CRIMINAL

BULLETS

LAW

REVIEW

ATTY. LEONOR D. BOADO

1. Fourth theory of criminal law utilitarian
or
protective
theory purpose is to impose
the penalty against the actual
and potential wrongdoers. It
should not favor opportunism
and materialism.
2. Pardon is a private act of the
President and must be proved;
amnesty is his public act, and
must be judicially noticed.
3. Equipoise rule: if evidence of
the
prosecution
and
the
defense is equally balanced,
acquittal is in order for charge
is
not
proved
beyond
reasonable doubt.
4. Rule
that
all
doubts
be
construed in favor of accused
are on two matters: in case law
is ambiguous and if evidence is
equipoised.
5. One penal law can have both
prospective and retroactive
application as long as either
way, the effect favors the
accused. Example: R.A. 8294
on
illegal
possession
of
firearms.
6. Criminal intent is generally
presumed from the voluntary
commission of an unlawful
act. Ex. Cocking a firearm and
firing it killing another proves
intent to kill.
7. Presumption of criminal intent
does not apply if the act is
equivocal
the
specific
criminal
intent
must
be
proved.
Example
physical
injuries
vs.

attempted/frustrated
killing;
attempted rape vs. acts of
lasciviousness; grave coercion
vs. kidnapping.
8. Culpa and mala prohibita are
committed without criminal
intent.
9. Culpa in Art. 3 is a mode to
commit a crime; Art. 365, it is
a crime.
10.Aberratio ictus, the actual and
intended victims are both at the
situs of crime; in error in
personae, the intended victim is
absent.
11.Treachery
is
although there
ictus.

appreciated
is aberratio

12.Mistake of identity is not

synonymous with mistake of
fact. In the former there is
criminal liability; the latter is
absolutory.
13.Impossible crime is not a
crime. It is not the act [object]
that is punished but the actor
[subject] to subdue his criminal
tendency.
14.Offender should not be aware
that the crime is impossible,
e.g., there can be no intent to
kill if he knows that the victim
is dead.
15.The overt act a principal in
conspiracy consists of active
participation in the commission
of
crime,
giving
moral
assistance to or exerting moral
ascendancy over the other
conspirators.
16.Conspiracy
is
not
aggravating circumstance.

an

17.Only the actual perpetrators

are liable for acts beyond the
agreement of the conspirators.
18.Unlawful aggression per se is
not mitigating; it is incomplete
justifying in the form of
unlawful aggression that is
mitigating.
19.Art. 10(a) means that special
law prevails over general law;
Art. 10(b) is the soul of the
article - "the code shall be
supplementary" to special laws,
unless the latter specifically
provide otherwise.
20.When special laws use the
nomenclature of RPC penalties
it shows the intent to make the
RPC suppletory. In such case,
when ISLaw applies, the rules
for RPC shall be followed.
21.Abolition of death penalty did
not change classification of
heinous crimes for purposes of
civil liability ex-delicto.
22.Generally, crimes mala in se
involve moral turpitude while
crimes mala prohibita do not.
23.Crimes under special laws are
not always mala prohibita as in
mere amendments of the RPC,
e.g., cattle-rustling.
24.Malum in se does not absorb
malum prohibitum and viceversa.
Thus,
simultaneous
prosecution is possible for
estafa and BP 22 or illegal
recruitment;
reckless
imprudence and mining law.
25.'Aggravating circumstances" is
liberally construed to include

the circumstances Art. 15 for

purposes of the award of
damages.
Otherwise, it is
strictly construed to include
those in Art. 14 only.
26.Arias Doctrine excuses head of
public office who rely on
subordinates when approving
transactions in good faith.
(ministerial duty concept)
27.Accident and self-defense are
incompatible
defenses.
Accident presupposes lack of
intention; self-defense involves
voluntariness only that it is
induced by necessity. (Lao-as,
June 2001)
28.The graver includes the lesser.
When the crime charged is
different from what is proved,
conviction is possible so long as
the
lesser
is
necessarily
included in the graver.
29.Inducer is a principal if he is a
mastermind; accomplice if his
inducement
is
material,
significant and efficacious in
the commission of the crime
but not indispensable; not liable
if his utterance is a mere
careless statement not meant to
be obeyed.
30.Cooperator
a
principal
if
cooperation is indispensable;
crime cannot be committed
without
his
cooperation;
accomplice if the cooperation is
dispensable or the crime would
still be committed without him.
31.The penalty for each crime in
Book II is imposed: (a) as
principal penalty; (b) in the
consummated stage; (c) on the
principal offender; and (d) the

maximum
imposable
specific offense.

for

probation must be applied

for.

