted at the instance of the

Physician, etc TSD in addition to penalties prescribed

348 Usurpatio n of Civil Status

PC medium and maximum PM purpose of defrauding offended party PM

defense 3. Unlawful sale of child by its father is not a crime under this article 4. Concealing child must be for the purpose of causing it to lose its civil status 5. Abandonment of a Minor in Article 276 and 347 a. Both involve abandonment of child b. Article 276 offender must be one who has custody of the child; Article 347, offender is any person c. Article 276 has no real purpose; Article 347 purpose is to cause child to lose civil status 1. Usurpation of civil status may be punished here 2. Civil Status ones public station, or the rights, duties, capacities and incapacities which determine a person to a given class; includes ones profession 3. There must be intent to enjoy the rights arising form the civil station of another 1. The first marriage must be valid. 2. The nullity of the first marriage is not a defense in a bigamy charge. 3. A person may still be charged with bigamy if his Filipino spouse obtains a divorce abroad. 4. A person will not be guilty of bigamy if his foreign spouse (who was a foreigner at the time of marriage) obtains a valid divorce abroad 5. Divorce by a Moro is not recognized 6. Defense has the burden of proof of dissolution of first marriage 7. The second marriage must have all the

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State; Concubinage is a crime against chastity and may be prosecuted only at the instance of the offended party 2. Bigamy is characterized by the celebration of the 2nd marriage with the first still existing; Concubinage is characterized by mere cohabitation of the husband with a woman

350 Marriage Contracte d Against Provision of Law

1. That the offender contracted marriage 2. That he knew at the time that: a. the requirements of the law were not complied with; or b. the marriage was in disregard of a legal impediment

PC medium and maximum Maximum period when qualified

351 Prematur e Marriage s

Persons Liable: 1. A widow who married within 301 days from the date of the death of her husband, or before having delivered if she is pregnant at the time of his death 2. A woman, who, her marriage having been annulled or dissolved, married before her delivery or before the expiration of the period of 301 days after the date of legal separation

A Mayor and a fine not exceeding P500

essential requisites for validity 8. Validity of second marriage is a prejudicial question to liability for bigamy 9. The 2nd spouse and a witness who falsely vouched for the capacity of either of the contracting parties are accomplices for bigamy. 10.Bigamy is not a private crime. 11.A person convicted of bigamy can still be prosecuted for concubinage 1. Circumstances qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud. 2. The offender must not be guilty of bigamy 3. Requirements for a valid marriage (Articles 2 and 3 of the FC) 4. Legal impediment may refer to blood relationship or undissolved first marriage 5. Conviction under this article involves moral turpitude 1. Reason for the 301 period: ordinary duration of pregnancy is 9 months 2. Reason for requirement: prevent confusion in connection with filiation and paternity 3. Purpose of law: punish premature marriages 4. Period may be disregarded if the first husband was impotent or sterile 5. This period is only for woman who does not know yet that she is pregnant at the time she is a widow

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352 Performa nce of Illegal Marriage Ceremon y 353-355 Libel by Means of Writing or Similar Means

Persons Liable: - Priests or ministers of any religious denomination or sect, or civil authorities

Punished in accordance with the provisions of the Marriage Law

1. The offender must be authorized to solemnize the marriage 2. The offender is punished under the Marriage Law 3. Clergyman who does not know that one of the parties is a minor is not liable 1. Defamation is the proper term for libel 2. There is no distinction between libel, calumny, and insult. 3. Seditious libel is punished under Article 142 4. Reasons why it is punishable: enjoyment of a private reputation is as much a constitutional right as the possession of life, liberty or property 5. Meaning of the writer is immaterial; what is material is the meaning that the words convey in the minds of persons of reasonable understanding 6. Imputation of a criminal intention is not libelous 7. An expression of opinion by one affected by the act of another and based on actual fact is not libelous 8. Publication communication of defamatory matter to some 3rd person or persons 9. Sending a letter in a SEALED envelope thru a messenger, is not publication 10.There must be malice must be proven a. Malice in Fact may be shown by proof of ill-will, hatred, or purpose to injure b. Malice in Law presumed from a defamatory imputation; proof is not required, since it is presumed to exist

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 circumstance 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. Defamatory Imputation: - imputation may cover: 1. Crime allegedly committed by the offended party 2. Vice or defect, real or imaginary, of the offended party 3. Any act, omission, condition, status of, or circumstances relating to the offended party Libel public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead Imputation sufficient if it causes: 1. Dishonor (disgrace/shame/ignominy); 2. Discredit (loss of credit/reputation, disesteem); or 3. Contempt (state of being despised) of natural or juridical person; or

