Golden Notes Criminal Law

BOOK 1: FUNDAMENTAL PRINCIPLES
BOOK 1 seeks to redress, and not the injury to the

individual.
I. FUNDAMENTAL PRINCIPLES
Q: What are the sources of criminal law in the
A. DEFINITION OF CRIMINAL LAW Philippines?

Q: What is criminal law? A:
1. The Revised Penal Code (Act No. 3815) and its
A: Criminal law is that branch of law, which defines amendments.
crimes, treats of their nature, and provides for their 2. Special penal laws passed by the Philippine
punishment. Commission, Philippine Assembly, Philippine
Legislature, National Assembly, the Batasang
Q: What are the theories in criminal law? Pambansa, and Congress of the Philippines.
3. Penal Presidential Decrees issued during
A: Martial Law.
1. Classical theory the basis of criminal liability
is human free will and the purpose of the Q: What are the basic maxims in criminal law?
penalty is retribution. It is endeavored to
establish a mechanical and direct proportion A:
between crime and penalty, and there is scant 1. Nullum crimen, nulla poena sine lege (There is
regard to the human element. no crime when there is no law punishing the
same) No matter how wrongful, evil or bad
Note: The RPC is generally governed by this the act is, if there is no law defining the act,
theory. the same is not considered a crime.
2. Actus non facit reum, nisi mens sit rea (The act
2. Positivist theory the basis of criminal liability cannot be criminal where the mind is not
is the sum of the social, natural and economic criminal) This is true to a felony
phenomena to which the actor is exposed. The characterized by dolo, but not a felony
purposes of penalty are prevention and resulting from culpa. This maxim is not an
correction. This theory is exemplified in the absolute one because it is not applied to
provisions regarding impossible crimes and culpable felonies, or those that result from
habitual delinquency. negligence.
3. Eclectic or Mixed theory It is a combination of 3. Doctrine of Pro Reo Whenever a penal law is
positivist and classical thinking wherein crimes to be construed or applied and the law admits
that are economic and social in nature should of two interpretations, one lenient to the
be dealt in a positive manner, thus, the law is offender and one strict to the offender, that
more compassionate. Ideally, the classical interpretation which is lenient or favorable to
theory is applied to heinous crimes, whereas, the offender will be adopted.
the positivist is made to work on economic and
social crimes. Note: This doctrine is an exception to Art. 48 of
4. Utilitarian or Protective theory- the primary the RPC which imposes the penalty for the more
purpose of punishment under criminal law is serious crime committed when a single act
the protection of society from actual and constitutes two or more grave or less grave
potential wrongdoers. The courts, therefore, in felonies. (2010 Bar Question)
exacting retribution for the wronged society,
should direct the punishment to potential or 4. Actus me invito factus non est meus actus (An
actual wrongdoers, since criminal law is act done by me against my will is not my act)
directed against acts or omissions which the Whenever a person is under a compulsion of
society does not approve. Consistent with this irresistible force or uncontrollable fear to do
theory is the mala prohibita principle which an act against his will, in which that act
punishes an offense regardless of malice or produces a crime or offense, such person is
criminal intent. exempted in any criminal liability arising from
said act.
Q: What is the legal basis for punishment?
Q: How are penal laws construed?
A: The power to punish violators of criminal law
comes within the police power of the State. It is the A:
injury inflicted to the public which a criminal action 1. Penal laws are strictly construed against the
State and liberally in favor of the accused.
THE ACADEMICS COMMITTEE
1
CHAIRPERSON: KAREN FELIZ SUPNAD U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS Facultad de Derecho Civil
VICE CHAIRPERSON FOR ADMINISTRATION AND FINANCE: JANICE G. NADAL
V ICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN

UST GOLDEN NOTES 2012
2. In the interpretation of the provisions of the b. Mala prohibita

Revised Penal Code, the Spanish text is 5. As to count
controlling. a. Composite or special complex
b. Complex, under Art. 48
Q: What are the effects of repeal of penal laws? c. Continuing
6. As to division
A: a. Formal felonies those which are always
1. When repeal makes the penalty lighter in the consummated. (e.g. physical injuries)
new law, the new law shall be applied, except b. Material felonies those which have
when: various stages of execution.
(a) the new law is expressly made c. Those which do not admit of the
inapplicable to pending actions or existing frustrated stage. (e.g. rape and theft)
causes of actions or
(b) where the offender is a habitual criminal Q: What is a special law?
2. When repeal imposes a heavier penalty, the
law in force at the time of the commission A: It is a penal law which punishes acts not defined
shall be applied. and penalized by the Penal Code. They are statutes
3. When repeal totally repeals the existing law so enacted by the Legislative branch, penal in
that the act is no longer punishable, the crime character, which is not an amendment to the
is therefore obliterated. Revised Penal Code.
4. An absolute repeal of a penal law has the
effect of depriving the court of its authority to Q: Distinguish their respective concepts and legal
punish a person charged with violation of the implications, between crimes mala in se and
old law prior to its repeal, except when: crimes mala prohibita (2003 BEQ)?
(a) there is a saving clause in the repealing
statute that provides that the repeal shall A:
have no effect on pending actions. Mala in se Mala prohibita
(b) Where the repealing act reenacts the There must be a Sufficient that the
former statute and punishes the act criminal intent prohibited act was
previously penalized under the old law. done
(SEC v. Interport Resources Corporation, Wrongful from their Wrong merely because
G.R. No. 135808 reiterating Benedicto v. nature prohibited by statute
C.A) Intent governs Criminal intent is not
necessary
Q: What is the definition of a crime? Punished under the RPC Violations of special
laws
A: A crime is the generic term used to refer to a
wrongdoing punished either under the Revised Note: Not all violations
Penal Code or under a special law. of special laws are mala
prohibita.
Q: What are the various classifications of crimes?
Even if the crime is
A: punished under a special
1. As to the manner or mode of execution law, if the act punished
a. Dolo or felonies committed with is one which is
deliberate intent inherently wrong, the
b. Culpa or those committed by means of same is malum in se,
fault and, therefore, good
faith and the lack of
2. As to the stage of execution
criminal intent is a valid
a. Consummated
defense; unless it is the
b. Frustrated product of criminal
c. Attempted negligence or culpa.
3. As to gravity As to legal implications
a. Light felonies
Good faith or lack of Good faith or lack of
b. Less grave felonies
criminal intent/ criminal intent is not a
c. Grave felonies
negligence is a defense defense; it is enough
4. As to nature
that the prohibition
a. Mala in se
was voluntarily
CRIMINAL LAW TEAM
2 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN

ASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS

violated diplomatic representatives in the

Criminal liability is Criminal liability is Philippines.
incurred even when the generally incurred only c. The principles of public international law
crime is attempted or when the crime is
frustrated consummated Examples:
Mitigating and Such circumstances are i. Sovereigns and other Chiefs of States
aggravating not appreciated unless ii. Ambassadors, ministers,
circumstances are the special law has plenipotentiary, ministers resident,
appreciated in imposing adopted the scheme or and charges d affaires.
the penalties scale of penalties
under the RPC Note: Consuls, vice-consuls, and other
commercial representatives of foreign
Q: What are violations of special laws which are nation are not diplomatic officers.
Consuls are subject to the penal laws of
considered mala in se?
the country where they are assigned.

A: The following violations under PD 532 are
2. Territoriality means that the penal laws of
considered mala in se:
the country have force and effect only within
1. Piracy in Philippine waters
its territory.
2. Brigandage in the highways

XPNs: Article 2 of the Revised Penal Code
Note: Likewise, when the special laws require that the
punished act be committed knowingly and willfully,
criminal intent is required to be proved before criminal 3. Prospectivity/Irretrospectivity means that
liability may arise. acts or omissions will only be subject to a
penal law if they are committed after a penal
Q: If a special law uses the nomenclature of law had already taken effect.
penalties in the RPC, what is the effect on the
nature of the crime covered by the special law? XPN: Whenever a new statute dealing with
crime establishes conditions more lenient or
A: Even if a special law uses the nomenclature of favorable to the accused.
penalties under the RPC, that alone will not make
the act or omission a crime mala in se. The special Note: The retroactive effect shall benefit the
law may only intend the Code to apply as a accused even if at the time of the publication of
the law, a final judgment has been pronounced
supplementary. (People v. Simon, G.R. No. 93028,
and the convict is serving sentence.
July 29, 1994)

XPNs to the XPN: The new law cannot be
B. SCOPE OF APPLICATION AND CHARACTERISTICS
given retroactive effect even if favorable
OF THE PHILIPPINE CRIMINAL LAW
to the accused:

a. When the new law is expressly made
Q: What are the three cardinal features or main
inapplicable to pending actions or
characteristics of Philippine criminal law (1998,
existing causes of actions. (Tavera vs.
BEQ)?
Valdez, 1 Phil 463)

b. When the offender is a habitual
A:
criminal. (Art. 22, RPC)
1. Generality the criminal law of the country

governs all persons who lives or sojourns
Q: What are the two scopes of application of the
within the country regardless of their race,
RPC?
belief, sex, or creed.

A:
XPNs:
1. Intraterritorial refers to the application
a. Treaty stipulations and international
of the RPC within the Philippine territory
agreements. E.g. RP-US Visiting Forces
2. Extraterritorial refers to the application
Accord.
of the RPC outside the Philippine
b. Laws of Preferential Application. E.g. R.A.
territory.
75 penalizes acts which would impair the

proper observance by the Republic and its

inhabitants of the immunities, rights, and

privileges of duly-accredited foreign
3

Q: In what cases does the RPC have an A: The English rule recognizes that the host country
extraterritorial application? has jurisdiction over crimes committed on board
the vessel unless they involve the internal
A: Against those who: management of the vessel.
1. Should commit an offense while on a
Philippine ship or airship Q: What is the rule on foreign merchant vessels in
2. Should forge or counterfeit any coin or possession of dangerous drugs?
currency note of the Philippine Islands or
obligations and securities issued by the A:
Government of the Philippine Islands 1. In transit possession of dangerous drugs is
3. Should be liable for acts connected with not punishable, but the use of the same is
the introduction into these islands of the punishable.
obligations and securities mentioned in 2. Not in transit mere possession of dangerous
the preceding number drugs is punishable.
4. While being public officers or employees,
should commit an offense in the exercise Q: When is forgery committed?
of their functions; or
5. Should commit any of the crimes against A: Forgery is committed by giving to a treasury or
national security and the law of nations. bank note or any instrument payable to bearer or
(Art. 2, RPC) to order the appearance of a true genuine
document or by erasing, substituting, counterfeiting
Q: What is a Philippine ship? or altering, by any means, the figures, letters, words
or sign contained therein.
A: One that is registered in accordance with
Philippine laws. If the vessel is in the high seas, it is Note: If forgery was committed abroad, it must refer
considered as an extension of the Philippine only to Philippine coin, currency note, or obligations
territory and the Philippines still has jurisdiction. and securities. Obligations and securities of the GSIS,
But if the vessel is within the territory of another SSS, and Landbank are NOT of the government
country, jurisdiction is generally with the foreign because they have separate charters.
State because penal laws are primarily territorial in
application. Those who introduced the counterfeit items are
criminally liable even if they were not the ones who
counterfeited the obligations and securities. On the
Q: What are the requirements of an offense
other hand, those who counterfeited the items are
committed while on a Philippine ship or airship?
criminally liable even if they did not introduce the

counterfeit items.
A:
1. The ship or airship must be registered with the Q: When does a public officer or employee commit
Philippine Bureau of Customs. an offense in the exercise of their functions?
2. The ship must be in the high seas or the airship
must be in international space. A: As a general rule, the RPC governs only when the
crime committed pertains to the exercise of the
Q: What are the two recognized rules on public officials functions, those having to do with
jurisdiction over merchant vessels? the discharge of their duties in a foreign country.
The functions contemplated are those, which are,
A: The French rule and the English rule. These rules under the law, to be performed by the public officer
refer to the jurisdiction of one country over its in the Foreign Service of the Philippine government
merchant vessels situated in another country. in a foreign country.
These do not apply to war vessels over which a
country always has jurisdiction. Note: This rule is not absolute. The RPC governs if the
crime was committed within the Philippine Embassy or
Q: What is the French rule? within the embassy grounds in a foreign country. This
is because embassy grounds are considered an
A: The French rule recognizes the jurisdiction of the extension of sovereignty.
flag of the country for crimes committed on board
the vessel except if the crime disturbs the peace
and order and security of the host country.

Q: What is the English rule?
CRIMINAL LAW TEAM


Q: What are the crimes that may be committed in

the exercise of a public function? A: An ex post facto law is one which:
1. Makes criminal an act done before the
A: passage of the law and which was
1. Direct bribery innocent when done, and punishes such
2. Indirect bribery an act;
3. Frauds against public treasury 2. Aggravates a crime, or makes it greater
4. Possession of prohibited interest than it was, when committed;
5. Malversation of public funds or property 3. Changes the punishment and inflicts a
6. Failure of accountable officer to render greater punishment than the law annexed
accounts to the crime when committed;
7. Illegal use of public funds or property 4. Alters the legal rules of evidence, and
8. Failure to make delivery of public funds or authorizes conviction upon less or
property different testimony than the law required
9. Falsification by a public officer or employee at the time of the commission of the
committed with abuse of his official position offense;
5. Assumes to regulate civil rights and
Q: What are the crimes against public security and remedies only, in effect imposes penalty
the law of the nations? or deprivation of a right for something
which when done was lawful; and
A: 6. Deprives a person accused of a crime
1. Treason some lawful protection to which he has
2. Conspiracy and proposal to commit treason become entitled, such as the protection
3. Espionage of a former conviction or acquittal, or a
4. Inciting to war and giving motives for reprisals proclamation of amnesty.
5. Violation of neutrality
6. Correspondence with hostile country Q: What is a bill of attainder?
7. Flight to enemys country
8. Piracy and mutiny on the high seas A: A bill of attainder is a legislative act which inflicts
punishment without trial. Its essence is the
C. CONSTITUTIONAL LIMITATIONS ON THE POWER substitution of a legislative act for a judicial
OF CONGRESS TO ENACT PENAL LAWS IN THE BILL determination of guilt.
OF RIGHTS
Q: A criminal and an administrative case was filed
Q: Who has the power to enact penal laws? against A. While the criminal case was going on,
the trial court denied A the opportunity to present
A: Only the legislative branch of the government as evidence the decision in the administrative
can enact penal laws. case, which was earlier dismissed. He now
contends that there was a violation of due
Q: What are the Constitutional limitations on the process. Is he correct?
power of the legislature in enacting penal laws?
A: No. There is no denial of due process when the
A: trial court did not allow petitioner to introduce as
1. No person shall be deprived of life, liberty, or evidence the decision. It is well within the courts
property without due process of law, nor shall discretion to reject the presentation of evidence
any person be denied the equal protection of which it judiciously believes irrelevant and
the laws. (Sec. 1, Art. III, 1987 Constitution) impertinent to the proceeding on hand. This is
2. No person shall be held to answer for a especially true when the evidence sought to be
criminal offense without due process of law. presented in a criminal proceeding concerns an
(Sec. 14, [1], Art. III, 1987 Constitution) administrative matter. The findings in
3. Excessive fines shall not be imposed, nor cruel, administrative cases are not binding upon the court
degrading or inhuman punishment trying a criminal case, even if the criminal
inflicted. (Sec. 19 [1], Art. III, 1987 proceedings are based on the same facts and
Constitution) incidents which gave rise to the administrative
4. No ex post facto law or bill of attainder shall be matter. The dismissal of a criminal case does not
enacted. (Sec. 22, Art. llI, 1987 Constitution) foreclose administrative action or necessarily gives
the accused a clean bill of health in all respects. In
Q: What is an ex post facto law? the same way, the dismissal of an administrative
5

case does not operate to terminate a criminal

proceeding with the same subject
matter. (Catacutan v. People, G.R. No. 175991,
August 31, 2011)

CRIMINAL LAW TEAM


BOOK 1: FELONIES
II. FELONIES 1. External since mere criminal thoughts are

not felonious
Q: What are felonies? 2. Voluntary Both dolo and culpa have to be
voluntary
A: Felonies are acts or omissions punishable by the
RPC. Q: What are the requisites of dolo?

