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A. Definitions/Distinctions 1.

High Seas Waters which are beyond the boundaries of the law-water mark, although such waters may be in the jurisdictional limits of a foreign governments Parts of the sea that are not included in the exclusive economic zone, in the territorial seas, or in the internal waters of the state, or in the archipelagic waters of the archipelagic state 2. Philippine waters shall refer to all bodies of water such as but not limited to seas, gulfs, bays, around, between and connecting each of the islands of the Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all waters belonging to the Philippines by historic, or legal title, including territorial sea, the sea bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty and jurisdiction 3. Philippine Highways Shall refer to any road, street, passage, highways and bridges or other parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or locomotion or trains for movement or circulation of persons or transportation of goods, articles, or property or both. 4. When is a plane considered in flight From the moment all exterior doors are closed following embarkation until the same doors are opened for disembarkation 5. Coup detat It is a swift attack, accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications networks, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office or employment, with or without civilian support or participation, for the purpose of seizing or diminishing state power. 6. Rebellion The crime of rebellion or insurrection is committed by rising and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Republic of the Philippines or any part thereof, of any body of land, naval or other armed forces, or depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives 7. Sedition It is a crime of dissent or protest by means outside of legal methods. The offender rises publicly and tumultuously in orders to attain their purpose by force, intimidation, or by other means outside of legal methods. It is done in excess of the legal means authorized under the freedoms of expression and assembly clauses of the Constitution 8. Forgery, Forging, Falsification To forge an instrument is to make false instrument intended to be passed for the genuine one Forging is committed by giving to a treasury bank notes or any instrument payable to bearer or to order the appearance of a true and genuine document Falsification is committed by erasing, substituting, counterfeiting, or altering by any means, the figure, letters, words, or signs contained therein 9. Public Officer To be a public officer one must be i. 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 officials, of any rank, class; and ii. That his authority to take part in the performance of public functions or to public duties must be 1. By direct provisions of law, or 2. By popular election, or

3. By appointment by competent authority 10.Bribery It is a crime of the public officer who receives gift, present, offer or promise by reason or in connection with the performance of his official duties. It is the crime of the receiver. The crime of the giver is corruption of public officer. Bribery requires concurrence of the will of the corruptor and the public officer otherwise the crime cannot be consummated. 11.Ill Gotten Wealth Means any asset, property, business enterprise or material possession of any person acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes i. Through misappropriations, conversion, misuse, or malversation of public funds or raids on the public treasury; ii. By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any/ or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned; iii. By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or government-owned or -controlled corporations and their subsidiaries; iv. By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including promise of future employment in any business enterprise or undertaking; v. By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or vi. By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines. (Sec. 1 (d) RA 7080) 12.Mendicant or Mendicancy Mendicant is one who has no visible means and legal means of support, or lawful employment and who is physically able to work but neglects to apply himself to some lawful calling and instead uses begging as means of living 13.Prostitution/Prostitute Prostitutes are women who, for money or profit habitually indulge in sexual intercourse or lascivious conduct 14.Gross Negligence Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. (Sec 3 (e), RA 3019) 15.Ways of Proving Treason Testimony of 2 witnesses, at least, to the same overt act (two-witness rule); or Confession of guilt in open court 16.Distinction Between Highway Robbery and Robbery on a Highway PD 532 BRIGANDAGE (ART. 306, RPC) Mere conspiracy to constitute the Mere formation of a band for any offense of brigandage is not punishable purpose indicated in the law is (presupposes that acts defined are punishable actually committed) Offender need not constitute a band Offenders must be a band opf robbers BRIGANDAGE Purpose: Commit robbery in highway; or to kidnap person for ransom; or any ROBBERY IN BAND Purpose: To commit robbery, not necessarily in the highway

other purpose attained by force and violence Agreement is to commit several robberies Mere formation is punishable

Agreement is to commit a particular robbery Actual commission of robbery is necessary