32. In determining next lower

degree, penalties prescribed
are deemed to be one degree
even if composed of one or
two periods. Ex. lower than
arresto mayor max is arresto
mayor
med;
lower
than
arresto mayor med and max is
arresto
menor
max
and
arresto mayor min.

38.
Per par. 1, Art. 63 the
single indivisible penalty of
reclusion perpetua is an
exception from the ISLaw.

33.
There are three scales
of penalties in the RPC:
a. Art. 25 for principal and
accessory penalties
b. Art. 70 for multiple
sentences, including the
3-fold rule
c. Art. 71 for applying the
rules
on
lowering
penalties [Art. 61 in
relation to 50-57]
34.
There is no automatic
review of reclusion perpetua.
35.
The 30-year service
qualifies convict for pardon
and is the equivalent of pena
perpetua in computing the
three-fold penalty; the 40
year duration is the maximum
that can be served.
36. The other way of asking:
"What are the exceptions
from ISL?" is "When will a
straight penalty be imposed?"
37.
A recidivist and a
parolee is entitled to ISLaw
but not probation because
ISLaw is mandatory while
probation is a privilege;
ISLaw is not applied for but

39.
ISLaw applies for
penalties
imposed
on
complex crimes and those as
a result of plea bargaining.
40.
Penalty
must
be
imprisonment;
otherwise
ISLaw does not apply.
41.
For multiple sentences
in probation, the penalties
imposed should be taken
separately for P.D. 968 uses
"maximum,"
not
total.
"Previous" should refer to
conviction not to offenses.
42.
Subsidiary
penalty
applies in violation of special
laws.
43.
Modifying
circumstances
are
not
considered in culpa.
44.
There are five kinds of
multiplicity
of
offenses:
compound,
complex,
composite,
continued
and
continuing crimes. Each is
made up of more than one
crime with a single penalty.
45. No complex crime in Art.
48 if: (a) 1st crime is element
of 2nd; (b) the two crimes have
same elements; (c) 2nd crime is
to conceal the 1st.
46.
must

Sufficient provocation
be
immediate;

immediate vindication is not

immediate
but
only
proximate.

is rape; with over 12 and

under 18, seduction; with
exactly 12, child abuse.

47.
Surrender is no longer
voluntary if a warrant of
arrest is issued.

55.
Presumption of law is
based
on
prima
facie
evidence.. The facts proved
furnish the basis of the
presumption.
It does not
negate but counterbalances
the presumption of innocence.

48.
No pretermission of
holidays in prescription of
crime
and
penalty.
Prescription is automatic even
if last day is a Sunday or a
holiday.
49.
To be liable for the
death of a person with
lingering illness, the acts of
violence
on
him
must
facilitate, hasten, or be the
proximate cause of the death
of the victim.
50.
Preventive penalties
(suspension and preventive
imprisonment)
are
not
penalties for not imposed
after trial on the merits.
51.
Error to lump all kinds
of damages actual, moral
and
exemplary
into
one
amount for they have different
bases and proof required.
52.
In statutory rape, the
only proof required is sexual
congress with a girl less than
12 for she cannot give valid
consent.
53.
Moral and physical
ascendancy
in
incestuous
rape of minors substitutes the
force
and
intimidation
required.
54.
Sexual congress with
consent of child less than 12

56.
R.A.9344 did not
repeal PD 603 and did not
remove
minor's
disqualification
from
suspended sentence if (a)
crime
committed
is
punishable with death or life
imprisonment; (b) has once
given suspended sentence or
(c) he was convicted by
Military Tribunal.
57.
Punishable means
possible not actual sentence
given on minor.
58.
Severity of sentence is
not measured by duration but
by degree of deprivation of
liberty, e.g. destierro vis--vis
arresto mayor.
59.
Band vs. aid of armed
men vs. organized crime
syndicate:

Members of band and

organized
crime
are
principal; those in aid of
armed men are accomplices

Band is composed of
more
than
3
armed
malefactors;
organized
crime syndicate at least 2
persons; armed men not
numbered


