January 5, 2011

Criminal Law
Violation Condition of Pardon

When the convict violates the conditions of destierro- not in book 2 of rpc but found in some
decisions
Destierro conditions: that he should not enter a radius of 25 km but not more than 250km from
the point determined by the court measured in a straight line by the courts not measured by the
roads
This was in 1932- in 1932 250km will take a person 2-3 days to travel
The roads leading to that point of destination
There are no other evasion of service of sentence- condition upon the requisites provided for in
the said article
Evasion of service of sentence are crimes that are additional penalties to the person who
committed the crime
Additional penalty should not exceed 6 years

Forgeries

Quasi recidivism should only be considered as a special aggravating circumstance. The penalty
should be in the maximum period.
If it is qualified it is raised to two degrees higher
In qualified the penalty to be imposed is the capital punishment- thats why its called qual
aggravating circumstance
Felony- reclusion perpetua; Special Law- reclusion or life imprisonment
Quasi recidivism- first offense must be a felony; second crime must be a new felony; the law
did not specify that it should be an offense
Article 163 False Coins- counterfeited coins which need not be of legal tender meaning it is not
in circulation anymore or demonitized
Importing and uttering false coins are committed in connivance with importers and
counterfeiters; even if the same is committed; it is one of the exceptions in territorial;
Importation and uttering must be of LEGAL tender
Mutilation of coins- destruction of the precious metal
The issuance of that Presidential Decree was because of the reports of the habits of taxi drivers
of decoration jeepneys with coins- they are nailing coins in a straight line.

Perjury

The act of forging treasury or bank notes; the product of forgery must appear to be a genuine
bank note or negotiable instrument
Negotiable instrument payable to order- the name is either a fictitious name or a name that does
not belong to anyone
Because of the anti-money laundering law there are restrictions; if the amount is P500k or
more- they will have to ask

Changing names figures of negotiable instruments

What is meant by notes?
Negotiable instruments cannot be negotiated more than twice
Decisions are against bands- incompetence, negligence

Legislative Law

Legislative law may be falsified

In 171 it is a public document
In 172 it could be a private document
The legislative body is only up to municipal- generic term for city of municipal; this does not
include the sangguniang barangay and sk; these are the restrictions
Article 171- who are the offnders? Public officers, notary public, religious ministers;
no question about public officers as long as elected or appointed
notary public- because of their appointment as np in which they are authorized to act as
public officers as administrative durat and acknowledgment and to preside over the taking
of depositions, they can also be commissioners- notarial law now is strict!
Ecclesiastical ministers are only given delegated powers
Memorize acts of falsification
172- private individual private documnent- there must be damage

Until Article 172