17.Distinction Between Rebellion and Coup dtat REBELLION COUP DTAT The essence of the crime is rising The essence of the crime is a swift publicly and taking up arms against the attack against the government, its government military camps or installations, communication network and public facilities and utilities essential to the continued exercise of governmental powers It involves a multitude of people It may be committed singly or collectively It does not require the principal Requires as a principal offender a participants be member of the AFP, member of the AFP, PNP, or public PNP, or any public officers officers, with or without civilian support Criminal objective is to overthrow the Criminal objective is to destabilize or government and the offender to immobilize or paralyze the existing establish their own government by taking over such facilities and utilities essential to the continued exercise of governmental powers This is always committed through force May be committed not only through and violence force or violence but also by threat, intimidation, strategy, or stealth 18.Distinction Between Direct Assault and Resistance DIRECT ASSAULT RESISTANCE The person in authority or his agent The person in authority or his agent must be engaged in the performance of must be in actual performance of his official duties or that he is assaulted by duties reason thereof DA (2nd form) is committed in four ways: It is committed only by resisting or (a) by attacking; (b) by employing force; seriously disobeying a person in (c) by seriously intimidating; and (d) by authority or his agent seriously resisting a person in authority or his agent There is forced employed There is force employed but not sp serious, as there is no manifest intention to defy the law and the officers enforcing it. 19.Distinction Between Violation of Domicile and Trespass to Dwelling VD is committed by a public officer while TD is committed by private individual Distinction Between Espionage and Treason ESPIONAGE TREASON It is not conditioned by citizenship It is not conditioned by citizenship May be committed both in time of peace Committed only in time of war and in time of war May be committed in many ways Limited only in two ways: levying war, and adhering to the enemy giving him aid and comfort 20. Distinction Between Public Officer, Person in Authority and Agent of a Person in Authority PUBLIC OFFICER, PERSON IN AGENT OF A

AUTHORITY To be a public officer one must be: 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 officials, of any rank, class; and 2. That his authority to take part in the performance of public functions or to public duties must be: (1)By direct provisions of law; or (2) By popular election; or (3) By appointment by competent authority Any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission. By directly vested with jurisdiction is meant the power or authority to govern and execute the laws

PERSON IN AUTHORITY One who, by direct provision of the law or by election or by appointment by component authority, is charged with the maintenance of public order and the protection and the security of life and property.

21.Distinction Between Falsification of Public Document and Falsification of Private Document Falsification of public, official or commercial document by private individual i. Elements 1. The offender is a private individual or public officer or employee who did not take advantage of his official position 2. That he committed any of the acts of falsification enumerated in Art. 171 3. That the falsification was committed in a public or official or commercial document ii. Public document is a document created, executed or issued by a public official in response to the exigencies of the public service, or in the execution of which a public official intervened Falsification of private document by any person i. Elements 1. That the offender committed any of the acts of falsification except those in par. 7, enumerated in Art. 171 2. That the falsification was committed in a private document 3. That the falsification caused damage to a third party or at least the falsification was committed with the intent to cause damage Falsification as a means to commit estafa FALSIFICATION OF PUBLIC, OFFICIAL OR COMMERCIAL DOCUMENT When committed as a necessary means to commit estafa, complex crime is committed FALSIFICATION OF PRIVATE DOCUMENT Even when committed as a necessary means to commit estafa, the crime is either estafa or falsification only, because in this type of falsification, an act independent of falsification is required to show intent to defraud.

B. Special Laws. Review definition of important terms and punishable acts. Be sure to determine the answer to the sub-questions. 1. Commonwealth Act 616 ( An Act to Punish Espionage and other Offence against the National Security) Espionage is the offense of 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 Republic of the Philippines or to the advantage of the foreign nation Acts Punishable Unlawfully obtaining or permitting to be obtained information affecting national defense Unlawful disclosing information affecting national defense

Disloyal acts or works in time of peace. Disloyal acts or words in time of war. Conspiracy to violate preceding sections Harboring or concealing violators of the law Photographing, etc., defensive installations Photographing, etc., from aircraft Reproducing, publishing, selling, etc., uncensored copies Destroying or injuring or attempting to injure or destroy war material in time of war Making or causing war material to be made in defective manner Injuring or destroying national defense material, premises, or utilities Making or causing to be made in a defective manner, or attempting to make or cause to be made in a defective manner, national defense material 2. PD 532 (Anti Piracy and Anti-Highway Robbery Law of 1974) Philippine Waters. It shall refer to all bodies of water, such as but not limited to, seas, gulfs, bays around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction. Vessel. Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine Waters. It shall include all kinds and types of vessels or boats used in fishing. Philippine Highway. It shall refer to any road, street, passage, highway and bridges or other parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or locomotives or trains for the movement or circulation of persons or transportation of goods, articles, or property or both. Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value thereof, by means of violence against or intimidation of persons or force upon things, committed by any person, including a passenger or member of the complement of said vessel, in Philippine waters, shall be considered as piracy. The offenders shall be considered as pirates and punished as hereinafter provided. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of person or force upon things of other unlawful means, committed by any person on any Philippine Highway. People vs Puno Facts: January 13, 1988 in QC, at around 5:00 pm: the accused Isabelo Puno, who is the personal driver of Mrs. Sarmiento's husband (who was then away in Davao purportedly on account of local election there) arrived at Mrs. Sarmiento's bakeshop in Araneta Ave, QC. He told Mrs. Sarmiento that her own driver Fred had to go to Pampanga on an emergency so Isabelo will temporarily take his place When it was time for Mrs. Sarmiento to go home to Valle Verde in Pasig, she got into her husband's Mercedes Benz with Isabelo driving After the car turned right on a corner of Araneta Ave, it stopped and a young man, accused Enrique Amurao, boarded the car beside the driver Enrique pointed a gun at Mrs. Sarmiento as Isabelo told her that he needs to "get money" from her Mrs. Sarmiento had P7,000 on her bag which she handed to the accused But the accused said that they wanted P100,000 more The car sped off north towards the North superhighway where Isabelo asked Mrs. Sarmiento to issue a check for P100,000 Mrs. Sarmiento drafted 3 checks: two P30,000 checks and one P40,000 check