Q: What are the elements of felonies? A: If any of the following requisites is absent, there
is no dolo. If there is no dolo, there could be no
A: intentional felony.
1. An act or omission 1. Criminal intent the purpose to use a
particular means to effect such result. Intent to
Examples: Misprision of treason; failure of an commit an act with malice being purely a
accountable officer to render accounts mental process is presumed. Such
presumption arises from the proof of
2. Punishable by the Revised Penal Code commission of an unlawful act. A mental state,
3. The act is performed or the omission incurred hence, its existence is shown by overt acts.
by means of dolo or culpa. (People vs
Gonzales, 1990, 183 SCRA 309) Note: If there is NO criminal intent, the act is
justified. Offender incurs NO criminal liability.
Q: What are the kinds of felonies?
2. Freedom of action voluntariness on the part
A: of the person to commit the act or omission.
1. Intentional felonies (Dolo) committed by
means of deceit or malice Note: If there is lack of freedom, the offender is
2. Culpable felonies (Culpa) where the wrongful exempt from liability.
acts result from imprudence, negligence, lack
of foresight or lack of skill 3. Intelligence means the capacity to know and
understand the consequences of one's act.
Q: What are the distinctions between intentional
felony and culpable felony? Note: If there is lack of intelligence, the offender
is exempt from liability.
A:
Q: What are the requisites of culpa?
DOLO CULPA

Act is malicious Not malicious A:
Injury caused is 1. Criminal negligence on the part of the
unintentional being offender, that is, the crime was the result of
With deliberate intent incident of another act negligence, reckless imprudence, lack of
performed without foresight or lack of skill.
malice 2. Freedom of action on the part of the offender,
that is, he was not acting under duress.
Wrongful act results
3. Intelligence on the part of the offender in
from
Has intention to cause performing the negligent act.
imprudence, negligence,
injury
lack of foresight or lack
Q: What is negligence?
of skill

A: Negligence means deficiency in perception or
Q: What is an act in contemplation of criminal lack of foresight, or failure to pay proper attention
law? and to use due diligence in foreseeing injury or
damage to be caused
A: An act refers to any kind of body movement that
produces change in the outside world it being Q: What is imprudence?
unnecessary that the same be actually produced, as
the possibility of its production is sufficient. A: Imprudence means a deficiency in action or lack
of skill, or failure to take necessary precaution to
Q: What kinds of acts are punishable? avoid injury to another. It usually involves lack of
skill.
A:
7

Q: What is the difference between negligence and

imprudence? Note: In some particular felonies, proof of
specific intent is required to produce the crime
A: In negligence, there is deficiency of action, while such as in frustrated and attempted homicide.
in imprudence, there is deficiency of perception.
Q: Is criminal intent presumed from the
Q: What crimes cannot be committed through commission of an unlawful act?
culpa (negligence or imprudence)?
A: Yes. Criminal intent is always presumed to exist,
A: provided that there is proof of the commission of
1. Murder an unlawful act. This presumption does not arise
2. Treason when the act performed is lawful. Moreover, the
3. Robbery presumption can always be rebutted by proof of
4. Malicious mischief lack of intent.

Q: What is mens rea? From the felonious act of the accused, freely and
deliberately executed, the moral and legal
A: Mens rea is referred to as the gravamen of the presumption of a criminal intent arises conclusively
offense. Mens rea of the crime depends upon the and indisputably, in the absence of evidence to the
elements of the crime. It can only be determined by contrary. (People v. Sia, G.R. No. L-31695,
knowing the particular crime committed. November 26, 1929)

Examples: Q: May a crime be committed without criminal
1. In theft, the mens rea is the taking of the intent?
property of another with intent to gain.
2. In falsification, the mens rea is the A: Yes. A crime may be committed without criminal
effecting of the forgery with intent to intent if such is:
pervert the truth. 1. A culpable felony, wherein intent is
3. In robbery, the mens rea is the taking of substituted by negligence or imprudence
the property of another coupled with the 2. A malum prohibitum or if an act is
employment of intimidation or violence punishable by special law. (1996 Bar
upon persons or things. Question)

Q: What is intent? Q: What is motive?

A: Intent refers to the use of a particular means to A: It is the moving power or force which impels a
effect the desired result. It is a mental state, the person to a desired result.
existence of which is demonstrated by the overt
acts of a person. Q: Is motive determinant of criminal liability?

Q: What are the categories of intent in criminal A: No. Motive alone will not bring about criminal
law? liability because the RPC requires that there must
be an overt act or an omission. When there is
A: motive in the commission of a crime, it always
1. General criminal intent Is presumed from the comes before the intent.
mere doing of a wrong act. This does not
require proof. The burden is upon the Q: When is motive material in determining
wrongdoer to prove that he acted without criminal liability?
such criminal intent.
A: Motive is material when:
Note: In felonies by means of deceit, the third 1. The acts bring about variant crimes
element of voluntariness is a general intent. 2. There is doubt whether the accused
committed the crime, or the identity of
2. Specific criminal intent Is not presumed the accused is doubtful
because it is an ingredient or element of a 3. The evidence on the commission of the
crime, like intent to kill in the crimes of crime is purely circumstantial
attempted or frustrated 4. There is a need to determine whether
homicide/parricide/murder. The prosecution direct assault is present in offenses
has the burden of proving the same. against person in authority committed
CRIMINAL LAW TEAM


BOOK 1: FELONIES
when he is not in the performance of his

official duties Q: What are the factors to be considered in
5. In ascertaining the truth between two imposing a penalty?
antagonistic theories or versions of the
killing A:
6. Where there are no eyewitnesses to the 1. Stages of execution
crime and where suspicion is likely to fall 2. The degree of participation
upon a number of persons. 3. The presence of attending circumstances

Q: Distinguish intent from motive in Criminal law Q: Who are liable for grave or less grave felonies?
(1996 BEQ)
A: The principals, accomplices and even accessories
A:
MOTIVE INTENT Q: When are light felonies punishable?

It is the moving power It refers to the purpose A: GR: Light felonies are punishable only when they
which impels a person to use a particular are consummated. E.g. An attempt to conceal ones
nd
to act for a definite means to achieve the true name under the 2 par. of Art. 178 is not
result desired result punishable.

A crime may be
It is an essential Note: It involves insignificant moral and material
committed without
element of felonies by injuries, if not consummated, the wrong done is
motive. It is not element so slight that a penalty is unnecessary.
dolo
of the crime
Is essential only when XPN: Light felonies are punishable in all
Is essential in stages when committed against persons
the identity of
intentional felonies or property. E.g. A thing stolen with a
perpetrator is in doubt
value that does not exceed 5 pesos which

carries the penalty of arresto menor, may
Note: Good faith does not prevent an act from being a
be the subject of an attempted theft.
crime.

Note: It presupposes moral depravity.
A. CLASSIFICATION OF FELONIES (ART. 9)

Q: What is the importance of classifying the Q: Who are liable in light felonies?
felonies as to their severity?
A: Only the principals and the accomplices are liable
A: To determine: in light felonies. Accessories are not liable for light
1. Whether these felonies can be complexed felonies.
or not
2. The prescription of the crime and the Q: What are the crimes considered as light
felonies?
prescription of the penalty.

Q: What are the classifications of felonies A:
according to their gravity? 1. Slight physical injuries
2. Theft (when the value of thing stolen is less
A: than 5 pesos and theft is committed under the
1. Grave those to which the law attaches the circumstances enumerated under Art. 308
capital punishment or penalties which in any par.3)
of their periods are afflictive, in accordance 3. Alteration of boundary marks
4. Malicious mischief (when the value of the
with Art. 25 of the RPC. (Art. 9, par. 1, RPC)
2. Less grave those which the law punishes with damage does not exceed P200 or cannot be
penalties which in their maximum period are estimated.
correctional, in accordance with Art. 25 of the 5. Intriguing against honor
RPC. (Art. 9, par. 2, RPC)
3. Light those infractions of law for the B. ELEMENTS OF CRIMINAL LIABILITY (Art. 4)
commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos, or Q: How is criminal liability incurred?
both, is provided. (Art. 9, par. 3, RPC)
A: Criminal liability is incurred by any person:
9

1. Committing a felony although the directed, but he was not really the intended
wrongful act done be different from that victim. There was really a mistake in identity.
which he intended. (A, wanting to kill B, killed C instead)
2. Performing an act which would be an 2. Mistake in blow (aberratio ictus) -- A person
offense against persons or property, were directed the blow at an intended victim, but
it not for the inherent impossibility of its because of poor aim, that blow landed on
accomplishment or on account of the somebody else. In aberratio ictus, the
employment of inadequate or ineffectual intended victim and the actual victim are both
means. (Art. 4) at the scene of the crime. (A, shot at B, but
because of lack of precision, hit C instead.)
Q: What are the requisites of Art 4 Par. 1, 3. Injurious consequences are greater than that
committing a felony although the wrongful act intended (praeter intentionem) -- The injury is
done be different from that which he intended? on the intended victim but the resulting
consequence is so grave a wrong than what
A: was intended. It is essential that there is a
1. That an intentional felony has been notable disparity between the means
committed. employed or the act of the offender and the
2. That the wrong done to the aggrieved party be felony which resulted. This means that the
the direct, natural and logical consequence of resulting felony cannot be foreseen from the
the felony committed by the offender. (US v. acts of the offender. (A, without intent to kill,
Brobst, 14 Phil 310) struck the victim on the back, causing the
victim to fall down and hit his head on the
Q: What is meant by direct, natural and logical pavement.)
consequence?
Note: Praeter intentionem is a mitigating
A: circumstance particularly covered by paragraph 3 of
1. Blow was efficient cause of death Article 13.
2. Blow accelerated death
3. Blow was proximate cause of death Note: The three enumerated situations are always the
result of an intentional felony or dolo. These situations
Q: In an act to discipline his child, the father claims do not arise out of criminal negligence.
that the death of his child was not intended by
him. Is his contention correct? Q: What are the distinctions between aberratio
ictus and error in personae?
A: No. He is liable under Art. 4(1) of the RPC. In
order that a person may be criminally liable for a A:
felony different from that which he intended to ABERRATIO ICTUS ERROR IN PERSONAE
commit, it is indispensible (a) that a felony was
A person directed the
committed and (b) that the wrong done to the The victim actually
blow at an intended
aggrieved person be the direct consequence of the received the blow, but
victim, but because of
crime committed by the perpetrator. In beating his he was mistaken for
poor aim, that blow
son and inflicting upon him physical injuries, he another who was not at
landed on somebody
committed a felony. As a direct consequence of the the scene of the crime.
else.
beating suffered by the child, he expired. His
criminal liability for the death of his son, is thus There are only two
clear. (People v. Sales, G.R. No. 177218, October 3, The offender, the
persons present in error
2011) intended victim as well
in personae - the actual
as the actual victim are
(not the intended
Q: What are the causes which may produce a all at the scene of the
victim) and the
result different from that which the offender crime.
offender.
intended?

Q: A and B went on a drinking spree. While they
A:
were drinking, they had some argument so A
1. Mistake in identity (error in personae) -- The
stabbed B several times. As defense is that he had
offender intends the injury on one person but
no intention of killing his friend and that he did
the harm fell on another. The intended victim
not intend to commit so grave a wrong as that
was not at the scene of the crime. It was the
committed. Is praeter intentionem properly
actual victim upon whom the blow was
invoked?
CRIMINAL LAW TEAM


BOOK 1: FELONIES

A: No, because praeter intentionem is mitigating As a rule, the offender is criminally liable for all the
only if there is a notable disparity between the consequences of his felonious act, although not
means employed and the resulting felony. The fact intended, if the felonious act is the proximate cause
that several wounds were inflicted on B is hardly of the felony.
compatible with the idea that he did not intend to
commit so grave a wrong as that committed. Q: What are the requisites of proximate cause?

Q: What is mistake of fact? A:
1. The direct, natural, and logical cause
A: Mistake of fact is the misapprehension of facts 2. Produces the injury or damage
on the part of the person who caused injury to 3. Unbroken by any efficient intervening cause
another. He is not, however, criminally liable, 4. Without which the result would not have
because he did not act with criminal intent. It is occurred
necessary that had the facts been true as the
accused believed them to be, the act is justified. Q: Is proximate cause the same as immediate
Moreover, the offender must believe that he is cause?
performing a lawful act.
A: Not necessarily. Immediate cause may be a cause
Note: Mistake of fact is a defense only in intentional which is far and remote from the consequence
felonies which sets into motion other causes which resulted
in the felony. Proximate cause does not require that
Q: What are the requisites of mistake of fact? the offender needs to actually touch the body of
the offended party. It is enough that the offender
A: generated in the mind of the offended party the
1. That the act done would have been lawful had belief that made him risk himself.
the facts been as the accused believed them to
be Example:
2. That the intention of the accused in
performing the act is lawful X and Y are crew members of cargo vessel.
3. That the mistake must be without fault or They had a heated argument. X with a big knife
carelessness on the part of the accused in hand threatened to kill Y. The victim Y,
believing himself to be in immediate peril,
Q: Ah Chong was afraid of bad elements so one threw himself into the water. X died of
evening, before going to bed, he locked himself in drowning. In this case, Y is liable for homicide
his room and placed a chair against the door. After for the death of Y.
going to bed, he was awakened by someone who
was trying to open the door. He called out, Who Even if other causes cooperated in producing
is there? twice but received no answer. He then the fatal result as long as the wound inflicted is
said, If you enter the room, I will kill you. At that dangerous, that is, calculated to destroy or
moment, he was struck by the chair. Believing he endanger life, the actor is liable.
was being attacked, he took a kitchen knife and
stabbed the intruder who turned out to be his It is important that there be no efficient
roommate. Is he criminally liable? intervening cause.

A: No. There was mistake of fact. Had the facts Q: When is the felony committed not the
been as Ah Chong believed them to be, he would proximate cause of the resulting injury?
have been justified in killing the intruder under
Article 11, paragraph 1, which is self-defense. (US v. A:
Ah Chong, G.R. No. L-5272, March 19, 1910) 1. There is an efficient intervening cause
between the felony committed and the
Q: What is a proximate cause? resulting injury.
2. Resulting injury or damage is due to the
A: Proximate cause has been defined as that cause, intentional act of the victim.
which, in natural and continuous sequence,
unbroken by any efficient intervening cause,
produces the injury, and without which the result
would not have occurred. (People v. Villacorta, G.R.
No. 186412, September 7, 2011)
11

Q: What is an efficient intervening cause? A: No. Taking into account the incubation period of
tetanus toxic, medical evidence were presented
A: It is an intervening active force which is a distinct that tetanus toxic is good only for two weeks. That
act or fact absolutely foreign from the felonious act
if, indeed, the victim had incurred tetanus
of the accused.
poisoning out of the wound inflicted by A, he would
Q: Cruz and Villacorta were regular customers at not have lasted two months. What brought about
Mendejas store. At around two oclock in the tetanus to infect the body of B was his working in
morning of January 23, 2002, while Cruz was his farm using his bare hands. Because of this, the
ordering bread at Mendejas store, Villacorta Supreme Court said that the act of B of working in
suddenly appeared and, without uttering a word, his farm where the soil is filthy, using his own
stabbed Cruz on the left side of Cruzs body using a
hands, is an efficient supervening cause which
sharpened bamboo stick. When Villacorta
fled, Mendeja followed chased but failed to catch relieves A of any liability for the death of B. A, if at
him. When Mendeja returned to her store, she all, is only liable for physical injuries inflicted upon
saw Aron removing the broken bamboo stick from B. (Urbano v. Intermediate Appellate Court, G.R. No.
Cruzs body. Mendeja and Aron then brought Cruz 7296, January 7, 1988)
to Tondo Medical Center and was treated as an
outpatient. Cruz was later brought to the San Q: What circumstances are considered as
Lazaro Hospital on February 14, 2002, where he inefficient intervening causes?
died the following day of tetanus infection
secondary to stab wound. What is the proximate A:
cause for the death of Cruz? 1. The weak physical condition of the victim
2. The nervousness or temperament of the victim
A: The proximate cause of Cruzs death is the 3. Causes which are inherent in the victim, such
tetanus infection, and not the stab wound. There as the victim's inability to swim
had been an interval of 22 days between the date 4. Refusal of the injured party of medical
of the stabbing and the date when Cruz was rushed attendance
to San Lazaro Hospital, exhibiting symptoms of 5. Erroneous or unskillful medical treatment
severe tetanus infection. If Cruz acquired severe
tetanus infection from the stabbing, then the Note: Although the following may have intervened in
symptoms would have appeared a lot sooner than the commission of the crime, the offender is still liable
22 days later. Cruzs stab wound was merely for the resulting crime because the proximate cause is
the remote cause, and its subsequent infection with caused by him.
tetanus might have been the proximate cause of
Cruz's death. The infection of Cruzs stab wound by C. IMPOSSIBLE CRIME [Art. 4 (2)]
tetanus was an efficient intervening cause later or
between the time Cruz was stabbed to the time of Q: What are the requisites of an impossible crime?
his death. (People v. Villacorta, G.R. No. 186412,
September 7, 2011) A:
1. Act performed would be an offense against
Q: A and B had a quarrel and started hacking each persons or property.
other. B was wounded at the back. Cooler heads
intervened and they were separated. Somehow, Note: Kidnapping is a crime against personal
their differences were patched up. A agreed to security and not against person or property
shoulder all the expenses for the treatment of the
wound of B, and to pay him also whatever lost of 2. Act was done with evil intent
income B may have failed to receive. B, on the 3. Accomplishment is inherently impossible or
other hand, signed a forgiveness in favor of A and means employed is either inadequate or
on that condition, he withdrew the complaint that ineffectual
he filed against A. After so many weeks of 4. Act performed should not constitute a
treatment in a clinic, the doctor pronounced the violation of another provision of RPC
wound already healed. Thereafter, B went back to
his farm. Two months later, B came home and he Note: The offender must believe that he can
was chilling. Before midnight, he died out of consummate the intended crime. A man stabbing
tetanus poisoning. The heirs of B filed a case of another who he knew was already dead cannot be
homicide against A. Is A liable? liable for an impossible crime.