Members of organized
crime not required to be
armed but must be formed
for crimes of gain; members
of band and armed men are
required to be armed but
not particularly for crimes of
gain
60.
Status crimes are not
crimes if committed by adults.
Minors are exempt for: status
crimes;
vagrancy
and
prostitution; mendicancy (PD
1563) and snuffing of rugby
(PD 1619)
61.
Amnesty is public act
of the President, judicial
notice mandatory; absolute
pardon is his private act and
must be proved.
62.
The
Constitution,
placed death penalty under
suspensive condition; R.A.
9346 killed the death penalty.
63.
Kinds of direct assault:
(1)
Employ
force
or
intimidation without public
uprising to attain any of
purposes of rebellion and
sedition; cannot be committed
during rebellion. (2) Attack,
employ
force,
seriously
intimidate
or
resist
any
person in authority or his
agents,
while
in
the
performance of official duties,
or on occasion thereof.
64.
Perjury is willful and
corrupt
assertion
of
a
falsehood under oath or
affrimation administered by
authority of law on a material
matter. It is an obstruction of
justice. Assertion of belief is
not perjury. There must be

false statement of material

matter.
65.
Unjust vexation exists
even without the element of
restraint or compulsion since
term is broad enough to
include any act which unjustly
irritates
or
annoys
an
innocent person. No need to
allege malice, restraint or
compulsion
in
the
information.
66.
Information
for
attempted rape can convict
for unjust vexation.
67.
Res judicata in prison
grey is the equivalent of
double jeopardy.
68.
Two kinds of publicoffice related crimes:
a.
Public
office
is
constituent
element
as
defined in the statute and the
offense cannot exist without
the office. Ex. Malversation.
There is no need to allege
intimate conncetion between
crime and the office
b.
Offenses or felonies
intimately connected with the
public office and perpetrated
while
officer
is
in
performance of his official
functions
through
improper/irregular
conduct.
Must
be
alleged
in
Information.
69.
In
technical
malversation or illegal use of
public
funds,
the
public
officer does not derive benefit
or gain from the funds or

property. As public fund is

applied to another public
purpose which is not illegal
per
se,
presumption
of
criminal intent does not
operate.
70.
If any other crime is
committed, use of unlicensed
firearm absorbed no liability
for
firearm
and
not
aggravating.
71.
Other crime need not
be
committed
using
the
unlicensed firearm.
72.
Presumed malice or
malice in law excepts private
communication made by any
person to another in the
performance of any legal,
moral or social duty; a fair
and true report in good faith
of official proceedings not
confidential in nature and fair
commentaries on matters of
public interest.
73.
These 3 exceptions are
qualifiedly
privileged
statements
actionable
if
malice in fact can be proved.
Absolutely
privileged
statements
like
court
pleadings and parliamentary
statements not actionable.
74.
Truth is not a defense
in libel except statements
against public officials and
public figures; burden is on
them to disprove the truth.
75.
The wife of the
offended in libel is a third
person for purposes of the
requirement of publication in
libel cases.

76.
Fine is a penalty, thus
the directive to impose fine on
libel [and BP 22] does not
decriminalize the felonies.
Not judicial legislation.
77.
The only reason for
dishonor of check is lack of
fund. If for other reasons like
forgery, BP 22 does not apply.
78.
Notice of dishonor
must be in writing. An oral
notice is not sufficient for
purposes of BP 22 violation.
79.
Felonious taking is the
act of depriving another of
possession and dominion of
movable property without his
privity
and
consent
and
without animus revertendi.
Unlawful taking may be in any
of:
a.
Owner or juridical
possessor does not give
consent to taking;
b.
If the consent was
given, it was vitiated; or
c.
Where an act by the
receiver soon after the
actual
transfer
of
possession
constitutes
unlawful
taking.
The
receiver's act could be
considered as executed
without consent of the
giver.
80.
Corruption of minor is
facilitating and promoting the
prostitution of a minor to
satisfy the lust of another;
white slave trade is profiting
from the prostitution of any
person who is not a minor

81.
The
4
elements
involved
in
medical
negligence cases are duty,
breach, injury, and proximate
causation.
82.
Medical malpractice
requires
expert
testimony
except when res ipsa loquitor
applies which can be given by
ordinary laymen like when a
foreign object (scissor, gauze,
etc.) is left in the body.
83.
Rights of persons
under custodial investigation
begin when the investigation
ceases to be a general inquiry
but focuses on suspect.
84.
Investigation must be
carried out by law enforcers;
if others like reporters and
government
auditors,
not
custodial investigation.
85.
Arrest does not require
the application of actual
force, manual touching of the
body, physical restraint or a
formal declaration of arrest.
Includes invitation.
86.
Lawful possession of a
thing
is
presumed;
but
possessor of a recently stolen
article is also presumed to be
the stealer.
87.
Presumption
that
person possessing personal
effects belonging to a person
robbed or killed is the
offender is limited to cases
where
possession
is
unexplained
or
the
explanation implausible.