Isabelo then turned the car around towards Metro Manila; later, he changed his mind and turned the car again towards Pampanga According to her, Mrs. Sarmiento jumped out of the car then, crossed to the other side of the superhighway and was able to flag down a fish vendor's van, her dress had blood because according to her, she fell down on the ground and was injured when she jumped out of the car The defense does not dispute the above narrative of the complainant except that according to Isabelo, he stopped the car at North Diversion and freely allowed Mrs. Sarmiento to step out of the car o He said he even slowed the car down as he drove away, until he saw that his employer had gotten a ride o He claimed that she fell down when she stubbed her toe while running across the highway Issue: Whether or not the said robbery can be classified as "highway robbery" under PD No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974) Ratio: Jurisprudence reveals that during the early part of the American occupation of our country, roving bands were organized for robbery and pillage and since the then existing law against robbery was inadequate to cope with such moving bands of outlaws, the Brigandage Law was passed (this is the origin of the law on highway robbery) o PD No. 532 punishes as highway robbery only acts of robbery perpetrated by outlaws indiscriminately against any person or persons on Philippine highways and not acts of robbery committed against only a predetermined or particular victim o The mere fact that the robbery was committed inside a car which was casually operating on a highway does not make PD No 532 applicable to the case o This is not justified by the accused's intention Accused-appellants convicted of robbery (indeterminate sentence of 4 years and 2 months or prision correccional, as minimum, to 10 years of prision mayor. Accused to pay Mrs. Sarmiento P7,000 as actual damages and P20,000 as moral damages.)

3. Republic Act No. 6235, The Anti-Hijacking Law In the Course of the Hi-Jack, passenger or complement was shot and killed. What crime or crimes were committed? Section 2. Any person violating any provision of the foregoing section shall be punished by an imprisonment of not less than twelve years but not more than twenty years, or by a fine of not less than twenty thousand pesos but not more than forty thousand pesos. The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thousand pesos but not more than fifty thousand pesos shall be imposed upon any person committing such violation under any of the following circumstances: 1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft; 2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the aircraft; or 3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape. The Hi-jackers threatened to detonate a bomb in the course of the hi-jack What crimes were committed? 4. Human Security Act of 2007 (RA 9372) Include who are liable SEC. 3. Terrorism. Any person who commits an act punishable under any of the following provisions of the Revised Penal Code: 1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters); 2. Article 134 (Rebellion or Insurrection); 3. Article 134-a (Coup dEtat), including acts committed by private persons; 4. Article 248 (Murder); 5. Article 267 (Kidnapping and Serious Illegal Detention); 6. Article 324 (Crimes Involving Destruction, or under 1. Presidential Decree No. 1613 (The Law on Arson); 2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear

Waste Control Act of 1990); 3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968); 4. Republic Act No. 6235 (Anti-Hijacking Law); 5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and, 6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives) thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended. 5. Memorize the acts considered as obstruction in the apprehension and prosecution of offenders punished under PD. No. 1829 Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts: (a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats; (b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases; (c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction; (d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes; (e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts; (f) making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases; (g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or impeding the prosecution of a criminal offender; (h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases; (i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court.