CRIMINAL LAW TEAM


BOOK 1: FELONIES
Q: What is the essence of an impossible crime? factual situation in this case presents a physical
impossibility which rendered the intended crime
A: The essence of an impossible crime is the impossible of accomplishment. Under Art. 4 of the
inherent impossibility of accomplishing the crime or
RPC, such is sufficient to make the act an impossible
the inherent impossibility of the means employed
to bring about the crime. crime (Intod v. CA, G.R. No. 103119, October 21,
1992)
Q: What is inherent impossibility?
Q: A, a collector of Mega Foam failed to remit to
A: Inherent impossibility means that under any and the company a check which was given to him as
all circumstances, the crime could not have payment for a merchandise. She tried to deposit
materialized. the check, but he found out that the check
bounced. What crime was committed?
Q: What are the two kinds of inherent
impossibility? A: The crime committed is an impossible crime of
theft. The evil intent cannot be denied, as the mere
A: act of unlawfully taking the check meant for Mega
1. Legal impossibility which occurs where the Foam showed her intent to gain or be unjustly
intended acts, even if completed would not enriched. Were it not for the fact that the check
amount to a crime. E.g. killing a dead person. bounced, she would have received the face value
2. Physical impossibility where extraneous thereof, which was not rightfully hers. Therefore, it
circumstances unknown to the accused was only due to the extraneous circumstance of the
prevent the consummation of the intended check being unfunded, a fact unknown to the
crime. E.g. pick pocketing an empty wallet. accused at the time, that prevented the crime from
being produced. The thing unlawfully taken by the
Q: What is the penalty to be imposed on accused turned out to be absolutely worthless,
impossible crimes? because the check was eventually dishonored, and
Mega Foam had received the cash to replace the
A: The law imposes penalties to such crimes, having value of said dishonored check. (Jacinto v. People,
in mind the social danger and the degree of G.R. No. 162540, July 2009)
criminality shown by the offender. The penalty
imposed shall be that of arresto mayor or a fine Q: Buddy always resented his classmate, Jun. One
ranging from 200 to 500 pesos. day, Buddy planned to kill Jun by mixing poison in
his lunch. Not knowing where he can get poison,
Q: What is the reason for penalizing impossible he approached another classmate Jerry to whom
crimes? he disclosed his evil plan. Because he himself
harbored resentment towards Jun, Jerry gave
A: To teach the offender a lesson because of his Buddy a poison, which Buddy placed on Jun's food.
criminal perversity. Although objectively, no crime However, Jun did not die because, unknown to
is committed, but subjectively, he is a criminal. both Buddy and Jerry, the poison was actually
powdered milk. What crime or crimes, if any, did
Note: It is a principle of criminal law that the offender Jerry and Buddy commit?
will only be penalized for an impossible crime if he
cannot be punished under some other provision of the A: Jerry and Buddy are liable for the so-called
RPC. An impossible crime is a crime of last resort. impossible crime because, with intent to kill, they
tried to poison Jun and thus perpetrate murder, a
Q: Four culprits, all armed with firearms and with crime against persons. Jun was not poisoned only
intent to kill, went to the intended victims house because the would-be killers were unaware that
and after having pinpointed the latters bedroom, what they mixed with the food of Jun was
all four fired at and riddled said room with bullets, powdered milk, not poison. Criminal liability is
thinking that the intended victim was already incurred by them although no crime resulted,
there as it was about 10:00 in the evening. It so because their act of trying to poison Jun is criminal.
happened that the intended victim did not come (1998 Bar Question)
home on the evening and so was not in her
bedroom at that time. Was it an impossible crime Q: Is impossible crime a formal crime?
or attempted murder?
A: Yes. By its very nature, an impossible crime is a
A: The Supreme Court held that the culprits are formal crime. It is either consummated or not
liable only for the so-called impossible crime. The
13

consummated at all. There is therefore no

attempted or frustrated impossible crime. Note: The penalties are graduated according to their
degree of severity. The stages may not apply to all
Q: Distinguish impossible crime from kinds of felonies. There are felonies which do not
unconsummated felonies (attempted or frustrated admit of division.
felony)
Q: What are the formal crimes?
A:
A: Formal crimes are those consummated in one
UNCONSUMMATED
IMPOSSIBLE CRIMES instance and do not admit of division.
FELONIES

Intent is not Intent is not Q: What are the phases of felony?
accomplished accomplished
A:
Intent of the offender has Intent of the offender, 1. Subjective phase that portion of execution of
possibility of cannot be the crime starting from the point where the
accomplishment accomplished offender begins up to that point where he still
Intent cannot be has control over his acts. If the subjective
accomplished because phase has not yet passed, the felony would be
Accomplishment is a mere attempt. If it already passed, but the
it is inherently
prevented by the felony is not produced, as a rule, it is
impossible to
intervention of certain frustrated.
accomplish or because
cause or accident in
the means employed
which the offender had Note: If it reaches the point where he has no
by the offender is
no part more control over his acts, the subjective phase
inadequate or
has passed.
ineffectual

2. Objective phase results of the acts of
D. STAGES OF EXECUTION (Art. 6) execution, that is, the accomplishment of the
crime.
Q: What are the stages in committing a crime?
Note: If the subjective and objective phases are
A: present, there is consummated felony.
1. Internal Acts - mere ideas in the mind of a
person, not punishable even if, had they been Q: When is a felony consummated?
carried out, they would constitute a crime
2. External Acts include (a) preparatory acts and A: A felony is consummated when all the acts
(b) acts of execution necessary for its accomplishment and execution are
a. Preparatory acts - those that do not have present.
a direct connection with the crime which
the offender intends to commit. These Q: When is a felony frustrated?
are ordinarily not punishable except when
expressly provided for. A: A felony is frustrated when the offender
b. Acts of execution those punishable performs all the acts of execution which would
under the Revised Penal Code produce the felony as a result, but which
nevertheless do not produce it by reason of causes
Q: What are the classifications of felonies independent of the will of the perpetrator.
according to the stage of execution?
Q: What crimes do not admit of a frustrated stage?
A:
1. Consummated, A:
2. Frustrated, and 1. Rape the gravamen of the offense is carnal
3. Attempted knowledge, hence, the slightest penetration to
the female organ consummates the felony.
Q: What is the purpose of the classification of 2. Corruption of public officers mere acceptance
felonies? of the offer consummates the crime.
3. Physical injury consummated at the instance
A: To bring about a proportionate penalty and the injuries are inflicted.
equitable punishment.
CRIMINAL LAW TEAM


BOOK 1: FELONIES
4. Adultery the essence of the crime is sexual 1. The manner of committing the crime
congress. 2. The elements of the crime
5. Theft the essence of the crime is the 3. The nature of the crime itself
possession of the thing, once the thing has
been taken or in the possession of the person, Q: What is the distinction between attempted and
the crime is consummated. frustrated felony?

Q: When is a felony attempted? A: The difference between the attempted stage and
the frustrated stage lies on whether the offender
A: There is an attempt when the offender has performed all the acts of execution for the
commences the commission of a felony directly by accomplishment of a felony.
overt acts, and does not perform all the acts of
execution which should produce the felony by Literally, under the article, if the offender has
reason of some cause of accident other than his performed all the acts of execution which should
own spontaneous desistance. produce the felony as a consequence but the felony
was not realized, then the crime is already in the
Note: The word directly emphasizes the requirement frustrated stage.
that the attempted felony is that which is directly If the offender has not yet performed all the acts of
linked to the overt act performed by the offender not execution but he was not able to perform all the
the felony he has in his mind. acts of execution due to some cause or accident
other than his own spontaneous desistance, then it
Q: What are overt acts? is an attempted felony.

A: Overt acts are some physical activity or deed, Q: What are the distinctions between attempted,
indicating the intention to commit a particular frustrated and consummated felony?
crime, more than mere planning or preparation,
which if carried to its complete termination A:
following its natural course, without being
CONSUMMATE
frustrated by external obstacles nor by the ATTEMPTED FRUSTRATED
D
voluntary desistance of the perpetrator, will
logically and necessarily ripen into a concrete Not all acts of All the acts of All the acts of
offense. execution execution execution have
have been have been been
Q: What is an indeterminate offense? committed. committed. committed.

A: It is where the purpose of the offender in The crime The crime The crime is
performing an act is not certain. Its nature and has NOT has NOT accomplished.
relation to its objective is ambiguous. been been
accomplished accomplished
Q: A person enters the dwelling of another. . .
However, at the very moment of his entry and
before he could do anything, he is already Q: What are the instances wherein the stages of a
apprehended by the household members, can he crime will not apply?
be charged with attempted robbery?
A:
A: No. He can only be held liable for attempted 1. Offenses punishable by Special Penal Laws,
robbery when he has already completed all acts unless otherwise provided for.
performed by him directly leading to robbery. 2. Formal crimes (e.g., slander adultery, etc.)
However, the act of entering alone is not yet 3. Impossible crimes
indicative of robbery although that may be what he 4. Crimes consummated by mere attempt (e.g.,
may have planned to commit. He may be held liable attempt to flee to an enemy country, treason,
for trespassing. corruption of minors)
5. Felonies by omission
Q: What are the criteria involved in determining 6. Crimes committed by mere agreement (e.g.,
the stage (whether it be in the attempted, betting in sports, corruption of public officers)
frustrated or consummated stage) of the
commission of a felony?

A:
15

Q: What are formal crimes? design or purpose. (Franco v. People, G.R. No.
171328, February 16, 2011)
A: Crimes which are consummated in one instance
and thus do not admit of stages e.g. physical 2. Conspiracy as a basis of incurring criminal
injuries, false testimony, oral defamation. liability When the conspiracy is only a basis
of incurring criminal liability, there must be an
E. CONSPIRACY AND PROPOSAL (Art.8) overt act done before the co-conspirators
become criminally liable.
Q: What is conspiracy?
Q: Juan and Arturo devised a plan to murder Joel.
A: Conspiracy exists when two or more persons In a narrow alley near Joel's house, Juan will hide
come to an agreement concerning the commission behind the big lamppost and shoot Joel when the
of a felony and decide to commit it. latter passes through on his way to work. Arturo
will come from the other end of the alley and
Note: GR: When conspiracy exists, the degree of simultaneously shoot Joel from behind. On the
participation of each conspirator is not considered appointed day, Arturo was apprehended by the
because the act of one is the act of all, they have equal authorities before reaching the alley. When Juan
criminal responsibility. shot Joel as planned, he was unaware that Arturo
was arrested earlier. Discuss the criminal liability
XPN: Even though there was conspiracy, if a co- of Arturo, if any.
conspirator merely cooperated in the commission
of the crime with insignificant or minimal acts, A: Arturo being one of the two who devised the
such that even without his cooperation, the crime plan to murder Joel, thereby becomes co-principal
could be carried out as well, such co-conspirator
by direct conspiracy. What is needed only is an
should be punished as an accomplice only.
overt act and both will incur criminal liability.
(People v. Niem, G.R. No. 521, Dec. 20, 1945)
Arturo's liability as a conspirator arose from his

XPN to the XPN: When the act constitutes a participation in jointly devising the criminal plan
single indivisible offense. with Juan, to kill Jose and it was pursuant to that
conspiracy that Juan killed Joel. There being a
Q: What are the requisites of conspiracy? conspiracy, the act of one is the act of all. Arturo,
therefore, should be liable as a co-conspirator but
A: the penalty on him may be that of an accomplice
1. Two or more persons came to an agreement only because he was not able to actually participate
2. Agreement concerned the commission of a in the shooting of Joel, having been apprehended
crime before reaching the place where the crime was
3. Execution of a felony was decided upon committed. (1998 Bar Question)

Note: Mere knowledge, acquiescence to, or approval Q: What is the effect of conspiracy if not all the
of the act, without cooperation or at least, agreement elements of the crime is present as regards the co-
to cooperate, is not enough to constitute a conspiracy. conspirator?

Q: What are the two kinds of conspiracy? A: GR: When there is conspiracy, the fact that the
element of the offense is not present as regards
A: one of the conspirators is immaterial.
1. Conspiracy as a crime The mere conspiracy is
the crime itself. This is only true when the law XPN:
expressly punishes the mere conspiracy, 1. In parricide the element of
otherwise, the conspiracy does not bring about relationship must be present as
the commission of the crime because regards the offenders.
conspiracy is not an overt act but a mere 2. In murder where treachery is an
preparatory act. element of the crime, all offenders
must have knowledge of the
Note: Conspiracy must be proven on the same employment of the treachery at the
quantum of evidence as the felony subject of the time of the execution of the act.
agreement of the parties. It may be proved by
direct or circumstantial evidence consisting of Q: What are the two ways in committing
acts, words, or conduct of the alleged conspiracy?
conspirators prior to, during and after the
commission of the felony to achieve a common A:
CRIMINAL LAW TEAM


BOOK 1: FELONIES
1. Express Conspiracy - There is an express

agreement. Q: What is proposal?
2. Implied Conspiracy - the offenders acted in
concert in the commission of the crime. Their A: Proposal exists when the person who has
acts are coordinated or synchronized in a way decided to commit a felony proposes its execution
indicative that they are pursuing a common to some other person or persons.
criminal objective, and they shall be deemed
to be acting in conspiracy and their criminal Note: The following are the requisites of proposal:
liability shall be collective, not individual. 1. A person has decided to commit a felony
2. He proposes its execution to other person or
Q: What are the legal effects of implied conspiracy persons
(2003 BEQ)? 3. The proposal need not be accepted or else it
shall be a conspiracy
A:
1. Not all those who are present at the scene will Q: Is proposal and conspiracy to commit felony
be considered as conspirators punishable?
2. Only those who participated by criminal acts in
the commission of the crime will be considered A: GR: Conspiracy and proposal to commit a felony
as co-conspirators are not punishable because they are mere
3. Mere acquiescence to or approval of the preparatory acts.
commission of the crime, without any act of
criminal participation, shall not render one XPN: Except in cases in which the law
criminally liable as co-conspirator. (UP specifically provides a penalty thereof, i.e.
Complex, Answers to Bar Questions) Treason, rebellion and coup detat

Note: In order to hold someone criminally liable, Note: If there is conspiracy to commit Rebellion,
in addition to mere presence, there should be and Rebellion is thereafter committed, the
overt acts that are closely-related and accused is liable only for REBELLION, the
coordinated to establish the presence of common conspiracy now being merely proof of the
criminal design and community of purpose in the Rebellion.
commission of the crime.
Q: What are the distinctions between conspiracy
Q: In conspiracy, is it required to prove a previous and proposal to commit a felony?
agreement to commit a crime?
A:
A: No. In conspiracy, it is not necessary to adduce CONSPIRACY PROPOSAL
direct evidence of a previous agreement to commit
It exists when two or There is proposal when
a crime. Proof of a previous agreement and decision
more persons come to an the person who has
to commit the crime is not essential but the fact
agreement concerning decided to commit a
that the malefactors acted in unison pursuant to
the commission of a felony proposes its
the same objective suffices. (People v. Agacer et al.,
felony and decide to execution to some other
G.R. No. 177751, December 14, 2011)
commit it. person or persons.

Q: Does conspiracy exist when the acts of the Proposal is true only up
accused were caused by their being frightened by to the point where the
Once the proposal is
the police officers who were allegedly in full battle party to whom the
accepted, a conspiracy
gear and the fortuitous and unexpected character proposal was made has
arises.
of the encounter and the rapid turn of events? not yet accepted the
proposal.
A: Yes. The rapid turn of events cannot be Proposal is unilateral,
Conspiracy is bilateral, it
considered to negate a finding of conspiracy. Unlike one party makes a
requires two parties.
evident premeditation, there is no requirement for proposition to the other.
conspiracy to exist that there be a sufficient period
of time to elapse to afford full opportunity for F. MULTIPLE OFFENDERS
meditation and reflection. Instead, conspiracy (Differences, Rules and Effects)
arises on the very moment the plotters agree,
expressly or impliedly, to commit the subject 1. Recidivism the offender at the-time of
felony. (People v. Carandang et al., G.R. his trial for one crime shall have been
No. 175926, July 6, 2011) previously convicted by final judgment of
17

another embraced in the same title of the Note: When the offender is a recidivist and at the
RPC. same time a habitual delinquent, the penalty for the
crime for which he will be convicted will be increased
Note: It is important that the conviction to the maximum period, unless offset by a mitigating
which came earlier must refer to the crime circumstance. After determining the correct penalty
committed earlier than the subsequent for the last crime committed, an added penalty will be
conviction. imposed in accordance with Article 62.