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4. Blacken memory of one who is dead

11.Malice offender is prompted by personal ill-will or spite and speaks not in response to duty but merely to injure the person defamed 12.Where communication is privileged, malice is not presumed from the defamatory words 13. Identification of the offended party is necessary in the 4th element 14.Defamatory remarks directed at a group of persons is not actionable unless the statements are all-embracing or sufficiently specific for the victim to be identifiable 15.Libel punished in different parts may be taken together to establish the identification of the offended party 16.Innuendo clause in the indictment or other pleading containing an averment which is explanatory of some preceding word or statement; defines defamatory meaning to show how they came to have that meaning and also how they relate to the plaintiff 17.Purpose of defamation: to injure reputation

354 Requirem ent for Publicity

Malice is Not Presumed in the Following: 1. A private communication made by any person to another in the performance of any legal, moral or social duty a. 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

1. Malice in law is presumed from every defamatory imputation 2. Two Kinds of Privileged Communication: a. Absolute it is not actionable, even if author has acted in bad faith b. Conditional or Qualified those which, although containing defamatory imputations, would not

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b. The communication is addressed to an officer or a board, or superior, having some interest or duty in the matter c. The statements in the communication are made in good faith without malice (in fact) 2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative, or other official proceedings which are not of confidential nature, or of any statement, report, or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions a. That it is a fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative, or other official proceedings which are not of confidential nature, or of any statement, report, or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions b. That it is made in good faith c. That it is without comments or remarks Criticism and Defamation Distinguished: a. Criticism does not follow public man into private life nor pry in domestic concerns b. Defamation follows public man into private life which has no connection with performance of public duties

be actionable unless made with malice or bad faith 3. Paragraph 1 a. Communication need not be in a private document b. Legal duty presupposes a provision of law conferring upon the accused the duty to communicate c. Applying to the wrong person due to honest mistake does not take the case out of the privilege d. Unnecessary publicity destroys good faith e. How to overcome the defense of privileged communication in Paragraph 1: show (1) that the defendant acted with malice in fact or (2) there is not reasonable ground for believing the charge to be true f. Probable cause for belief in truthfulness is sufficient 4. Paragraph 2 a. Fair and True narrating what had taken place b. A report with comments or remarks is NOT privileged c. Judicial proceedings require the pleadings, etc., parties, counsels, witnesses to be relevant or pertinent to issues in order to be privileged d. Only matters which are not confidential in nature may be published e. Matter of public interest is a common property 5. Person Libeled is justified to hit back with another libel, but retaliation or vindictiveness cannot be a basis of self-

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defense in defamation 355 Libel By Means of Writings or Similar Means 356 Threateni ng to Publish and Offer to Prevent Such Publicati on 357 Prohibitin g Publicati on of Acts Referred to in the Course of Official Proceedi ngs 358 Slander Libel May be Committed: - writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means Acts Punished: 1. By threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his family 2. By offering to prevent the publication of such libel for compensation, or money consideration PC minimum and medium or a fine ranging from P200-P6,000, or both A Mayor or affine from P200-P2,000, or both 1. Defamation thru TV program is libel 2. Defamation thru amplifier is not libel but oral defamation 3. Offender will be liable not only with penalty given, but also to any action which may be brought by offended party 1. This is known as blackmail any unlawful extortion of money by threats of accusations or exposure 2. Felonies where blackmail is possible: a. Light threats b. Threatening to publish, or offering to prevent the publication of, a libel for compensation 1. This article is known as the Gag Law 2. The prohibition applies even if the facts are involved in official proceeding 3. Sources of news reports may not be revealed 4. Exception to rule in #3: the court or House or committee of congress finds that such revelation is demanded by the security of the state

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

A Mayor or fine P200P2,000 or both

Slander oral defamation Two Kinds: 1. Simple Slander 2. Grave Slander

A Mayor 1. Factors that determine the gravity of maximum to Oral Defamation: PC minimum a. Expression used grave b. Personal relations between parties c. Surrounding circumstances of case A Menor or a 2. Slander need not be heard by offended