6. Republic Act No. 6968 (An Act Punishing the Crime of Coup detat) Can there be a complex crime of coup deetat with sedition? Memorize elements of rebellion and sedition. Elements of Rebellion 1. That there be: a. Public uprising; and b. Taking up of arms against government 2. For the purpose of a. Removing from the allegiance to said governments or its laws i. The territory of the Philippines or any part thereof ii. Any body of land, naval or other armed forces; or b. Depriving the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives Elements of Sedition 1. That the offenders rise publicly and tumultuously 2. That they employ force, intimidation, or other means outside of legal methods; 3. That the offenders employ any of those means to attain any of the following object a. To prevent the promulgation or execution of any law or the holding of any popular election b. To prevent the government or any public officer 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 e. To despoil, for any political or social end, any person or the government of all its property or any part thereof People vs Dasig, 221 SCRA 549 Facts:Appellants Rodrigo Dasig, Edwin Nuez and 6 others were charged together of shooting Redempto Manatad, a police officer, as he died while performing duties. Upon arraignment, appellant and Edwin Nues entered a plea of "not guilty." However, after the prosecution had presented its first witness, accused Nues changed his plea of "not guilty" to "guilty." Hence, the lower court held in abeyance the promulgation of a judgment against said accused until the prosecution had finished presenting its evidence. While trial was still ongoing, Nuez died on March 10, 1989, thereby extinguishing his criminal liability. At about 4:00 o'clock in the afternoon, Pfc. Catamora noticed eight (8) persons, one of whom he identified as Edwin Nuez, acting suspiciously. He noticed one of them giving instructions to two of the men to approach Pfc. Manatad. On August 16, 1987, two teams of police officers were tasked to conduct surveillance on a suspected safehouse of members of the sparrow unit located in Peace Valley, Cebu City. Upon reaching the place, the group saw Rodrigo Dasig and Edwin Nues trying to escape. The team of Capt. Antonio Gorre captured Nues and confiscated a .45 caliber revolver with 3 magazines and ammunitions, while the group of Sgt. Ronald Arnejo pursued Dasig, who threw a grenade at his pursuers, but was shot on his left upper arm and subsequently apprehended while a .38 caliber revolver with 17 live ammunitions were confiscated from him. Thereafter, Dasig was brought to the hospital for treatment, while Nues was turned over to the Metrodiscom for investigation. Dasig confessed that he and the group of Edwin Nues killed Pfc. Manatad. He likewise admitted that he and Nues were members of the sparrow unit and the their aliases were "Armand" and "Mabi," respectively. The extra-judicial confession of appellant was signed by him on every page thereof with the first page containing a certification likewise signed by him. However, Dasig contends that the procedure by which his extra-judicial confession was taken was legally defective, and contrary to his Constitutional rights. He further contends that assuming he conspired in the

killing of Pfc. Manatad, he should be convicted at most of simple rebellion and not murder with direct assault. Appellant also claims that the custodial interrogation was done while he was still very sick and consequently, he could not have fully appreciated the wisdom of admitting such a serious offense. Issue:Whether or not the accused-appellant is liable for extra-judicial killing of the deceased and participated in the act of rebellion? Held:Yes. Accused Rogelio Dasig is found guilty of participating in an act of rebellion beyond reasonable doubt and is hereby sentenced to suffer the penalty of imprisonment of eight (8) years of prision mayor, and to pay the heirs of Pfc. Redempto Manatad, P50,000.00 as civil indemnity. As to the proper imposable penalty, the Indeterminate Sentence Law is not applicable to persons convicted of rebellion (Sec. 2, R.A. 4203), contrary to the insinuation of the Solicitor General. Article 135 of the Revised Penal Code imposes the penalty of prision mayor and a fine not exceeding P20,000.00 to any person who promotes, maintains, or heads a rebellion. However, in the case at bar, there is no evidence to prove that appellant Dasig headed the crime committed. As a matter of fact he was not specifically pinpointed by Pfc. Catamora as the person giving instructions to the group which attacked Pfc. Manatad. Appellant merely participated in committing the act, or just executed the command of an unknown leader. Hence, he should be made to suffer the penalty of imprisonment of eight (8) years of prision mayor. For the resulting death, appellant is likewise ordered to pay the heirs of Pfc. Manatad FIFTY THOUSAND PESOS (P50,000.00) as civil indemnity. 7. PD. 1866, as amended by RA 8294 as an element of the crimes of rebellion, insurrection, sedition or attempted coup detat Master the rule when there is a use of an unlicensed firearms in the killing of the victim. Can the trial court convict the accused of two crimes: murder and illegal possession of firearms The penalty of prision mayor in its maximum period to reclusion temporal and a fine of not less than Fifty thousand pesos (P50,000) shall be imposed upon any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand grenade(s), rifle grenade(s), and other explosives, including but not limited to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to any person. "When a person commits any of the crimes defined in the Revised Penal Code or special laws with the use of the aforementioned explosives, detonation agents or incendiary devices, which results in the death of any person or persons, the use of such explosives, detonation agents or incendiary devices shall be considered as an aggravating circumstance. "If the violation of this Sec. is in furtherance of, or incident to, or in connection with the crime of rebellion, insurrection, sedition or attempted coup d'etat, such violation shall be absorbed as an element of the crimes of rebellion, insurrection, sedition or attempted coup d'etat. If the commission of direct assault with multiple attempted homicide the accused used an unlicensed firearms, can the accused be convicted separately of the offenses of (a) illegal possession of firearms under PD 1866 as amended by RA 8294, and (b) direct assault with attempted homicide? People vs Ladjaalam, Gr Nos 136149-51. September 19, 2000 The accused was convicted of the crime of direct assault with multiple attempted homicide for firing an M14 rifle to police men who were about to enter his house to serve a search warrant. Further, he was also convicted for illegal possession of firearm. HELD:RA no. 8294 penalizes simple illegal possession of firearms, provided that the person arrested committed no other crime. Furthermore, if the person is held liable for murder or homicide, illegal possession of firearms is an aggravating circumstance, but not