2. Reiteracion the offender has been Q: Can a convict be a habitual delinquent without
previously punished for an offense which being a recidivist?
the law attaches an equal or greater
penalty or for two or more crimes to A: Yes. When no two of the crimes committed are
which it attaches a lighter penalty. embraced in the same title of the Code.

3. Habitual delinquency the offender Q: What are the additional penalties for habitual
within the period of 10 years from the delinquency?
date of his release or last conviction of
the crimes of serious or less serious A:
rd
physical injuries, robbery, theft, estafa or 1. Upon 3 conviction Prision correcional in its
falsification, is found guilty of any of the medium and maximum periods
th
said crimes a third time or oftener. (Art. 2. Upon 4 conviction Prision mayor in its
62, RPC) medium and minimum periods
th
3. Upon 5 or additional conviction Prision
4. Quasi-recidivism Any person who shall mayor in its minimum period to Reclusion
commit a felony after having been temporal in its minimum period
convicted by final judgment before
beginning to serve such sentence or while Note: The total penalties must not exceed 30 years.
serving such sentence shall be punished
by the maximum period prescribed by law Q: What are total penalties?
for the new felony.
A: Total penalties refer to the penalties:
Q : What are the requisites of habitual 1. For the last crime of which he is found
delinquency as an aggravating circumstance? guilty;
2. Additional penalty.
A:
1. Within a period of ten years from the date of Note: The imposition of additional penalty for
his release or last conviction of the crimes habitual delinquency is constitutional because it
is neither an ex post facto law nor an additional
2. Of the crime of serious or less serious physical
punishment for former crimes. It is simply a
injuries, robbery, theft, estafa or falsification.
punishment on future crimes, the penalty being
3. He is found guilty of said crimes a third time or
enhanced on account of the criminal propensities
oftener. of the accused. (People v. Montera, 55 Phil 933)

Q: Can an offender be a recidivist and a habitual Q: What are the elements of quasi-recidivism?
delinquent at the same time?
A:
A: Yes. 1. Offender was already convicted by final
judgment of one offense
Illustration: 2. He committed a new felony before beginning
to serve such sentence or while serving the
st
If the 1 conviction is for serious physical same
injuries or less serious physical injuries and the
nd
2 conviction is for robbery, theft or estafa Note: The offender must be serving sentence by virtue
rd
and the 3 is for falsification, then the of final judgment to trigger the application of Art. 160,
moment the habitual delinquent is on his on quasi recidivism.
fourth conviction, he is a habitual delinquent
and at the same time a recidivist because at Q: When is quasi recidivism applicable?
least, the fourth time will have to fall under
any of the three categories.

CRIMINAL LAW TEAM


BOOK 1: FELONIES
A: Art. 160 applies although the next offense is three inmates who were confined in the prison
different in character from the former offense for hospital, resulting in the death of one and the
which the defendant is serving sentence. It makes infliction of numerous stabs on the others. After
no difference whether the crime for which an said incident, the defendants voluntarily
accused is serving sentence at the time of the surrendered to the authorities and plead guilty to
commission of the offense charged, falls under the said crimes. The lower court found the defendants
RPC or under a special law. guilty of the crime of murder and imposed the
penalty of death. On automatic review by the
Q: The CFI of Rizal found the defendants guilty of Supreme Court, defendants contend that they
the crime of murder and imposed upon them the should have been given the benefit of the
penalty of death by reason of the existence of mitigating circumstances of voluntary surrender
special aggravating circumstance of quasi- and plea of guilty. Is their argument correct?
recidivism. On automatic review by the Supreme
Court, the counsel of the defendants contends that A: No, as quasi-recidivism cannot be offset by
the allegation of quasi-recidivism in the ordinary mitigating circumstances. Quasi-recidivism
Information is ambiguous, as it fails to state is a special aggravating circumstance which imposes
whether the offenses for which the defendants the maximum of the penalty for the new offense.
were serving sentence at the time of the Article 160 specifically provides that the offender
commission of the crime charged were penalized shall be punished by the maximum period of the
by the Revised Penal Code, or by a special law. Is penalty prescribed by law for the new felony.
the argument of the counsel correct? Notwithstanding, therefore, the existence of
mitigating circumstances of voluntary surrender
A: No, as it makes no difference, for purposes of the and plea of guilty, the imposition of the supreme
effect quasi-recidivism, under Article 160 of the penalty is in order (People vs. Alicia and Bangayan,
Revised Penal Code, whether the crime for which G.R. No. L-38176, 1980).
an accused is serving sentence at the time of the
commission of the offense charged, falls under said Q: Defendants-appellants, inmates of Davao Penal
Code or under a special law (People vs. Peralta, et. Colony and while serving sentence therein, were
al., G.R. No. L-15959, 1961). found guilty of the crime of murder for killing one
Regino Gasang. In imposing the penalty, the trial
Q: Defendant-appellant, while serving sentence court sentenced them to suffer the penalty of
for the crime of homicide, killed one Sabas Aseo, death, appreciating against all the defendants the
for which the CFI of Manila found him guilty with special aggravating circumstance of quasi-
the crime of murder, meting him the penalty of recidivism and to two of them the aggravating
death. On appeal to the Supreme Court, appellant circumstance of reiteracion. Is the trial court
contend that the CFI erred in applying Article 160 correct?
of the RPC as it is applicable only when the new
crime which is committed by a person already A: No. It was error for the trial judge to consider
serving sentence is different from the crime for against the accused the aggravating circumstance
which he is serving sentence. Is the defendant of having been previously punished for two or more
correct? crimes to which the law attaches lighter penalties
because the said aggravating circumstance of
A: No, as the new offense need not be different or "reiteracion" requires that the offender against
be of different character from that of the former whom it is considered shall have served out his
offense. The deduction of the appellant from the sentences for the prior offenses. Here all the
headnote of Article 160 of the word another is accused were yet serving their respective sentences
not called for. The language is plain and ambiguous. at the time of the commission of the murder.
There is not the slightest intimation in the text of However, the special circumstance of quasi-
article 160 that said article applies only in cases recidivism was correctly considered against all the
where the new offense is different in character accused who were at the time of the commission of
from the former offense for which the defendant is the offense were undoubtedly serving their
serving the penalty. Hence, even if he is serving respective sentences (People vs. Layson, et. al., G.R.
sentence for homicide and was later found to be No. L-25177, 1969).
guilty of murder, Article 160 applies (People vs.
Yabut, G.R. No. 39085, 1933).

Q: While serving sentence for robbery in the New
Bilibid Prisons, defendants attacked and stabbed
19

Q: When can a quasi-recidivist be pardoned?

Q: Can Quasi-Recidivism and Reiteracion co-exist?
A: GR:
1. When he has reached the age of 70 and A: No. QUASI-RECIDIVISM refers to a situation
has already served out his original where the second crime is committed DURING the
sentence, or service of sentence for the first crime. REITERACION
2. When he shall complete it after reaching refers to a situation where the second crime is
said age committed AFTER service of sentence for the first
crime.
XPN: Unless by reason of his conduct or
other circumstances, he shall not be
worthy of such clemency.

Q: What are the differences between reiteracion, recidivism, habitual delinquency, and quasi recidivism?

A:
Reiteracion Recidivism Habitual Delinquency Quasi-Recidivism
It is necessary that the It is enough that a final Within a period of 10 Felony was committed
offender shall have judgment has been years from the date of after having been
served out his sentence rendered in the first release or last conviction convicted by final
for the first offense offense of the crimes covered, he judgment of an offense,
is found guilty of any of before beginning to serve
said crimes a third time or sentence or while serving
oftener the same
The previous and Requires that the Crimes covered are First and subsequent
subsequent offenses offenses be included in serious or less serious conviction may or may
must not be embraced by the same Title of the physical injuries, robbery, not be embraced by the
the same Title of the RPC Code theft, estafa and same title of the RPC
falsification
Not always aggravating; It increases the penalty to Shall suffer additional Shall be punished by the
discretion of the court to its maximum period penalty maximum period of the
appreciate penalty prescribed by law
for the new felony
Includes offenses under Felonies under RPC only Limited to serious or less First crime for which the
special law serious physical injuries, offender is serving
robbery, theft, estafa and sentence need not be a
falsification crime under the RPC but
the second crime must be
one under the RPC
A generic aggravating A generic aggravating Extraordinary aggravating Special aggravating
circumstance circumstance circumstance which circumstance which may
cannot be offset by a be offset by special
mitigating circumstance privileged mitigating
circumstances not by
ordinary mitigating
circumstances

Note: If recidivism and reiteracion are both present, appreciate only recidivism because it is easier to prove.

A: It is the successive execution by the same
G. COMPLEX CRIMES vis SPECIAL COMPLEX individual of different criminal acts upon any of
CRIMES which no conviction has yet been declared

COMPLEX CRIMES Q: What are the kinds of plurality of crimes?
(Art. 48)
A:
Q: What is plurality of crimes? 1. Formal or ideal only one criminal
liability
CRIMINAL LAW TEAM


BOOK 1: FELONIES
2. Rape with homicide,

a. Complex crime defined in Art 48 3. Kidnapping with rape,
b. When the law specifically fixes a 4. Kidnapping with homicide,
single penalty for 2 or more offenses 5. Kidnapping with physical injuries,
committed 6. Robbery with homicide,
c. Continued crimes 7. Robbery with rape,
2. Real or material there are different 8. Robbery with physical injuries,
crimes in law and in the conscience of the 9. Robbery with arson,
offender. In such cases, the offender shall
be punished for each and every offense Q: Distinguish between an ordinary complex crime
that he committed and a special complex crime as to their concepts
and as to the imposition of penalties.
Q: What is a complex crime?
A: As to concept, an ordinary complex crime is
A: A complex crime exists when two or more crimes made up of two or more crimes being punished in
are committed but they constitute only one crime distinct provisions of the Revised Penal Code but
in the eyes of the law. Here, there is only one alleged in one information either because they
criminal intent hence, only one penalty is imposed were brought about by a single felonious act or
because one offense is a necessary means for
Q: What are the kinds of complex crimes? committing the other offense or offenses. They are
alleged in one information so that one penalty shall
A: be imposed. A special complex crime on the other
1. Compound crime when a single act hand, is made up of two or more crimes which are
constitutes two or more grave or less grave considered only as components of a single
felonies. indivisible offense being punished in one provision
Requisites: of the Revised Penal Code.
a. Only a single act is performed by the
offender As to penalties, in ordinary complex crime, the
b. The single act produces: penalty for the most serious crime shall be imposed
i. Two or more grave felonies and in its maximum period. In special complex
ii. One or more grave and one or crime, only one penalty is specifically prescribed for
more less grave felonies all the component crimes which are regarded as
iii. Two or more less grave felonies. one indivisible offense. The component crimes are
not regarded as distinct crimes and so the penalty
2. Complex crime proper when an offense is the for the most serious crime is not the penalty to be
necessary means for committing the other. imposed not in its maximum period. It is the
Requisites: penalty specifically provided for the special complex
a. At least two offenses are committed crime that shall be applied according to the rules on
b. One or some of the offenses must be imposition of the penalty. (UP Law Complex,
necessary to commit the other Suggested Answers to Bar Questions) (2003 Bar
c. Both or all the offenses must be Question)
punished under the same statute
Q: When is there no complex crime?
Note: Only one penalty is imposed for complex
crimes because there is only one criminal act, A:
thus, there should only be one information 1. When one offense is committed to conceal the
charging a complex crime. other
2. When one crime is an element of the other, for
3. Special complex crime or Composite crime is in that case, the former shall be absorbed by
one in which substance is made up of more the latter. E.g. trespassing which is an element
than one crime, but which in the eyes of the of the robbery with force upon things
law is only a single indivisible offense. 3. When the crime has the same elements as the
other crime committed E.g. estafa and
Q: What are the examples of special complex falsification of private documents have the
crimes? same element of damage. Thus there is no
complex crime of estafa through falsification of
A: private document
1. Qualified piracy, when piracy is accompanied by
murder, homicide, physical injuries or rape,
21

4. When one of the offenses is penalized by a A: Yes. If there was conspiracy between the
special law offender/ offenders committing the rebellion. By
5. In continued crimes conspiracy, the crime of one would be the crime of
the other and vice versa. This is possible because
Q: What is the penalty for complex crimes under the offender in coup dtat may be any person or
Article 48? persons belonging to the military or the national
police or a public officer, whereas rebellion does
A: GR: When a complex crime is committed, the not so require. Moreover, the crime coup dtat
penalty for the most serious crime in its maximum may be committed singly, whereas rebellion
period shall be imposed. requires a public uprising and taking up arms to
overthrow the duly constituted government. Since
XPN: When the law imposes a single penalty the two crimes are essentially different and
for special complex crimes. punished with distinct penalties, there is no legal
impediment to the application of Art. 48 of the
Q: What is a continuing crime? Revised Penal Code. (2003 Bar Question)

A: It is a single crime, consisting of a series of acts Q: Can there be a complex crime of coup detat
but arising from one criminal resolution. with sedition?

Q: What is a continued crime? A: Yes, coup d'tat can be complexed with sedition
because the two crimes are essentially different
A: Here, the offender is impelled by a single and distinctly punished under the Revised Penal
criminal impulse but committed a series of acts at Code. Sedition may not be directed against the
about the same time in about the same place and government or non-political in objective, whereas
all the overt acts violate one and the same coup d'tat is always political in objective as it is
provision law. e.g. theft of 13 cows belonging to directed against the government and led by persons
different owners committed by the accused at the or public officer holding public office belonging to
same place and at the same time. the military or national police. Art. 48 of the Code
may apply under the conditions therein provided.
Q: Can there be a complex crime of coup dtat (2003 Bar Question)
with rebellion?

CRIMINAL LAW TEAM


BOOK 1: CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY
III. CIRCUMSTANCES WHICH AFFECT CRIMINAL A: The accused. The circumstances mentioned in
LIABILITY Article 11 are matters of defenses so that it is
incumbent upon the accused, in order to avoid
Q: What are the circumstances affecting criminal criminal liability, to prove the justifying
liability? circumstances claimed by him to the satisfaction of
the court. El incombit probotion qui decit non qui
A: JEMAA negat (He who asserts, not he who denies, must
1. Justifying circumstances prove).
2. Exempting circumstances
3. Mitigating circumstances SELF-DEFENSE .
4. Aggravating circumstances
5. Alternative circumstances Q: What rights are included in self-defense?

Q: What are the other two circumstances found in A: Self-defense includes not only the defense of the
the RPC affecting criminal liability? person or body of the one assaulted but also that of
his rights, the enjoyment of which is protected by
A: law. Thus, it includes:
1. Absolutory cause has the effect of an 1. Defense of the person
exempting circumstance and it is predicated 2. Defense of rights protected by law
on lack of voluntariness such as instigation 3. The right to honor.

Example: In cases of instigation and in case a Note: Hence, a slap on the face is
relative of a principal is charged as an considered as unlawful aggression since the
accessory, he is exempt from criminal liability. face represents a person and his dignity. It is
a serious, personal attack (Rugas v. People,
2. Extenuating circumstances has the effect of G.R. No. 147789, Jan.14, 2004)
mitigating the criminal liability of the offender
4. The defense of property rights can be
Example: In case of infanticide, concealment invoked if there is an attack upon the
of dishonor is an extenuating circumstance property although it is not coupled with
insofar as the pregnant woman and the an attack upon the person of the owner
maternal grandparents are concerned. of the premises. All the elements for
Abortion under Art. 258 would also mitigate justification must however be present.
the liability of the pregnant woman if the (People v. Narvaez, G.R. Nos. L-33466-67,
purpose is to conceal dishonor but such is not Apr. 20, 1983)
available to the parents of the pregnant 5. Self-defense in libel. Physical assault may
woman. be justified when the libel is aimed at the
persons good name, and while the libel is
JUSTIFYING CIRCUMSTANCES . in progress, one libel deserves another.
(Art. 11) .
Note: What is important is not the duality of the attack
Q: What are justifying circumstances? but whether the means employed is reasonable to
prevent the attack.