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359 Slander by Deed

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 Slander by Deed crime against honor which is committed by performing any act which casts dishonor, discredit, or contempt upon another person Kinds of Slander 1. Simple Slander by Deed 2. Grave Slander by Deed

fine not exceeding P200 A Mayor maximum to PC minimum or a fine ranging from P200-P1,000 grave slander by deed A Menor or a fine not exceeding P200 simple slander by deed

party: a mans reputation is the estimate in which others hold him 1. Slander by deed refers to performance or acts; while libel or slander refer to words written or uttered 2. Slapping the face of another is slander by deed if the intention of the accused is to cause shame and humiliation 3. There is no fixed standard in determining whether slander is serious or not, therefore, courts have sufficient discretion to determine the same 4. Slander by Deed Distinguished from Acts of L if with lewd designs, it is Acts of L; if no lewd designs and for purpose of dishonor, Slander by Deed 5. Unjust Vexation, Slander by Deed and Acts of Lasciviousness distinguished: a. All three: irritation or annoyance b. Without any concurring factor unjust vexation c. If attendance of publicity and dishonor or contempt slander by deed d. If presence of circumstances in Article 335 act of lasciviousness 1. Venue of Criminal and Civil Actions for Damages in case of Defamation: a. Where the libelous article is printed and first published; or b. Where any of the offended parties actually resides at the time of the commission of the offense 2. Civil and criminal actions must be filed with the same court 3. The court where the criminal action or civil action for damages is first filed

360 Persons Responsi ble

1. Person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means 2. The author or editor of a book or pamphlet 3. The editor or business manager of a daily newspaper magazine or serial publication 4. The owner of the printing plant which publishes a libelous article with his consent and all other person who in any way participate in or have connection with its publication

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Venue when one is a public officer 1. With office in Manila CFI of Manila or city; or province where the libelous article is printed and first published 2. Does not hold office in Manila CFI of province or city where he held office at time of commission of offense; or where printed and first published

4. 5.

6. 361 Proof of Truth Proof of Truth is Admissible in any of the Following: 1. When the act or omission imputed constitutes a CRIME regardless of whether the offended party is a private individual or a public officer 2. When 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 of Defense of Defamation: 1. If it appears that the matter charged as libelous is true proof of truth in defamation is limited to: a. Act or omission constituting a crime b. Act or omission of a public officer which, although not constituting a crime, is related to the discharge of his duties 2. It was published with good motives court shall determine this by taking into consideration intention and other circumstances of each particular case 3. And for justifiable ends Libelous Remarks or comments connected with the matter privileged under the provisions of Article 354, if made with malice, shall NOT exempt the author 1.

2.

3. 4. 5.

shall acquire jurisdiction to the exclusion of other courts Complaint in an action for defamation imputing a private offense must be expressly filed by offended party Libel imputing a vice or defect, not being an imputation of a crime, is always prosecuted upon information signed and filed by Fiscal No remedy for damages for slander or libel in case of absolutely privileged communication When imputation involves the private life of a government employee not related to the discharge of his official duties, the offender cannot prove the truth thereof Proof of Truth cannot be made to rest upon mere hearsay, rumors or suspicion, but must rest upon positive, direct evidence upon which a definite finding may be made by the Court Probable cause is sufficient Retraction may mitigate damages That the publication of the article was an honest mistake is not a complete defense but serves only to mitigate damages where the article is libelous per se

362 Libelous Remarks

1. If remarks or comments are made upon a matter privileged, and malice in a fact is proved, the author and the editor are

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thereof nor the editor or managing editor of a newspaper from criminal liability.

363 Incrimina ting Innocent Person

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.

A Mayor

364 Intriguin g Against Honor

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

A Menor or fine not exceeding P200

liable 2. Reporter, in publishing what passes in a court of justice, must publish the whole case, and not merely state the conclusion which he himself draws from the evidence 1. This article is limited to planting evidence and the like, which tend to directly cause false prosecution. 2. False accusation is defamation or perjury and not Incriminating an Innocent Person 3. Incriminating Distinguished from Perjury by False Making Accusation: a. Incriminating is committed by performing an act by which offender DIRECTLY incriminates or imputes to an innocent person the commission of a crime; in perjury, the gravamen of the offense is the imputation itself, falsely made, before an officer b. Incriminating is limited to the act of planting evidence, etc.; perjury is giving of false statement under oath or the making of a false affidavit, imputing to a person the commission of a crime 4. There is a complex crime of incriminating an innocent person thru unlawful arrest 1. Intriguing against honor is any scheme or plot by means which consist of some trickery 2. Incriminating an Innocent Person Distinguished from Intriguing in the former, the offender performs an act by which he directly incriminates or imputes to an innocent person the

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commission of a crime; in the latter, the offender resorts to intrigue for the purpose of blemishing the honor or reputation of another person 3. Intriguing distinguished from Defamation intriguing consists of some trickery and secret plot 4. Gossiping is not intriguing against honor 5. Intriguing distinguished from Slander where the source or the author of the derogatory information cannot be determined and the defendant borrows the same and, without subscribing to the truth thereof, passes it to others, it is intriguing to honor; where it comes from a definite source, the crime is slander

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