a separate offense. Hence, where an accused was convicted of direct assault with multiple attempted homicide for firing an unlicensed M14 rifle at several policemen who were about to serve a search warrant, he cannot be held guilty of the separate offense of illegal possession of firearms. Neither can such unlawful act be considered to have aggravated the direct assault. People vs Yang, Gr No. 148077, February 16, 2004 8. RA 8293, The Intellectual Property Code The term "intellectual property rights" consists of: a) Copyright and Related Rights; b) Trademarks and Service Marks; c) Geographic Indications; d) Industrial Designs; e) Patents; f) Layout-Designs (Topographies) of Integrated Circuits; and g) Protection of Undisclosed Information (n, TRIPS). Section 21. Patentable Inventions. - Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be Patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing. (Sec. 7, R.A. No. 165a) Section 22. Non-Patentable Inventions. - The following shall be excluded from patent protection: 22.1. Discoveries, scientific theories and mathematical methods; 22.2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers; 22.3. Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods; 22.4. Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes. Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui generis protection of plant varieties and animal breeds and a system of community intellectual rights protection: 22.5. Aesthetic creations; and 22.6. Anything which is contrary to public order or morality. Section 28. Right to a Patent. - The right to a patent belongs to the inventor, his heirs, or assigns. When two (2) or more persons have jointly made an invention, the right to a patent shall belong to them jointly. 9. RA 9160 as amended by RA 9194, AMLA Money Laundering is a crime whereby the proceeds of an unlawful activity as defined in the AMLA are transacted or attempted to be transacted to make them appear to have originated from legitimate sources. 10.Republic Act No. 9165, known as Comprehensive Dangerous Drugs Act of 2002 approved on January 23, 2002 Whether a plea to the lesser offense is allowed Section 23. Plea-Bargaining Provision. Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining. Punishable Acts (Prohibited drugs) 10 grams or more of opium; 10 grams or more of morphine; 10 grams or more of heroin; 10 grams or more of cocaine or cocaine hydrochloride; 50 grams or more of methamphetamine hydrochloride or "shabu"; 10 grams or more of marijuana resin or marijuana resin oil;

500 grams or more of marijuana; and Punishable Acts (Regulated Drugs) Who are liable Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Maintenance of a Den, Dive or Resort. Employees and Visitors of a Den, Dive or Resort Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals Possession of Dangerous Drugs. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings Use of Dangerous Drugs Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals Unnecessary Prescription of Dangerous Drugs Attempted or conspiracy, effect on liability Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act: 1. Importation of any dangerous drug and/or controlled precursor and essential chemical; 2. Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical; 3. Maintenance of a den, dive or resort where any dangerous drug is used in any form; 4. Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and 5. Cultivation or culture of plants which are sources of dangerous drugs. Immunity from prosecution and punishment Section 33. Immunity from Prosecution and Punishment. Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against such persons as described above, shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given, and may plead or prove

the giving of such information and testimony in bar of such prosecution: Provided, That the following conditions concur: 1. (1) The information and testimony are necessary for the conviction of the persons described above; 2. (2) Such information and testimony are not yet in the possession of the State; 3. (3) Such information and testimony can be corroborated on its material points; 4. (4) the informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness; and 5. (5) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. Who is a (1) financier and (2) protector/coddler under RA No 9165 Financier. Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under this Act Protector/Coddler. Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows, or has reasonable grounds to believe on or suspects, has violated the provisions of this Act in order to prevent the arrest, prosecution and conviction of the violator. 11.Republic Act No 9208, May 26, 2003 (An Act to Institute Policies to Eliminate Trafficking in Persons Especially women and Children Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs. The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as "trafficking in persons" even if it does not involve any of the means set forth in the preceding paragraph. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following acts: To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage; To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;