A: They are those acts of a person said to be in
Q: Why is self-defense justified?
accordance with law, such that a person is deemed

not to have transgressed the law and is free from
A: It is impossible for the State to protect all its
both criminal and civil liability. They are:
citizens. Also, a person cannot just give up his rights
1. Self-defense
without resistance being offered.
2. Defense of relatives

3. Defense of stranger
Q: What is the meaning of stand ground when
4. Avoidance of greater evil or injury
right?
5. Fulfillment of duty or exercise of right or

office
A: The law does not require a person to retreat
6. Obedience to an order of a superior
when his assailant is rapidly advancing upon him

with a deadly weapon, because he runs the risk of
Q: Who has the burden of proving the existence of
being attacked in the back by the aggressor.
justifying circumstances?

Q: What are the effects of self-defense?
23

A:
A: 1. Actual or material unlawful aggression which
1. When all the elements are present the means an attack with physical force or with a
person defending himself is free from criminal weapon, an offensive act that positively
liability and civil liability. determines the intent of the aggressor to
2. When only a majority of the elements are cause the injury;
present privileged mitigating circumstance 2. Imminent unlawful aggression which is an
provided there is unlawful aggression. attack that is impending or at the point of
happening; it must not consist in a mere
Q: What is the nature of self-defense? threatening attitude. (People vs. Mapait, G.R.
No. 172606, November 23, 2011)
A: The rule consistently adhered to in this
jurisdiction is that when the accuseds defense is Q: What kind of threat will amount to unlawful
self-defense he thereby admits being the author of aggression?
the death of the victim, thus it becomes incumbent
upon him to prove the justifying circumstance to A: In case of threat, it must be offensive and strong,
the satisfaction of the court. (People v. Del Castillo positively showing the wrongful intent to cause
et al., G.R. No. 169084, January 18, 2012) injury. It presupposes actual, sudden, unexpected
or imminent dangernot merely threatening and
Q: What are the requisites of self-defense? intimidating action. It is present only when the one
attacked faces real and immediate threat to ones
A: life. (People v Maningding, G.R. No. 195665,
1. Unlawful aggression September 14, 2011 reiterating People v. Gabrino
2. Reasonable necessity of the means employed and People v. Manulit)
to prevent or repel it
3. Lack of sufficient provocation on the part of Q: What is the test for the presence of unlawful
the person defending himself aggression in self defense?

Q: What must the nature of the unlawful A: The test for the presence of unlawful aggression
aggression be in order to successfully invoke self under the circumstances is whether the aggression
defense? from the victim put in real peril the life or personal
safety of the person defending himself. (People v.
A: For unlawful aggression to be appreciated, there Mapait, ibid.)
must be an actual, sudden and unexpected attack,
or imminent danger thereof, not merely a Q: What is the effect if there was a mistake of fact
threatening or intimidating attitude and the on the part of the accused?
accused must present proof of positively strong act
of real aggression. (People v. Sabella y Bragais, G.R. A: In relation to mistake of fact, the belief of the
No. 183092, May 30, 2011; People v. Campos and accused may be considered in determining the
Acabo, G.R. No. 176061, July 4, 2011) existence of unlawful aggression.

Note: There is no unlawful aggression when there was Example: There is self- defense even if the
an agreement to fight and the challenge to fight has aggressor used a toy gun provided that the accused
been accepted. But aggression which is ahead of a believed it to be a real gun.
stipulated time and place is unlawful.
Q: Who must have done the unlawful aggression?
Q: What are the elements of unlawful aggression?
A: In order to constitute an element of self-defense,
A: There are three elements of unlawful aggression: the unlawful aggression must come, directly or
(a) There must be a physical or material indirectly, from the person who was subsequently
attack or assault; attacked by the accused. (People v. Gutierrez, G.R.
(b) The attack or assault must be actual, or, No. 31010, September 26, 1929)
at least, imminent; and
(c) The attack or assault must be unlawful. Q: A claims that the death of B was an accident
(People vs. Mapait, G.R. No. 172606, and his act was just for self defense when his
November 23, 2011) revolver accidentally hit the victim while he was
struggling the same with his real enemy, C. Is his
Q: What are the two kinds of unlawful aggression? contention correct?

CRIMINAL LAW TEAM



A: No. In this case, A was not repelling any unlawful A: No. The person defending himself cannot be
aggression from B, thereby rendering his plea of expected to think clearly so as to control his blow.
self-defense unwarranted. His act amounted to The killing of the unlawful aggressor may still be
aberratio ictus. (Matic vs. People, G.R. No. 180219, justified as long as the mortal wounds are inflicted
November 23, 2011) at a time when the elements of complete self
defense are still present.
Q: What factors are taken into consideration in
determining whether or not the means employed Q: A, unlawfully attacked B with a knife. B then
by the person defending himself are reasonable? took out his gun which caused A to run away. B,
after treating his wounds, pursued A and shot him.
A: Can B invoke self-defense?
1. Nature and quality of the weapon used by the
aggressor. A: No. The unlawful aggression which has begun no
2. Physical condition, character, size and other longer exists. When the aggressor runs away, the
circumstances of both the offender and one making a defense has no more right to kill or
defender. even to wound the former aggressor. In order to
3. Place and occasion of the assault. justify homicide on the ground of self-defense, it is
essential that the killing of the deceased by the
Note: Perfect equality between the weapons used by defendant be simultaneous with the attack made
the one defending himself and that of the aggressor is by the deceased, or at least both acts succeeded
not required or material commensurability between each other without appreciable interval of time.
the means of attack and defense. This is because the
person assaulted does not have sufficient tranquility of Note: The aggression ceases except when retreat is
mind to think and to calculate and to choose the made to take a more advantageous position to insure
weapon used. What the law requires is rational the success of the attack begun, unlawful aggression
equivalence. continues.

Q: What are the requisites which must be present Q: One night, Lina, a young married woman, was
to satisfy the reasonable necessity of the means sound asleep in her bedroom when she felt a man
employed to prevent or repel it? on top of her. Thinking it was her husband Tito,
who came home a day early from his business trip,
A: Lina let him have sex with her. After the act, the
1. Means were used to prevent or repel man said, "I hope you enjoyed it as much as I did."
2. Means must be necessary and there is no Not recognizing the voice, it dawned upon Lina
other way to prevent or repel it that the man was not Tito, her husband. Furious,
3. Means must be reasonable depending on the Lina took out Tito's gun and shot the man. Charged
circumstances, but generally proportionate to with homicide, Lina denies culpability on the
the force of the aggressor ground of defense of honor. Is her claim tenable?

Q: In what instances can there be lack of sufficient A: No, Lina's claim that she acted in defense of
provocation on the person defending himself? honor is not tenable because the unlawful
aggression on her honor had already ceased.
A: Defense of honor as included in self-defense, must
1. No provocation at all was given to aggressor by have been done to prevent or repel an unlawful
person defending himself. aggression. There is no defense to speak of where
2. Even if provocation was given, it was not the unlawful aggression no longer exists. (1998 Bar
sufficient. Question)
3. Even if provocation was sufficient, it was not
given by the person defending himself. Q: When pleading self defense is it the burden of
4. Even if provocation was given by person proof that is transferred from the State to the
defending himself, it was not the proximate accused?
and immediate to the act of aggression.
5. Sufficient means proportionate to the damage A: The burden to prove guilt beyond reasonable
caused by the act, and adequate to stir one to doubt is not lifted from the shoulders of the State,
its commission. which carries it until the end of the proceedings. It
is the burden of evidence that is shifted to the
Q: Is the person defending expected to control his accused to satisfactorily establish the fact of self-
blows? defense. In other words, only the onus probandi
25

shifts to the accused, for self-defense is an 3. Person defending be not induced by revenge,
affirmative allegation that must be established with resentment or other evil motive
certainty by sufficient and satisfactory proof.
(People v. Del Castillo et al., G.R. No. 169084, Q: Who is a stranger?
January 18, 2012)
A: Any person not included in the enumeration of
Q: What are the distinctions between self-defense relatives mentioned in paragraph 2 of Art. 11.
and retaliation?
Q: What is the distinction between defense of
A: relatives and defense of strangers?
SELF-DEFENSE RETALIATION
In self-defense, the A:
unlawful aggression In retaliation, the DEFENSE OF
DEFENSE OF RELATIVES
was still existing when inceptual unlawful STRANGERS
the aggressor was aggression had already In defense of relatives,
In defense of strangers,
injured or disabled by ceased when the even though the person
if the person making the
the person making the accused attacked him. making the defense
defense acted out of
defense. acted out of some evil
revenge, resentment or
motive, he can still
some evil motive in
DEFENSE OF RELATIVES . invoke the justifying
killing the aggressor, he
circumstance, as long as
cannot invoke the
Q: What are the requisites of defense of relatives? he did not contribute to
justifying circumstance.
the unlawful aggression
A:
1. Unlawful aggression. Anti-Violence against Women and their Children
2. Reasonable necessity of the means employed Act of 2004 (R.A. 9262)
to prevent or repel it.
3. Relative being defended gave no provocation. Q. Who is a battered woman?

Note: The law gives a leeway on the third A: She is a woman who is repeatedly subjected to
requisite, even if the relative being defended any forceful physical or psychological behavior by a
gave the provocation, if the relative making the man in order to coerce her to do something he
defense had no part therein, he can successfully wants her to do without concern for her rights.
invoke the defense of relative.
Note: Furthermore, in order to be classified as a
Q: Who are the relatives covered? battered woman, the couple must go through the
battering cycle at least twice. Any woman may find
A: herself in an abusive relationship with a man once. If it
1. Spouse occurs a second time, and she remains in the situation,
2. Ascendants she is defined as a battered woman. (People v. Genosa,
3. Descendants ibid.)
4. Legitimate, adopted brothers and sisters, or
relatives by affinity in the same degrees. Q: What is battered woman syndrome (BWS)?
5. Relatives by consanguinity within the 4th civil
degree. A: Battered Woman Syndrome" refers to a
scientifically defined pattern of psychological and
Note: If the degree of consanguinity or affinity is behavioral symptoms found in women living in
beyond the fourth degree, it will be considered battering relationships as a result of cumulative
defense of a stranger. abuse.

3. DEFENSE OF STRANGERS . The battered woman syndrome is characterized by
the so-called cycle of violence, which has 3 phases.
Q: What are the requisites of defense of strangers? 1. Tension building phase
2. Acute battering incident
A: 3. Tranquil, loving (or at least non-violent)
1. Unlawful aggression phase
2. Reasonable necessity of the means
employed to prevent or repel it Q: Can BWS be used as a defense?

CRIMINAL LAW TEAM


A: Yes. Victim-survivors who are found by the

courts to be suffering from battered woman Q: What does damage to another cover?
syndrome do not incur any criminal or civil liability
notwithstanding the absence of any of the A: Damage to another covers injury to persons and
elements for justifying circumstances of self- damage to property.
defense under the RPC. In laymans terms, if an
abused woman kills or inflict physical injuries on her Q: What does the term evil mean?
abusive husband or live-in partner, once the trial
court determines that she is suffering from the A: The term evil means harmful, injurious,
Battered Woman Syndrome, the court will disastrous, and destructive. As contemplated, it
declare her not guilty. (People v. Genosa, ibid.) must actually exist. If it is merely expected or
anticipated, the one acting by such notion is not in
The law now allows the battered woman syndrome a state of necessity.
as a valid defense in the crime of parricide
independent of self defense under the RPC. (Sec. Q: Who must be civilly liable?
26)
A: The persons for whose benefit the harm has
In the determination of the state of mind of the been prevented shall be civilly liable in proportion
woman who was suffering from battered woman to the benefit which they received.
syndrome at the time of the commission of the
crime, the courts shall be assisted by expert Note: Generally, there is no civil liability in justifying
psychiatrists/ psychologists. circumstances. The civil liability referred to herein is
based not on the act committed but on the benefit
Q: Who can avail of BWS as a defense? derived from the state of necessity. So the accused will
not be civilly liable if he did not receive any benefit out
A: of the state of necessity. On the other hand, persons
1. Wife; who did not participate in the damage or injury would
be civilly liable if they derived benefit out of the state
2. Former wife;
of necessity.
3. Against a woman with whom the person has or

had a sexual or dating relationship; or
FULFILLMENT OF DUTY .

Note: The dating relationship that the law
contemplates can, exist even without a sexual
Q: What are the requisites of fulfillment of duty?
intercourse taking place between those involved.
A:
4. With whom he has a common child, or against 1. Accused acted in the performance of a duty or
her child whether legitimate or illegitimate, in the lawful exercise of a right or office.
within or without the family abode 2. Injury caused or offense committed be the
necessary consequence of the due
****Please refer to Book Two for a more extensive performance of duty or the lawful exercise of
discussion such right or office.

AVOIDANCE OF GREATER EVIL . Q: Lucresia, a store owner, was robbed of her
OR STATE OF NECESSITY . bracelet in her home. The following day, at about
5 o'clock in the afternoon, a neighbor, 22-year old
Q: What are the requisites of state of necessity? Jun-Jun, who had an unsavory reputation, came to
her store to buy bottles of beer. Lucresia noticed
A: her bracelet wound around the right arm of Jun-
1. Evil sought to be avoided actually exists. Jun. As soon as the latter left, Lucresia went to a
2. Injury feared be greater than that done to nearby police station and sought the help of a
avoid it. policeman on duty, Pat. Willie Reyes. He went
3. There be no other practical and less harmful with Lucresia to the house of Jun-Jun to confront
means of preventing it, and the latter. Pat Reyes introduced himself as a
4. There must be no contribution on the part of policeman and tried to get hold of Jun-Jun who
the accused what caused the evil to arise. resisted and ran away. Pat Reyes chased him and
fired two warning shots in the air Jun-Jun
Note: The state of necessity must not have been continued to run and when he was about 7 meters
brought about by the negligence or imprudence by the away. Pat Reyes shot him in the right leg. Jun-Jun
one invoking the justifying circumstances. was hit and he fell down but he crawled towards a
27

fence, intending to pass through an opening

underneath. When Pat. Reyes was about 5 meters A:
away, he fired another shot at Jun-Jun hitting him 1. An imbecile or an insane person, unless the
at the right lower hip. Pat Reyes brought Jun-Jun latter has acted during a lucid interval.
to the hospital, but because of profuse bleeding, 2. A child fifteen years of age or under is exempt
he eventually died. Pat Reyes was subsequently from criminal liability under R.A. 9344
charged with homicide. During the trial, Pat Reyes 3. A person over fifteen years of age and under
raised the defense, by way of exoneration, that he eighteen, unless he has acted with
acted in the fulfillment of a duty. Is the defense discernment, in which case, such child shall be
tenable? Explain. subject to appropriate proceedings in
accordance with R.A. 9344.
A: No. The defense of having acted in the fulfillment 4. Any person who, while performing a lawful act
of a duty requires as a condition, inter alia, that the with due care, causes an injury by mere
injury or offense committed be the unavoidable or accident without the fault or intention causing
necessary consequence of the due performance of it.
the duty (People v. Oanis, G.R. No. L-47722, July 27, 5. Any person who acts under the compulsion of
1943). It is not enough that the accused acted in an irresistible force.
fulfillment of a duty. After Jun-Jun was shot in the 6. Any person who acts under the impulse of an
right leg and was already crawling, there was no uncontrollable fear of an equal or greater
need for Pat. Reyes to shoot him further. Clearly, injury.
Pat. Reyes acted beyond the call of duty, which 7. Any person who fails to perform an act
brought about the cause of death of the victim. required by law, when prevented by some
(2000 Bar Question) lawful or insuperable cause.

OBEDIENCE TO AN ORDER ISSUED . Q: What is the basis for the exemption from
FOR SOME LAWFUL PURPOSE . criminal liability?

Q: What are the requisites of obedience to an A: The reason for the exemption lies on the
order issued for some lawful purpose? involuntariness of the act, that is, one or some of
the ingredients of voluntariness such as criminal
A: intent, intelligence, or freedom of action on the
1. An order has been issued by a superior part of the offender is missing.
2. Such order must be for some lawful purpose
3. Means used by the subordinate to carry out Q: In case of exempting circumstances, is there a
said order is lawful crime committed?