88.
Carrying in passenger
aircraft corrosive, flammable,
explosive,
or
poisonous
substance even if only to test
capability of airport personnel
to detect such items violates
Anti-hijacking law.
89.
Making threats or
pranks orally, thru mail,
telephone, printed materials
and etc. violates PD 1727
(rumor mongering)
90.
Trafficking in persons
includes
recruiting,
transporting
persons
for
employment, mail order bride,
travel and tours package, for
prostitution,
slavery,
debt
bondage, sale of body organs
etc., recruiting baby makers,
adopting a child for armed
conflict here or abroad.
91.
Violence
against
woman or child requires that
the offender and the offended
have
or
had
dating
relationship over time and on
a continuing basis.
92.
Battered woman who is
not wholly excusable for
killing her batterer enjoys 2
mitigating
circumstances:
psychological paralysis and
passion and obfuscation.
93.
One
becomes
a
battered woman if she has
undergone completely the
cycle of violence which has
three phases at least twice.
94.
Transactions covered
by Anti-money laundering are:

a.
Covered total
amount
exceeds
P500,000
within
1
banking day
b.
Suspicious

regardless of amount if
amount involved beyond
client's capacity; client
not properly identified;
transaction related to
unlawful activity, and
analogous situations.
95.
Transaction
both
covered and suspicious must
be reported as suspicious,
hence
the
amount
is
immaterial.
96.
Any
deposit
or
investment in banking/nonbank financial institution can
be examined upon order of
court.
97.
No court
required for:
a.

order

is

kidnapping for ransom

b.
drug trafficking and
related offenses
c.
hijacking, destructive
arson and murder
d.
acts by terrorists
against non-combatants and
similar targets
98.
No
praeter
intentionem in violations of
Anti-hazing
law.
The
presence of any person during
hazing is prima facie evidence
of participation as principal
unless
he
prevented
commission of acts

99.
An
employee
of
recruitment
agency
who
actively
and
consciously
participates in recruitment
with
knowledge
of
the
business, its purpose and
effect, contributing his efforts
to its conduct, however slight
is a principal. If he just acted
under orders of superiors,
unaware that his act is
criminal, he is not liable.
100.
Dispositive portion
of
the
decision
should
contain the Section and
Article number of RA 9165
violated.
101.
Possession of shabu
is
penalized
with
imprisonment and fine. Fine
of must be added to the
prison term imposed.
102.
The Statement of
Assets
and
Liabilities
required of public officers
and employees does not
violate the due process
clause, the warranty against
unreasonable searches and
seizures and the right to self
incrimination because the
information required is not
purely private following the
principle of public office is a
public trust; this is a
reasonable
safeguard
against the temptation for
graft; and there is no cases
filed yet against the official
as to make the rule on selfincrimination operative.
103.
Cash advances to
finance
the
traveling
expenses
of
employees
amounts to a loan hence
failure to liquidate or settle

the same would not amount

to estafa.
104.
The Ponzi scheme
or
pyramiding
is
an
investment program that
offers
impossibly
high
returns to early investors
out
of
the
capital
contributed
by
later
investors.
The
crime
committed by the entity is
syndicated estafa under PD
No. 1689.
105.
The accused in
fencing should otherwise be
an accessory. If he were a
principal or accomplice, his
crime would fall under theft
or robbery.
106.
Fencing is not a
continuing crime but is
distinct from robbery or
theft. Thus, the fence can
be prosecuted where he
took hold of the property,
not where this was stolen.
107.
Fencing involves
moral turpitude. It is as vile
as theft or robbery. The
duty not to appropriate or to
return anything acquired
thru mistake or malice is so
basic it is included in the
Civil Code provision on
Human
Relations
and
solutio indebiti.
108.
Burning of one's
own property in such a
manner as to put in danger
the person or property of
another is simple arson
under Sec. 1 of PD 1613.
109.
Conspiracy
to
commit arson is penalized

under Sec. 7 of PD 1613.

Conspiracy to commit drug
trafficking
is
penalized
under RA 9165.
110.
Carnapping with
homicide or rape is a special
complex crime penalized
with reclusion perpetua to
death. ISlaw follows the RPC
rules.
Other
forms
of
carnapping are penalized
with number of years of
imprisonment.
ISLaw
follows the rules for special
law.