To maintain or hire a person to engage in prostitution or pornography; To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons, shall be unlawful: (a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons; (b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons; (c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons; (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons; (e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons; (f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and (g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery. Qualified Trafficking in Persons. - The following are considered as qualified trafficking: (a) When the trafficked person is a child; (b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group; (d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee; (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; (f) When the offender is a member of the military or law enforcement agencies; and

(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS). 12.Anti Graft and Corrupt Practices Act (RA 3019) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a person other than a member of the public officer's immediate family, in behalf of himself or of any member of his family or relative within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is under the circumstances manifestly excessive. Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: (a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense. (b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law. (c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act. (d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. (e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. (f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. (g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. (h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest. (i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group.

Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong. (j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. (k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date. C. Enumeration/Essay 1. Conspiracy to commit Rebellion/Conspiracy to Commit Treason Art. 136. Conspiracy and proposal to commit coup D'TAT, rebellion or insurrection. The conspiracy and proposal to commit coup D'TAT shall be punished by prision mayor in its minimum period and a fine which shall not exceed eight thousand pesos (P8,000.00). "The conspiracy and proposal to commit rebellion or insurrection shall be punished, respectively, by prision correccional in its maximum period and a fine which shall not exceed five thousand pesos (P5,000.00), and by prision correccional in its medium period and a fine not exceeding two thousand pesos (P2,000.00)." US vs Vergara, 3 Phil 432 o In U.S. v. Vergara, infra, the defendants organized a secret society commonly known as the "Katipunan", the purpose of which was to overthrow the government by force. Each of the defendants on various times solicited funds from the people of Mexico, Pampanga. The Court held that the defendants were guilty of conspiracy and proposal to commit rebellion or insurrection and not of rebellion or insurrection itself. Thus, the Court ruled that: From the evidence adduced in this case we are of the opinion that the said defendants are guilty, not of inciting, setting or foot, or assisting or engaging in rebellion, but rather of the crime of conspiring to overthrow, put down, and destroy by force the Government of the United States in the Philippine Islands, and therefore we find that said defendants, and each of them, did, together with others, in the months of February and March, 1903, in the Province of Pampanga, Philippine Islands, conspire to overthrow, put down, and to destroy by force the Government of the United States in the Philippine Islands.

People vs Atienza, 56 Phil 353 o Atienza set fire on a house as a revenge upon the people of Masocol who, he said, had instigated the charge of adultery against them. The fire destroyed about forty-eight houses. Atienza charged with Arson as principal, while Silvestre as accomplice. o RULING: mere passive presence at the scene of another's crime, mere silence and failure to give the alarm, without evidence of agreement or conspiracy, do not constitute the cooperation or complicity in the commission of the crime. Silvestre acquitted 2. Memorize elements of Qualified Piracy under PD 532. o The penalty of reclusion temporal to death shall be imposed upon those who commit any of the crimes referred to in the preceding article, under any of the following circumstances: 1. Whenever they have seized a vessel by boarding or firing upon the same; 2. Whenever the pirates have abandoned their victims without means of saving themselves; or 3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape. People vs Tulin, Gr. No. 1111709, August 30, 2001

In People v Tulin, the pirates boarded a ship within the Philippines and brought the ship to Singapore waters. Justice Callejo, who was still a young and dashing RTC judge, said the attack was committed here in our waters, hence the court had jurisdiction. The SC affirmed him and added that either way, piracy is an exception to the territoriality in criminal law. 3. Memorize statements inciting to Sedition a. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc. Elements i. Offender does not take direct part in the crime of sedition; ii. He incites others to the accomplishment of any of the acts which constitute sedition; and iii. Inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending towards the same end. b. Uttering seditious words or speeches which tend to disturb the public peace c. Writing, publishing, or circulating scurrilous libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace. (b) and (c) When Punishable: - when they tend to disturb or obstruct any public officer in executing the functions of his office; or - when they tend to instigate others to cabal and meet together for unlawful purposes; or - when they suggest or incite rebellious conspiracies or riots; or - when 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 govt. 4. Ways of committing arbitrary detention a. Detaining a person without legal grounds (Arbitrary Detention Proper Art124); Elements: i. Offender is a public officer or employee whose official duties include the authority to make arrest and detain persons; ii. He detains a person; iii.The detention is without legal grounds. b. Having arrested the offended party for legal grounds but without warrant of arrest, and the public officer does not deliver (or delays in the delivery) the arrested person to the proper judicial authority within the period of 12, 18, or 36 hours, as the case may be; or c. Delaying release by competent authority with the same period mentioned in number 2. 5. The legal grounds for detention a. Commission of crime b. Violent insanity c. Ailment which requires compulsory confinement in a hospital 6. Memorize elements of the crime of perjury a. The accused made a statement under oath or made an affidavit upon a material matter; b. the statement or affidavit was made before a competent officer, authorized to receive and administer oath; c. he made a willful and deliberate assertion of a falsehood in the statement or affidavit; and d. the sworn statement or affidavit containing the falsity is required by law. NOTE: - Solemn affirmation refers to NON-judicial proceedings and affidavits. 7. May arbitrary detention be committed if the offended party is not kept within an enclosure to restrict him of his freedom of locomotion Yes, because detention is defined as the actual confinement of a person in an enclosure or in any manner detaining and depriving him of his liberty. A person is detained when he is in confinement or there is restraint on his person Astorga vs People, Gr. Nos 154130, October 1, 2003 FACTS: On the 1st day of September, 1997, and for sometime subsequent thereto, at the Municipality of Daram, Province of Samar, petitioner, a public officer, being the Municipal Mayor of Daram,Samar unlawfully and feloniously detained Elpidio Simon, Moises dela Cruz, Wenifredo Maniscan, o