Note: Both the person who gives the order, and the A: Yes. There is a crime committed but no criminal
person who executes it, must be acting within the liability arises from it because of the complete
limitations prescribed by law. absence of any of the conditions which constitute
free will or voluntariness of the act.
Q: Is good faith on the part of the subordinate
material? Q: What are the distinctions between justifying
circumstances and exempting circumstances?
A: Yes. If he obeyed an order in good faith, not
being aware of its illegality, he is not liable. A:
However, the order must not be patently illegal. If JUSTIFYING EXEMPTING
the order is patently illegal, this circumstance CIRCUMSTANCE CIRCUMSTANCE
cannot be validly invoked. The circumstance
The circumstances
affects the act, not the
Note: Even if the order is patently illegal, the affect the actor.
actor.
subordinate may still be able to invoke an exempting
Since the act
circumstance: having acted upon the compulsion of an
The act complained of is complained of is
irresistible force, or under the impulse of an
considered to have actually wrongful, there
uncontrollable fear.
been done within the is a crime. But because

bounds of law; hence, it the actor acted without
EXEMPTING CIRCUMSTANCES .
is considered lawful, voluntariness there is
(Art. 12) .
there is no crime. absence of dolo or

culpa. There is no
Q: Who are exempted from criminal liability?
CRIMINAL LAW TEAM


criminal Hospital, who all said that he was suffering from

Since there is a crime organic mental disorder secondary to cerebro-
committed but there is vascular accident or stroke. It appears that he was
no criminal, there is civil working in Lebanon a few years back, and in
Since there is no crime
liability for the wrong Riyadh a few months after and while in Riyadh,
or criminal, there is no
done. However in suffered a stroke. The doctors suggest that this
criminal liability as well
paragraphs 4 and 7 of event was what triggered the mental disability,
as civil liability. since when he returned to the Philippines, his
Article 12, there is
neither criminal nor civil attitude had changed considerably. The
liability. prosecution claimed that during the commission of
the crime, it was a lucid interval for Rosalino
IMBECILITY AND INSANITY . because when he was being treated in the mental
hospital, he was shouting that he killed Mrs. Sigua.
Q: What are the distinctions between imbecility Can defense of insanity be appreciated?
and insanity?
A: No. Insanity in our law exists when there is a
A: complete deprivation of intelligence. The statement
IMBECILITY INSANITY of one of the witnesses that the accused knew the
An imbecile is one who, nature of what he had done makes it highly
while advanced in age, Insanity exists when doubtful that he was insane when he committed
has a mental there is a complete the act charged. Generally, in criminal cases, every
development deprivation of doubt is resolved in favor of the accused. But in the
comparable to that of intelligence in defense of insanity, doubt as to the fact of insanity
children between two to committing the act. should be resolved in favor of sanity. The burden of
seven years of age. proving the affirmative allegation of insanity rests
No lucid interval There is lucid interval on the defense. The quantum of evidence required
Not exempt from to overthrow the presumption of sanity is proof
Exempt from criminal criminal liability if it can beyond reasonable doubt. Insanity is a defense in a
liability in all cases be shown that he acted confession and avoidance and as such must be
during a lucid interval proved beyond reasonable doubt. Insanity must be
clearly and satisfactorily proved in order to acquit
Q: What are the two tests for exemption on the accused. In this case, Rosalino has not
grounds of insanity? successfully discharged the burden of overcoming
the presumption that he committed the crime as
A: charged freely, knowingly, and intelligently. (People
1. Test of cognition whether the accused acted v. Dungo, 199 SCRA 860)
with complete deprivation of intelligence in
committing said crime. Q: When can insanity be appreciated as an
2. Test of volition whether the accused acted in exempting circumstance?
total deprivation of freedom of will.
A: Insanity presupposes that the accused was
Note: In the Philippines, both cognition and volition completely deprived of reason or discernment and
tests are applied. There must be complete deprivation freedom of will at the time of the commission of
of the intellect or will or freedom. the crime. Only when there is a complete
deprivation of intelligence at the time of the
Q: Is the presumption in favor of sanity? commission of the crime should the exempting
circumstance of insanity be considered. (People v.
A: Yes. The defense must prove that the accused Bulagao, G.R. No. 184757, October 5, 2011)
was insane at the time of the commission of the
crime. Q: What are the effects of the insanity of the
accused?
Note: Mere abnormalities of the mental facilities are
not enough. A:
1. At the time of the commission of the crime
Q: Rosalino, on March 16, 1987, stabbed one Belen exempt
Sigua to death in her office. During trial, he 2. During trial proceedings suspended, accused
pleaded insanity and presented several witnesses, is committed to a hospital
including doctors from the National Mental
29

3. After judgment or while serving sentence into consideration all the facts and circumstances
execution of judgment is suspended, the afforded by the records in each case, the manner
accused is committed to a hospital. The period the crime was committed, and the conduct of the
of confinement in the hospital is counted for offender after its commission. (People v. Doquea,
the purpose of the prescription of the penalty. 68 Phil 580)

Q: What is the effect of insanity at the time of the Q: What is the distinction between intent and
trial? discernment?

A: In case of insanity at the time of the trial, there A:
will be suspension of the trial until the mental
capacity of the accused is restored to afford him fair INTENT DISCERNMENT
trial. The mental capacity to
The determination to
tell right from wrong. It
do a certain thing, an
Q: What are the other instances of insanity? relates to the moral
aim or purpose of the
significance that a
mind. It is the design to
A: person ascribes to his
resolve or
a. Dementia praecox (Schizoprenia)- is covered by act and relates to the
determination by which
the term insanity because homicidal attack is intelligence as an
a person acts.
common in such form of psychosis. It is element of dolo.
characterized by delusions that he is being
interfered with sexually, or that his property is
being taken, thus the person has no control Juvenile Justice and Welfare Act of 2006
over his acts. (R.A. 9344)
b. Kleptomania or presence of abnormal,
persistent impulse or tendency to steal, to be Q: What is the meaning of a child in conflict with
considered exempting will still have to be the law?
investigated by competent psychiatrist to
determine if the unlawful act is due to A: It refers to a child who is alleged as, accused of,
irresistible impulse produced by his mental or adjudged as, having committed an offense under
defect, thus loss of willpower. If such mental Philippine laws.
defect only diminishes the exercise of his
willpower and did not deprive him of the Note: The child in conflict with the law shall enjoy the
consciousness of his acts, it is only mitigating. presumption of minority. He/she shall enjoy all the
c. Epilepsy which is chronic nervous disease rights of a child in conflict with the law until he/she is
proven to be 18 years old or older.
characterized by compulsive motions of the

muscles and loss of consciousness may be
Q: What is the minimum age of criminal
covered by the tern insanity.
responsibility?

Note: Feeblemindedness is not exempting because the
offender could distinguish right from wrong. An A:
imbecile or an insane cannot distinguish right from CRIMINAL
AGE BRACKET TREATMENT
wrong. (People of the Philippines v. Formigones, G.R. LIABILITY
No. L-3246, November 29, 1950) The child shall be
15 years old or subjected to an
Exempt
MINORITY . below intervention
program
Q: What is the basis of paragraphs 2 and 3? Above 15 but The child shall be
below 18, who subjected to an
Exempt
A: It is based on the complete absence of acted without intervention
intelligence, an element of voluntariness. discernment program
Such child shall be
Q: What is discernment? Above 15 but subjected to the
below 18, who Not appropriate
A: Discernment is the mental capacity to acted with exempt proceedings in
understand the difference between right and wrong discernment accordance with
including the capacity to fully appreciate the R.A. 9344
consequences of his unlawful act. Such capacity
may be known and should be determined by taking
CRIMINAL LAW TEAM


Note: The exemption from criminal liability in the (18) years of age or more at the time of the
cases specified above does not include exemption pronouncement of his/her guilt, Section 40 of the
from civil liability, which shall be enforced in same law limits the said suspension of sentence
accordance with existing laws until the child reaches the maximum age of
21. Hence, the accused, who is now beyond the age
Q: What is the penalty for an offender over 15 but of twenty-one (21) years can no longer avail of the
below 18? provisions of Sections 38 and 40 of R.A. 9344 as to
his suspension of sentence, because such is already
A: None, unless he acted with discernment. In that moot and academic. (People v. Mantalaba, G.R. No.
case, the offender shall undergo diversion programs 186227, July 20, 2011 reiterating People v. Sarcia)
under R.A. 9344
Q: What are the exempting provisions under this
Q: How can age be determined? act?

A: The age of a child may be determined from the A:
child's:
1. Birth certificate 1. Status offenses (Sec 57) Any conduct not
2. Baptismal certificate considered an offense or not penalized if
3. Any other pertinent documents committed by an adult shall not be considered
an offense and shall not be punished if
Note: In the absence of these documents, age may be committed by a child.
based on information from the child himself/herself,
testimonies of other persons, the physical appearance Example: Curfews for minors
of the child and other relevant evidence. In case of

doubt as to the age of the child, it shall be resolved in
2. Offenses not applicable to children (Sec. 58)
his/her favor.
Persons below eighteen (18) years of age shall

be exempt from prosecution for the crime of:
Q: What is automatic suspension of sentence as
a. Vagrancy and prostitution under Section
provided for in Sec. 38 of R.A. 9344?
202 of RPC

b. Sniffing of rugby under Presidential
A: Once the child who is under 18 years of age at
Decree No. 1619
the time of the commission of the offense is found

guilty of the offense charged, the court shall
3. Under Sec 59 with regard to exemption from
determine and ascertain any civil liability which may
the application of death penalty.
have resulted from the offense committed.

However, instead of pronouncing the judgment of
Note: R.A. 9346 prohibits the imposition of the
conviction, the court shall place the child in conflict
death penalty in the Philippines.
with the law under suspended sentence, without

need of application: Provided, however, That
ACCIDENT WITHOUT FAULT OR INTENTION OF
suspension of sentence shall still be applied even if
CAUSING IT .(DAMNUM ABSQUE INJURIA) .
the juvenile is already 18 years of age or more at

the time of the pronouncement of his/her guilt.
Q: What are the conditions necessary to exempt

from liability under subsection 4 of Article 12 of
Upon suspension of sentence and after considering
RPC?
the various circumstances of the child, the court

shall impose the appropriate disposition measures
A:
as provided in the Supreme Court Rule on Juveniles
1. That the act causing the injury be lawful; that
in Conflict with the Law. (A.M. No. 02-1-18-SC, Nov.
is, permitted not only by law but also by
24, 2009)
regulations.

2. That it be performed with due care.
Q: If the accused was a minor during the
3. That the injury be caused by mere accident,
commission of the crime and was already beyond
i.e., by an unforeseen event.
the age 21 yrs. old at the time of the
4. That there be no fault or intention to cause the
pronouncement of his guilt, is the said accused
injury.
entitled to suspension of sentence?

Note: If not all the conditions necessary to exempt
A: No. While Section 38 of RA 9344 provides that from liability, the act should be considered as:
suspension of sentence can still be applied even if a. Reckless imprudence, if the act is executed
the child in conflict with the law is already eighteen without taking those precautions of
31

measures which the most common when he allegedly received the shotgun from the
prudence would require; or private complainant. As he himself admitted, he
b. Simple imprudence, if it is a mere lack of received the shotgun by placing his pointer finger,
precaution in those cases where either the also known as the trigger finger because it is used
threatened harm is not imminent or the to squeeze the trigger, inside the trigger guard and
danger is not openly visible. over the trigger itself. Worse, he did so while the
barrel of the gun was pointed at the private
Q: What is an accident? complainant. According to him, he knew that it was
not proper for a person to receive a firearm from
A: An accident is something that happens outside another by immediately inserting a finger inside the
the sway of our will, and although it comes about trigger guard. Likewise, he knew that the hand-over
through some act of our will, lies beyond the of a firearm with its barrel pointed towards the
bounds of humanly foreseeable consequences. It giver or any other person was not proper. That he
presupposes a lack of intention to commit the did these improper acts despite his training and
wrong done. experience as a security guard undermines any
notion that he had acted with due care during the
Q: What is the basis of damnum absque injuria? subject incident. (People v Lanuza y Bagaoisan, G.R.
No. 188562, August 17, 2011)
A: This exempting circumstance is based on the lack
of negligence and intent. Under this paragraph, the COMPULSION OF IRRESISTIBLE FORCE
person does not commit either an intentional or
culpable felony. Q: What is the basis this exempting circumstance?

Q: Is the offender exempt from criminal and civil A: The basis is the complete absence of freedom, an
liability? element of voluntariness.

A: Yes. The infliction of the injury by mere accident Q: What is irresistible force?
does not give rise to a criminal or civil liability, but
the person who caused the injury is duty bound to A: It is a degree of force which is external or
attend to the person who was injured. physical which reduces the person to a mere
instrument and the acts produced are done without
Illustration: and against his will.

A chauffeur, while driving his automobile on Q: What are the requisites of compulsion of
the proper side of the road at a moderate irresistible force?
speed and with due diligence, suddenly and
unexpectedly saw a man in front of his vehicle A:
coming from the sidewalk and crossing the 1. Compulsion is by means of physical force
street without any warning that he would do 2. Physical force must be irresistible
so. Because it was not physically possible to 3. Physical force must come from a third person
avoid hitting him, the said chauffeur ran over
the man with his car. It was held that he was Q: What is the nature of physical force required by
not criminally liable, it being a mere accident. paragraph 5?
(U.S. v. Tayongtong, 21 Phil. 476)
A: The force must be irresistible to reduce the actor
Q: A and B are both security guards. A turned-over to a mere instrument who acts not only without will
to B a service firearm who held it with both hands, but against his will. The duress, force, fear or
with the muzzle pointed at A and the butt towards intimidation must be present, imminent and
B. At that moment, B held opposite the muzzle of impending and of such a nature as to induce a well-
the gun where the trigger is, and almost slip with it grounded apprehension of death or serious bodily
while in the act of gripping and then immediately harm if the act is done. A threat of future injury is
the gun went off and accidentally shot A. A was not enough. The compulsion must be of such a
able to recover from the shot. B was then charged character as to leave no opportunity to the accused
with frustrated homicide. Can B raised the defense for escape or self-defense in equal combat. (People
of accident to mitigate his liability? of the Philippines v. Loreno, 130 SCRA 311)

A: No. It is axiomatic that a person who invokes Q: Baculi, who was not a member of the band
accident must prove that he acted with due which murdered some American school teachers,
care. This was belied by the conduct of the accused
CRIMINAL LAW TEAM


was in a plantation gathering bananas. Upon entered the van wherein Feliciano Tan was. At
hearing the shooting, he ran. However, Baculi was that time, Narciso Saldaa, Elmer Esguerra and
seen by the leaders of the band who called him, Romeo Bautista were waiting for both appellants
and striking him with the butts of their guns, they from a distance of about one (1) kilometer. Is their
compelled him to bury the bodies. Is he liable as defense of uncontrollable fear tenable?
an accessory to the crime of crime?
A: By not availing of this chance to escape,
A: It was held that Baculi was not criminally liable as appellants' allegation of fear or duress becomes
accessory for concealing the body of the crime of untenable. It was held that in order that the
murder committed by the band because he acted circumstance of uncontrollable fear may apply, it is
under the compulsion of an irresistible force. (U.S. necessary that the compulsion be of such a
v. Caballeros, 4 Phil. 350) character as to leave no opportunity to escape or
self-defense in equal combat. Moreover, the reason
UNCONTROLLABLE FEAR for their entry to the van could be taken as their
way of keeping Feliciano Tan under further
Q: What is the basis of this exempting surveillance at a most critical time. (People v.
circumstance? Saldana, G.R. No. 148518, Apr. 15, 2004)

A: The basis is complete absence of freedom. PREVENTED BY SOME LAWFUL .
OR INSUPERABLE CAUSE .
Q: What are the requisites of uncontrollable fear?
Q: What is the basis of this exempting
A: circumstance?
1. Threat, which causes the fear, is of an evil
greater than or at least equal to that which he A: The basis is absence of intent.
is required to commit.
2. It promises an evil of such gravity and Q: What is insuperable cause?
imminence that the ordinary man would have
succumbed to it. A: Some motive which has lawfully, morally, or
physically prevented a person to do what the law
Q: What are the elements? commands.

A: Q: What are the requisites under this exempting
1. Existence of an uncontrollable fear circumstance?
2. Fear must be real and imminent
3. Fear of an injury is greater than or equal to A:
that committed 1. An act is required by law to be done.
2. A person fails to perform such act.
Note: A threat of future injury is not enough. The 3. Failure to perform such act was due to some
compulsion must be of such character as to leave no lawful or insuperable cause.
opportunity to the accused for escape or self-defense
in equal combat. MITIGATING CIRCUMSTANCES .
(Art. 13) .
Q: What is the difference between irresistible
force and uncontrollable fear? Q: What are mitigating circumstances?