Renato Militante and Crisanto Pelias, DENR Employees, at the Municipality of Daram, by not allowing them to leave the place, without any legal and valid grounds thereby restraining and depriving them of their personal liberty for nine (9)hours, but without exceeding three (3) days. ISSUE: Whether or not Astorga committed arbitrary detention even if such does not involve physical restraint? HELD: The prevailing jurisprudence on kidnapping and illegal detention is that the curtailment of the victim's liberty need not involve any physical restraint upon the victim's person. If the acts and actuations of the accused can produce such fear in the mind of the victim sufficient to paralyze the latter, to the extent that the victim is compelled to limit his own actions and movements in accordance with the wishes of the accused, then the victim is, for all intents and purposes, detained against his will. In the case at bar, the restraint resulting from fear is evident. Inspite of their pleas, the witnesses and the complainants were not allowed by petitioner to go home 8. Memorize RPC, Article 123. Include Elements ART 123 - QUALIFIED PIRACY PENALTY: reclusion temporal to death to those who commit any of the crimes referred to in the preceding article, under any of the ff circumstances: a. Whenever they have seized a vessel by boarding or firing upon the same; b. Whenever the pirates have abandoned their victims without means of saving themselves; or Whenever the crime is accompanied by murder, homicide, physical injuries or rape 9. Memorize RPC, Article 148. Include Elements Art 148 - DIRECT ASSAULTS Acts Punishable: a. 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. Elements i. Offender employs force or intimidation; ii. The aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crime of sedition; iii. There is no public uprising. b. Without public uprising, by attacking, by 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 occasion of such performance. Elements i. Offender makes an attack, employs force, makes a serious intimidation, or makes a serious resistance; ii. The person assaulted is a person in authority or his agent; iii. 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; iv. Offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties. v. There is no public uprising 10. Memorize RPC, Article 156. Include Elements ART 156 DELIVERING PRISONERS FROM JAIL Elements a. There is a person confined in a jail or penal establishment; b. Offender removes therefrom such person, or helps the escape of such person. Committed in 2 Ways: a. By removing a prisoner confined in jail or penal institution to take away a person from confinement with or withput the active participation of the person released. b. By helping said person to escape furnish material means to facilitate escape. Qualifying Circumstance:

Penalty of arresto mayor in its maximum period to prision correccional in its minimum period is imposed if violence, intimidation or bribery is used. Mitigating Circumstance: Penalty decreased to the minimum period if the escape of the prisoner shall take place outside of said establishments by taking the guards by surprise. 11. Memorize RPC, Article 157 on evasion of service of sentence Include elements ART 157 - EVASION OF SERVICE OF SENTENCE Elements a. Offender is a convict by final judgment; b. He is serving sentence which consists in the deprivation of liberty; c. He evades service of his sentence by escaping during the term of his sentence. Qualifying Circumstances If such evasion or escape takes place a. By means of unlawful entry (this should be by scaling - Reyes); b. By breaking doors, windows, gates, walls, roofs or floors; c. By using picklock, false keys, disguise, deceit, violence or intimidation; or d. Through connivance with other convicts or employees of the penal institution. 12. Memorize RPC, Article 168. Include elements ART 168 - ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT Elements a. Any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person; b. Offender knows that any of those instruments is forged or falsified; c. He either uses any of such forged or falsified instruments; or possesses with intent to use any of such forged or falsified instruments. 13. Memorize RPC, Article 172. Include Elements ARTICLE 172. FALSIFICATION BY PRIVATE INDIVIDUAL AND USE OF FALSIFIED DOCUMENTS Acts punishable a. Falsification of public, official or commercial document by a private individual; Elements i. Offender is a private individual or public officer or employee who did not take advantage of his official position; ii. He committed any act of falsification enumerated in Art 171; iii. The falsification was committed in a public, official, or commercial document or letter of exchange. RULES: - Lack of malice or criminal intent may be put up as a defense under this article - The possessor of falsified document is presumed to be the author of the falsification b. Falsification of private document by any person; Elements i. Offender committed any of the acts of falsification except Article 171(7), that is, issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original, ii. Falsification was committed in any private document; iii. Falsification causes damage to a third party or at least the falsification was committed with intent to cause such damage. RULES: - A document falsified as a necessary means to commit another crime (comlex crime) must be public, official or commercial. Hence, there is no complex

crime of estafa through falsification of private document because the immediate effect of the latter is the same as that of estafa. - If the estafa was already consummated at the time the falsification of a private document was committed for the purpose of concealing estafa, the falsification is not punishable. As regards the falsification of the private document, there was no damage or intent to cause damage Use of falsified document (including Introduction thereof in any judicial proceeding) Elements In introducing in a judicial proceeding i. Offender knew that the document was falsified by another person; ii. The false document is in Articles 171 or 172 (1 or 2); iii. He introduced said document in evidence in any judicial proceeding. 14. Memorize RPC, Article 180-181. Include Elements ART 180 - FALSE TESTIMONY AGAINST A DEFENDANT Elements a. There is a criminal proceeding; b. Offender testifies falsely under oath against the defendant therein; c. Offender who gives false testimony knows that it is false. d. Defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. ART 181 - FALSE TESTIMONY FAVORABLE TO THE DEFENDANT Elements a. A person gives false testimony; b. In favor of the defendant; c. In a criminal case. 15. Memorize RPC, Article 210-212 ART 210 - DIRECT BRIBERY Elements a. Offender is a public officer within the scope of Article 203; b. Offender accepts directly an offer or a promise or receives a gift or present by himself or through another; c. Such offer or promise be accepted, or gift or present received by the public officer i. With a view to committing some crime; or ii. In consideration of the execution of an act which does not constitute a crime, but the act must be unjust; or iii. To refrain from doing something which it is his official duty to do. d. The act which offender agrees to perform or which he executes be connected with the performance of his official duties. Acts punished / Modes of Commission of Direct Bribery: a. Agreeing to perform, or performing, in consideration of any offer, promise, gift or present an act constituting a crime, in connection with the performance of his official duties. (e.i. the act amounted to a crime) b. 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 (but is unjust or the doing is improper or unfair); c. Agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in consideration of gift or promise. (There is non-performance of an official duty due to a consideration provided the non-performance does not amount to a crime. If so it is bribery of the first mode.) ART 211 - INDIRECT BRIBERY PENALTY: arresto mayor, suspension in its minimum and medium periods and public censure Elements a. Offender is a public officer; b. He accepts gifts; c. The gifts are offered to him by reason of his office. ARTICLE 211-A. QUALIFIED BRIBERY Elements

c.

a. Offender is a public officer entrusted with law enforcement; b. He refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death; c. Offender refrains from arresting or prosecuting in consideration of any offer, promise, gift, or present. RULES: - Actual receipt of consideration is not necessary. - The penalty for the officer is that for the offense he did not prosecute. But if it was the officer who solicited the gift, the penalty is death. HOWEVER, the guilt of the person who was not prosecuted must first be proven. Thus, there must be first conviction. ARTICLE 212. CORRUPTION OF PUBLIC OFFICIALS Elements a. Offender makes offers or promises or gives gifts or presents to a public officer; b. 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. 16. Memorize RPC, Article 180-181. Include Elements ART 180 - FALSE TESTIMONY AGAINST A DEFENDANT Elements e. There is a criminal proceeding; f. Offender testifies falsely under oath against the defendant therein; g. Offender who gives false testimony knows that it is false. h. Defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. ART 181 - FALSE TESTIMONY FAVORABLE TO THE DEFENDANT Elements d. A person gives false testimony; e. In favor of the defendant; f. In a criminal case. 17. A police officer surreptitiously placed a marijuana stick in a students pocket and then arrested him for possession of marijuana cigarette. What crime the police officer be charged with COMPLEX CRIME OF INCRIMINATING AN INNOCENT PERSON WITH UNLAWFUL ARREST 18. Effect if a public officer immediately returns the bribe money handed over to him. No crime committed