A: A: Mitigating circumstances are those which, if
IRRESISTIBLE present in the commission of the crime, do not
UNCONTROLLABLE FEAR
FORCE entirely free the actor from criminal liability but
A person is compelled serve only to reduce the penalty.
A person is compelled by
by another to commit
another to commit a
a crime by means of Note: One single fact cannot be made the basis of
crime by means of
violence or physical more than one mitigating circumstance. Hence, a
intimidation or threat.
force. mitigating circumstance arising from a single fact
absorbs all the other mitigating circumstances arising
Q: The evidence on record shows that at the time from the same fact.
the ransom money was to be delivered, appellants
Arturo Malit and Fernando Morales, Q: What is the basis of mitigating circumstances?
unaccompanied by any of the other accused,
33

A: The basis is diminution of either freedom of 2. When the crime committed is not wholly
action, intelligence, or intent or on the lesser excusable (Article 69)
perversity of the offender. 3. When there are two or more mitigating
circumstances and no aggravating
Q: What are those circumstances which can circumstance, the court shall impose the
mitigate criminal liability? penalty next lower to that prescribed by law,
in the period that it may deem applicable,
A: according the number and nature of such
1. Incomplete justifying or exempting circumstances (Article 64, paragraph 5)
circumstance 4. Voluntary release of the person illegally
2. The offender is under 18 or over 70 years old. detained within 3 days without the offender
3. No intention to commit so grave a wrong attaining his purpose and before the
(praeter intentionem) institution of the criminal action (Article 268,
4. Sufficient threat or provocation paragraph 3)
5. Vindication of a grave offense 5. Abandonment without justification by the
6. Passion or obfuscation offended spouse in case of adultery (Article
7. Voluntary surrender 333, paragraph 3)
8. Physical defect 6. Concealing dishonor in case of infanticide (Art.
9. Illness of the offender 255, paragraph 2)
10. Similar and analogous circumstances
Note: if it is the maternal grandparent who
Q: Do mitigating circumstances change the nature committed the offense to conceal dishonor, the
of the crime? penalty is one degree lower. If it is the pregnant
woman who committed the offense to conceal
A: No. They reduce the penalty but do not change dishonor, the penalty is two degrees lower.
the nature of the crime.
In case of concealing dishonor by a pregnant
woman in abortion, the penalty is merely lowered
Q: What are the classes of mitigating
by period and not by degree, hence, not a
circumstances?
privileged mitigating circumstance.

A:
Q: What are contemplated in the privileged
1. Ordinary mitigating
mitigating circumstances under Art. 69?
2. Privileged mitigating

A: Incomplete justifying (Art. 11) and incomplete
Q: What are the distinctions between ordinary
exempting (Art. 12) circumstances, provided that
mitigating and privileged mitigating?
the majority of their conditions are present

A: Note: For this article to apply, it is provided that-
PRIVILEGED 1. Some of the conditions required to justify
ORDINARY MITIGATING
MITIGATING the deed or to exempt from criminal liability
Can be offset by Can never be offset by are lacking,
aggravating any aggravating 2. The majority of such conditions are
circumstances circumstance. nonetheless present, and
Ordinary mitigating 3. When the circumstance has an
Privileged mitigating indispensable element, that element must
circumstances, if not
circumstances operate be present in the case. (Regalado, 2007)
offset, will operate to
to reduce the penalty
reduce the penalty to
by one to two degrees, INCOMPLETE JUSTIFYING OR .EXEMPTING
the minimum period,
depending upon what CIRCUMSTANCE .
provided the penalty is a
the law provides.
divisible one.
Q: What is the concept of incomplete justifying or
Q: What are the privileged mitigating exempting circumstance?
circumstances under the RPC?
A: Incomplete justifying/exempting circumstance
A: means that not all the requisites to justify the act
1. When the offender is a minor under 18 years are present or not all the requisites to exempt from
of age (Article 68) criminal liability are present.

CRIMINAL LAW TEAM


Q: How may incomplete justifying circumstance or imprudence. The effect would be like a mitigating
incomplete exempting circumstance affect circumstance since said article states that the
criminal liability of the offender? penalty will be lower than if the felony was
committed intentionally.
A: If less than a majority of the requisites necessary
to justify the act or exempt from criminal liability If the person is performing a lawful act but has the
are present, the offender shall only be entitled to intention to cause an injury, it will be an intentional
an ordinary mitigating circumstance. felony, the second and third requisite will no longer
apply.
If a majority of the requisites needed to justify the
act or exempt from criminal liability are present, UNDER 18 OR OVER 70 YEARS OLD .
the offender shall be given the benefit of a
privileged mitigating circumstance. The penalty Q: Who are covered under this mitigating
shall be lowered by one or two degrees. When circumstance?
there are only two conditions to justify the act or to
exempt from criminal liability, the presence of one A: Offenders who are:
shall be regarded as the majority. 1. Over 15 but under 18 years old who acted
with discernment
Q: What condition is necessary before incomplete 2. Over 70 years old
self-defense, defense of relative, or defense of
stranger may be invoked? Note: It is the age of the accused at the time of the
commission of the crime which should be determined.
A: The offended party must be guilty of unlawful
aggression. Without unlawful aggression, there can Q: What are the legal effects of the various age
be no incomplete self-defense, defense of relative, brackets of the offender with respect to his
or defense of stranger. criminal liability?

Q: How may incomplete self-defense, defense of A:
relative, or defense of stranger affect the criminal AGE
EFFECT ON CRIMINAL LIABILITY
liability of the offender? BRACKET
15 and
Exempting circumstance
A: If only the element of unlawful aggression is under
present, the other requisites being absent, the Exempting circumstance, if he acted
offender shall be given only the benefit of an Over 15 without discernment. Mitigating
ordinary mitigating circumstance. under 18, circumstance, if he acted with
discernment
However, if aside from the element of unlawful 18 to 70 Full criminal responsibility
aggression another requisite, but not all, is present, Mitigating circumstance; no
the offender shall be given the benefit of a imposition of death penalty;
privileged mitigating circumstance. In such a case, Over 70 execution of death sentence if
the imposable penalty shall be reduced by one or already imposed is suspended and
two degrees depending upon how the court regards commuted.
the importance of the requisites present or absent.
NO INTENTION TO COMMIT SO GRAVE A WRONG
Q: Does it apply to the exempting circumstance of (PRAETER INTENTIONEM) .
accident?
Q: What is the basis of this mitigating
A: No. Under Article 12, paragraph 4, there are four circumstance?
requisites for the exempting circumstance of
accident. First, a person must be performing a A: The basis is diminution of intent.
lawful act. Second, such must be done with due
care. Third, an injury was caused to another by Q: Should there be a notable and evident
mere accident. Fourth, there is no fault or intention disproportion between the means employed by
of causing such injury. the offender compared to that of the resulting
felony?
If the act was performed with due care but there
was fault in causing an injury, the case will fall
under Article 365, felonies by negligence or
35

A: Yes. If the resulting felony could be expected SUFFICIENT THREAT OR PROVOCATION .

from the means employed, this circumstance does
not avail. Q: What is the basis of this mitigating
circumstance?
Q: Does it apply to felonies by negligence?
A: The basis is loss of reasoning and self-control,
A: No, it is not applicable because the offender acts thereby diminishing the exercise of his will power.
without intent. The intent in intentional felonies is
replaced by negligence or imprudence. Q: Should threat be offensive and positively
strong?
Q: What are the factors in order to ascertain the
intention? A: No. Threat should not be offensive and positively
strong because if it was, the threat to inflict real
A: injury is an unlawful aggression which may give rise
1. The weapon used to self-defense and thus, no longer a mitigating
2. The part of the body injured circumstance.
3. The injury inflicted
4. The manner it is inflicted Q: What is provocation?

Note: This provision addresses the intention of the A: Provocation is any unjust or improper conduct or
offender at the particular moment when the offender act of the offended party, capable of exciting,
executes or commits the criminal act and not during inciting or irritating anyone.
the planning stage.
Q: What are the requisites of sufficient threat or
Q: Is this mitigating circumstance applicable when provocation as a mitigating circumstance?
the offender employed brute force?
A:
A: No. 1. Provocation must be sufficient.
2. It must originate from the offended party.
Example: If the rapist choked the victim, the 3. It must be immediate to the act.
choking contradicts the claim that he had no
intention to kill the girl. Q: How is sufficient threat or provocation as a
mitigating circumstance distinguished from threat
Q: In crimes against persons, what if the victim or provocation as an element of self- defense?
does not die?
A: As an element of self defense it pertains to its
A: The absence of the intent to kill reduces the absence on the part of the person defending
felony to mere physical injuries. It is not considered himself while as a mitigating circumstance, it
as mitigating. It is only mitigating when the victim pertains to its presence on the part of the offended
dies. party. (People v. CA, G.R No. 103613, Feb. 23, 2001)

Q: When can the mitigating circumstance of lack of Note: Sufficiency depends on:
intent to commit so grave a wrong not be 1. The act constituting the provocation
appreciated? 2. The social standing of the person provoked
3. Time and place provocation took place
A: The mitigating circumstance of lack of intent to
commit so grave a wrong as that actually Q: Tomas mother insulted Petra. Petra kills Tomas
perpetrated cannot be appreciated where the acts because of the insults. Can Petra avail of the
employed by the accused were reasonably mitigating circumstance?
sufficient to produce and did actually produce the
death of the victim. (People v. Sales, G.R. No. A: No. There is no mitigating circumstance because
177218, October 3, 2011) it was the mother who insulted her, not Thomas.

Note: Lack of intention to commit so grave a wrong Q: Why does the law require that provocation
cannot be raised as a mitigating circumstance under must be immediate to the act, i.e., to the
the Anti Hazing Law commission of the crime by the person who is
provoked?

CRIMINAL LAW TEAM


A: If there was an interval of time, the conduct of Q: What is the meaning of the word offense in this
the offended party could not have excited the particular mitigating circumstance?
accused to the commission of the crime, he having
had time to regain his reason and to exercise self- A: The word offense should not be construed as
control. Moreover, the law presupposes that during equivalent to crime. It is enough that what was
that interval, whatever anger or diminished self- done was wrong.
control may have emerged from the offender had
already vanished or diminished. Q: What factors should be considered in
determining whether the wrong is grave or not?
Note: As long as the offender at the time he
committed the felony was still under the influence of A:
the outrage caused by the provocation or threat, he is 1. Age
acting under a diminished self-control. This is the 2. Education
reason why it is mitigating. However, there are two 3. Social status
criteria that must be taken into consideration:
1. If from the element of time, there is a
Q: Is lapse of time allowed between the
material lapse of time stated in the problem
vindication and the doing of the grave offense?
and there is nothing stated in the problem

that the effect of the threat or provocation
had prolonged and affected the offender at
A: Yes. The word immediate in paragraph 5 is not
the time he committed the crime, then the an accurate translation of the Spanish text which
criterion to be used is based on time uses the term proxima. A lapse of time is allowed
element. between the vindication and the doing of the grave
2. However, if there is that time element and offense. It is enough that:
at the same time, facts are given indicating 1. The offender committed the crime;
that at the time the offender committed the 2. The grave offense was done to him, his
crime, he is still suffering from outrage of spouse, his ascendant or descendant or to
the threat or provocation done to him, then, his brother or sister, whether natural,
he will still get the benefit of this mitigating adopted or legitimate
circumstance. 3. The grave offense is the proximate cause
of the commission of the crime.
VINDICATION OF A GRAVE OFFENSE
Q: Compare the circumstances of sufficient threat
Q: What is the basis of this mitigating or provocation and vindication of a grave offense.
circumstance?
A:
A: The basis is loss of reasoning and self-control, SUFFICIENT THREAT OR VINDICATION OF
thereby, diminishing the exercise of his will power. PROVOCATION GRAVE OFFENSE
The grave offense may
Note: This has reference to the honor of a person. It It is made directly only be committed also
concerns the good names and reputation of the to the person against the offenders
individual (People v. Anpar, 37 Phil. 201)
committing the felony. relatives mentioned in

the law.
Q: What are the requisites of vindication of a
The offended party
grave offense as a mitigating circumstance? The cause that brought
must have done a grave
about the provocation
offense against the
A: need not be a grave
offender or his relatives
1. Grave offense has been done to the one offense.
mentioned in the law.
committing the felony, his spouse, ascendants,
It is necessary that the The vindication of the
descendants, legitimate, natural or adopted
provocation or threat grave offense may be
brothers or sisters, or relatives by affinity
immediately preceded proximate which admits
within the same degree.
the act. There must be of interval of time
2. A felony is committed in vindication of such
no interval of time between the grave
grave offense.
between the offense committed by

provocation and the the offended party and
Note: The vindication need not be done by the
person upon whom the grave offense was
commission of the the commission of the
committed or who was offended by the wrong crime. crime of the accused.
done by the offended party.

37

PASSION OR OBFUSCATION
A: If the act is committed in the spirit of:
Q: What is the basis of this mitigating 1. Lawlessness
circumstance? 2. Revenge

A: The basis is loss of reasoning and self-control, Q: What are the distinctions between
thereby diminishing the exercise of his will power. passion/obfuscation and provocation?

Q: What is passion or obfuscation? A:
PASSION/OBFUSCATION PROVOCATION
A: Passion and obfuscation refer to emotional It is produced by an impulse The provocation
feeling which produces excitement so powerful as which may cause comes from the
to overcome reason and self-control. It must come provocation injured party
from prior unjust or improper acts. The passion and The offense need not be
obfuscation must emanate from legitimate immediate. It is only It must immediately
sentiments. required that the influence precede the
thereof lasts until the commission of the
Q: What are the elements of passion or moment the crime is crime.
obfuscation as a mitigating circumstance? committed

A: Q: What are the distinctions between
1. Accused acted upon an impulse passion/obfuscation and irresistible force?
2. Impulse must be so powerful that it naturally
produced passion or obfuscation in him. A:
PASSION IRRESISTIBLE
Note: The passion or obfuscation should arise from OBFUSCATION FORCE
lawful sentiments in order to be mitigating. Mitigating Exempting
circumstance circumstance
Q: What are the requisites of passion or
It cannot give rise to
obfuscation?
irresistible force
It requires physical
because passion or
A: force.
obfuscation has no
1. That there is an act, both unlawful and
physical force.
sufficient to produce such a condition of mind.
The passion or
2. That the said act which produced the It must come from
obfuscation is on
obfuscation was not far removed from the a third person.
the offender himself
commission of the crime by a considerable
It must arise from The force used is
length of time, during which the perpetrator
lawful sentiments. unlawful.
might recover his natural equanimity.

Q: Can passion or obfuscation be raised as an
Q: What is the rule when the three mitigating
exempting circumstance?
circumstances of sufficient threat or provocation

(par. 4), vindication of a grave wrong (par. 5) and
A: As a rule, passion or obfuscation can only be
passion or obfuscation (par. 6) are present?
used as a mitigating circumstance. However, under

Art. 247 (Death or Physical Injuries under
A: GR: If the offender is given the benefit of
Exceptional Circumstances), it may be used as an
paragraph 4, he cannot be given the benefit of
exempting circumstance, if an injury is inflicted
paragraph 5 or 6, or vice-versa. Only one of the
other than serious physical injuries and killing.
three mitigating circumstances should be given in

favor of the offender.
VOLUNTARY SURRENDER AND CONFESSION OF

GUILT
XPN: If the mitigating circumstances under

paragraphs 4, 5 and 6 arise from different sets
of facts, they may be appreciated together,
circumstance?
although they may have arisen from one and

the same case.
A: The basis is the lesser perversity of the offender.

The offender is willing to accept the consequences
Q: When is passion or obfuscation not a mitigating
of the wrong he has done which thereby saves the
circumstance?
CRIMINAL LAW TEAM


government the effort, time and expenses to be arrest had been issued against him and that
incurred in searching for him. voluntary surrender is obedience to the order of
arrest issued against him (People v. Cahilig, 68 Phil.
Q: What are the mitigating circumstances under 740)
this paragraph?
Q: Who is a person in authority?
A:
1. Voluntary surrender to a person in authority or A: He is one directly vested with jurisdiction,
his agents whether as an individual or as a member of some
2. Voluntary confession of guilt before the court court/
prior to the presentation of evidence for the government/corporation/board/commission.
prosecution
Q: Who is an agent of a person in authority?
Note: When both are present, they should have the
effect of two independent mitigating circumstances. A: He is a person who, by direct provision of law, or
by election, or by appointment by competent
Q: What are the requisites of voluntary surrender authority, is charged with the maintenance of
as a mitigating circumstance? public order and the protection and security of life
and property and any person who comes to the aid
A: of persons in authority.
1. Offender had not been actually arrested.
2. Surrender was made to a person in authority Q: If the accused escapes from the scene of the
or the latter's agent. crime in order to seek advice from a lawyer, and
3. Surrender was voluntary. the latter ordered him to surrender voluntarily to
the authorities, which the accused followed by
Q: When is surrender considered voluntary? surrendering himself to the municipal mayor, will
his surrender be considered mitigating?
A: Surrender is considered voluntary when it is
spontaneous, demonstrating intent to submit A: Yes, because he fled to the scene of a crime not
himself unconditionally to the person in authority to escape but to seek legal advice.
or his agent. Whether a warrant of arrest had been
issued against the offender is immaterial and Q: Supposing that after the accused met a
irrelevant. The criterion is whether or not the vehicular accident causing multiple homicide
offender had gone into hiding or had the because of reckless imprudence, he surrenders to
opportunity to go into hiding and the law enforcers the authorities immediately thereafter, will his
do not know of his whereabouts. surrender mitigate his liability because of Art. 13?

Note: If after committing the crime, the offender did A: No. In cases involving felonies committed by
not flee and instead waited for the law enforcers to means of culpa, the court is authorized under Art.
arrive, and then he surrendered the weapon he used 365 to impose a penalty upon the offender without
in killing the victim, voluntary surrender is mitigating, regard to the rules on mitigating and aggravating
however, If after committing the crime, the offender circumstances.
did not flee and instead he went with the responding

law enforcers meekly, voluntary surrender is not
Q: What are the requisites of confession of guilt as
applicable.
a mitigating circumstance?

Q: What does spontaneous mean?
A:

1. The offender voluntarily confessed his guilt.
A: It emphasizes the idea of inner impulse acting
2. It was made in open court (that is before the
without external stimulus. The conduct of the
competent court that is to try the case).
accused, not his intention alone, after the
3. It was made prior to the presentation of
commission of the offense, determines the
evidence for the prosecution.
spontaneity of the surrender.

Q: Is plea of guilty applicable to all crimes?
Q: Does the law require that the accused

surrender prior to the order of arrest?
A: No. A plea of guilty is not mitigating in culpable

felonies, and in crimes punished by special laws.
A: No. What matters is the spontaneous surrender

of the accused upon learning that a warrant of
39

Q: Will a conditional plea of guilty be considered 2. Such physical defect restricts his means of
as a mitigating circumstance? action, defense, or communication with his
fellow beings.
A: To be mitigating, the plea of guilty must be
without conditions. But conditional plea of guilty Q: Suppose X is deaf and dumb and he has been
may still be mitigating if the conditions imposed by slandered, he cannot talk so what he did was, he
the accused are found to be meritorious. got a piece of wood and struck the fellow on the
head. X was charged with physical injuries. Is X
Q: Upon learning that the police wanted him for entitled to a mitigating circumstance by reason of
the killing of Polistico, Jeprox decided to visit the his physical defect?
police station to make inquiries. On his way, he
met a policeman who immediately served upon A: Yes, the Supreme Court held that being a deaf
him the warrant for his arrest. During the trial, in and dumb is mitigating because the only way to
the course of the presentation of the prosecutions vindicate himself is to use his force because he
evidence, Jeprox withdrew his plea of not guilty. cannot strike back by words.
Can he invoke the mitigating circumstances of
voluntary surrender and plea of guilty? Explain. Note: The law says that the offender is deaf and dumb,
(1992 Bar Question) meaning not only deaf but also dumb, or that he is
blind, meaning in both eyes, but even if he is only deaf
A: Jeprox is not entitled to the mitigating and not dumb, or dumb but not deaf, or blind only in
circumstance of voluntary surrender as his going to eye, he is still entitled to a mitigating circumstance
the police station was only for the purpose of under this article as long as his physical defects
verification of the news that he is wanted by the restricts his means of communication, defense,
communication with his fellowmen.
authorities. In order to be mitigating, surrender

must be spontaneous and that he acknowledges his
ILLNESS OF THE OFFENDER
guilt.

Neither is plea of guilty a mitigating circumstance
circumstance?
because it was a qualified plea. Besides, Art. 13(7)

provides that confession of guilt must be done
A: The basis is diminution of intelligence and intent.
before the prosecution had started to present

evidence.
Q: What are the requisites of illness of the

offender as a mitigating circumstance?
PHYSICAL DEFECT

A:
1. Illness of the offender must diminish the
circumstance?
exercise of will power.

2. Such illness should not deprive the offender
A: The basis is the diminution of the element of
the consciousness of his acts.
voluntariness.

Note: If the illness not only diminishes the exercise of
Q: What is physical defect?
the offenders will power but deprives him of the
consciousness of his acts, it becomes an exempting
A: A person's physical condition, such as being deaf circumstance to be classified as insanity or imbecility.
and dumb, blind, armless, cripple, or stutterer,
whereby his means of action, defense or SIMILAR AND ANALOGOUS CIRCUMSTANCES
communication with others are restricted or
limited. The physical defect that a person may have Q: What are the examples of analogous
must have a relation to the commission of the circumstances?
crime.
A:
Q: What are the requisites of physical defect as a 1. The act of the offender of leading the law
mitigating circumstance? enforcers to the place where he buried the
instrument of the crime has been considered
A: as equivalent to voluntary surrender.
1. The offender is deaf and dumb, blind or 2. Stealing by a person who is driven to do so out
otherwise suffering from some physical defect of extreme poverty is considered as analogous
to incomplete state of necessity, (People v.
CRIMINAL LAW TEAM


Macbul, 74 Phil. 436) unless he became 4. The time

impoverished because of his own way of living 5. The personal circumstances of the
his life, i.e. he had so many vices. offender or the offended party
3. Defendant who is 60 years old with failing
eyesight is similar to a case of a person over 70 Q: What are the kinds of aggravating
years of age. (People v. Reantillo and Ruiz, C.A. circumstances?
G.R. No. 301, July 27, 1938)
4. Impulse of jealous feeling, similar to passion A:
and obfuscation. 1. Generic or those that can generally apply to all
5. Voluntary restitution of property, similar to crimes.
voluntary surrender.
6. Outraged feeling of the owner of animal taken Examples: Dwelling, recidivism, in
for ransom is analogous to vindication of grave consideration of price, reward or promise,
offense night time
7. Esprit de corps is similar to passion and
obfuscation 2. Specific or those that apply only to particular
crimes.
Q: What is the significance of this paragraph?
Examples: Treachery in crimes against
A: The significance of this paragraph is that even persons, disregard of respect due the offended
though a particular circumstance does not fall party on account of rank, sex or age in crimes
under any of the enumerated circumstances in against persons or honor, ignominy in crimes
Article 13, the court is authorized to consider in against chastity, cruelty in crimes against
favor of the accused any other circumstance of a persons
similar nature and analogous to those mentioned.
3. Qualifying or those that change the nature of
Q: What are the circumstances which are neither the crime.
exempting nor mitigating?
Examples: By means of poison, with the aid of
A: armed men, treachery, in killing persons, grave
1. Mistake in the blow or aberratio ictus abuse of confidence which makes stealing as
2. Mistake in the identity qualified theft
3. Entrapment
4. Accused is over 18 years of age 4. Inherent or those that must of necessity
5. Performance of righteous action accompany the commission of the crime.

AGGRAVATING CIRMUSTANCES Examples: Evident premeditation is inherent in
(Art. 14) robbery and estafa, disregard of respect due
the offended party on account of rank in direct
Q: What are aggravating circumstances? assault, superior strength in treason, cruelty in
mutilation
A: Those which, if attendant in the commission of
the crime: 5. Special or those that cannot be offset by an
1. Serve to have the penalty imposed in its ordinary mitigating circumstance and has the
maximum period provided by law for the result of imposing the penalty in the maximum
offense, or period.
2. Change the nature of the crime.
Examples: Taking advantage of public position
Q: What is the basis of aggravating circumstances? and crime committed by organized/syndicated

A: They are based on the greater perversity of the Note: Under Sec 8 and 9, Rule 110, of The Revised
offender manifested in the commission of the Rules of Criminal Procedure, which took effect on 1
felony as shown by: Dec. 2000, aggravating circumstances, must be alleged
1. The motivating power itself in the information or complaint; otherwise, they
2. The place of commission cannot be properly appreciated.
3. The means and ways employed

41

Q: What are the distinctions between generic aggravating and qualifying circumstances?

A:
GENERIC AGGRAVATING CIRCUMSTANCES QUALIFYING AGGRAVATING CIRCUMSTANCES
Affects only the imposition of the penalty
Affects the nature of the crime or brings about a
prescribed, but not the nature of the crime
penalty higher in degree than that ordinarily prescribed
committed.
GR: Cannot be offset by any mitigating circumstances
Can be offset by an ordinary mitigating

circumstance
XPN: Privileged mitigating circumstances
Both must be alleged in the information in order to be appreciated

Q: What are those circumstances which aggravate
Note: When there is more than one qualifying criminal liability?
aggravating circumstance present, one of them will be
appreciated as qualifying aggravating while the others A:
will be considered as generic aggravating.

1. Advantage taken of public position
2. Contempt or insult to public authorities
3. Disregard of age, sex, or dwelling of the
offended party
4. Abuse of confidence and obvious
ungratefulness
5. Palace and places of commission of offense
6. Nighttime, uninhabited place or band
7. On occasion of calamity or misfortune
8. Aid of armed men, etc.
9. Recidivist
10. Reiteracion
11. Price, reward, or promise
12. By means of inundation, fire, etc.
13. Evident premeditation
14. Craft, fraud or disguise
15. Superior strength or means to weaken the
defense
16. Treachery
17. Ignominy
18. Unlawful entry
19. Breaking wall
20. Aid of minor or by means of motor vehicle or
other similar means
21. Cruelty
CRIMINAL LAW TEAM


BOOK 1: PERSONS CRIMINALLY LIABLE
Q: What is basis of this aggravating circumstance?

Q: When can position and standing of the accused
be considered aggravating? A: The greater perversity of the offender, as shown
by the means:
A: Where a person found guilty of violation of 1. Of personal circumstance of the offender.
Gambling law is a man of station or standing in the 2. Used to secure the commission of the
community, the maximum penalty should be crime.

imposed. (U.S. vs. Salaveria, G.R. No. L-13678,
Q: When is taking advantage of public position
November 12, 1918) considered as an aggravating circumstance?

Q: What are the aggravating circumstances which A: It is considered as an aggravating circumstance
do not have the effect of increasing the penalty? only when the offender is a public officer. The
offender must have:
A: Aggravating circumstances which: 1. Abused his public position; or
1. In themselves constitute a crime 2. At least, the use of the same facilitated
especially punishable by law the commission of the offense.
2. Included by law in defining a crime and
prescribing penalty Note: To be applicable the public officer must have
3. Inherent in the crime to such a degree used his: I-P-A
that it must of necessity accompany the a. Influence
commission thereof b. Prestige
c. Ascendancy
Q: What are the aggravating circumstances which
are personal to the offenders? There is no abuse of public position when the offender
could have perpetuated the crime even without
A: Aggravating circumstances which arise: occupying his position.
1. From the moral attributes of the offender
2. From his private relations with the Q: When is taking advantage of public position not
offended party considered as an aggravating circumstance?
3. From any other personal cause
A: This circumstance is not applicable in offenses
Q: How are personal aggravating circumstances where taking advantage of official position is made
appreciated? by law an integral element of the crime, such as in
malversation or in falsification of document
A: It shall only serve to aggravate the liability of committed by public officers.
those persons as to whom such circumstances are
attendant. (Art. 62, par. 3) CONTEMPT OR INSULT TO PUBLIC AUHTORITIES

Q: What is the rule regarding the appreciation of Q: What is basis of this aggravating circumstance?
an aggravating circumstance if there are several
accused? A: The greater perversity of the offender, as shown
by his lack of respect for the public authorities.
A: GR: The circumstances which serve to aggravate
or mitigate the liability of those persons only who Q: What are the requisites of contempt of insult
had knowledge of them at the time of the to public authorities as an aggravating
execution of the act or their cooperation therein circumstance?
are those which consist in the:
1. Material execution of the act; or A:
2. Means employed to accomplish it, 1. That the public authority is engaged in the
exercise of his functions.
XPN: When there is proof of conspiracy, in 2. Such authority is not the person against whom
which case the act of one is deemed to be the the crime is committed.
act of all, regardless of lack of knowledge of 3. Offender knows him to be a public authority
the facts constituting the circumstance. (Art. 4. His presence has not prevented the offender
62, par. 4) from committing the crime.

TAKING ADVANTAGE OF PUBLIC POSITION Q: Who is a public authority?


U N I V E R S I T Y O F S A N T O T O M A S
43
CHAIRPERSON: KAREN FELIZ SUPNAD

A: Public authority also called Person in authority is reference to others. There must be a difference in
a public officer directly vested with jurisdiction, the social condition of the offender and the
whether as an individual or as a member of some offended party.
court or governmental corporation, board, or
commission, shall be deemed a person in authority. Q: When is age considered aggravating
A barrio captain and a barangay chairman shall also circumstance?
be deemed a person in authority. (Art 152 as
amended by P.D. No. 1232) A: Age applies in cases where the victim is of tender
age or is of old age.
Note: Teachers, professors and persons charged with
the supervision of public or duly recognized private Q: What does sex refer?
schools, colleges and universities, and lawyers in the
actual performance of their professional duties or on A: Sex refers to female sex, not to male sex.
the occasion of such performance, are persons in
authority only for purposes of direct assault and simple Q: When is the aggravating circumstance of
resistance.
disregard of rank, age, sex not considered for the
purpose of increasing the penalty?
Q: Is it necessary that the offender has knowledge
that the public authority is present? A:
1. When the offender acted with passion or
A: Yes, Knowledge that a public authority is present obfuscation. (All three circumstances)
is essential. Lack of such knowledge indicates lack 2. When there exists a relationship between the
of intention to insult the public authority. offended party and the offender.
(circumstance of sex only), e.g. parricide, rape,
DISREGARD OF RANK, SEX, AGE OR DWELLING abduction and seduction.
3. When the condition of being a woman is
Q: What is the basis of these aggravating indispensable in the commission of the crime.
circumstances?
Q: What is dwelling?
A: The greater perversity of the offender, as shown
by the personal circumstances of the offended A: Dwelling is a building or structure exclusively
party and the place of commission. used for rest or comfort includes temporary
dwelling, dependencies, foot of the staircase and
Q: What are the two ways in committing the enclosure of the house. It does not mean the
aggravating circumstance under this paragraph? permanent residence or domicile of the offended
party or that he must be the owner thereof. He
A: The act be committed: must, however, be actually living or dwelling
1. With insult or in disregard of the respect therein even for a temporary duration or purpose.
due to the offended party on account of
his: R-A-S Note: It is not necessary that the accused should have
a. Rank actually entered the dwelling of the victim to commit
b. Age the offense. It is enough that the victim was attacked
c. Sex inside his own house, although the assailant may have
2. That it be committed in the dwelling of devised means to perpetrate the assault, i.e.
the offended party, if the latter has not triggerman fired the shot from outside the house, his
given sufficient provocation. victim was inside.

Q: What is the meaning of with insult or in Q: When is dwelling not aggravating?
disregard ?
A:
A: In the commission of the crime, the accused 1. When the owner of the dwelling gave
deliberately intended to offend or insult the sex or sufficient and immediate provocation.
age of the offended party. 2. When the offender and the offended party are
occupants of the same house.
Q: To what does rank refer? 3. In the crime of robbery by use of force upon
things.
A: It refers to official, civil, or social position or 4. In the crime of trespass to dwelling.
standing. The designation or title of distinction used 5. The victim is not a dweller of the house.
to fix the relative position of the offended party in
CRIMINAL LAW TEAM
44
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN

6. When both the offender and the offended A:

party are occupants of the same house except 1. Malversation ( Art. 217)
in case of adultery in the conjugal dwelling, the 2. Qualified Theft ( Art. 310)
same is aggravating; however, if one of the 3. Estafa by conversion or misappropriation ( Art
dwellers therein becomes a paramour, the 315)
applicable aggravating circumstance is abuse 4. Qualified Seduction ( Art. 337)
of confidence.
Q: What are the requisites of obvious
Q: What is the meaning of provocation in the ungratefulness as an aggravating circumstance?
aggravating circumstance of dwelling?
A:
A: The provocation must be: 1. That the offended party had trusted the
1. Given by the owner of the dwelling offender
2. Sufficient 2. Abused such trust by committing a crime
3. Immediate to the commission of the against the offended party
crime 3. That the act be committed with obvious
ungratefulness
Note: If all of these are present, the offended party is
deemed to have given provocation, and the fact that Note: The ungratefulness must be such clear and
the crime is committed in the dwelling of the offended manifest ingratitude on the part of the accused.
party is NOT an aggravating circumstance.
PALACE AND PLACES OF COMMISSION OF THE
ABUSE OF CONFIDENCE OR OBVIOUS OFFENSE
UNGRATEFULNESS
EFULN Q: What is the basis of this aggravating
Q: What is the basis of these aggravating circumstance?
circumstances?
A: The greater perversity of the offender, as shown
A: The greater perversity of the offender, as shown by the place of the commission of the crime, which
by the means and ways employed. must be respected.

Note: These are two separate aggravating Q: What are the requisites of palace and places of
circumstances. commission of offenses as an aggravating
circumstance?
Q: What is abuse of confidence?
A: The crimes be committed:
A: This circumstance exists only when the offended 1. In the palace of the Chief Executive ;or
party has trusted the offender who later abuses 2. In his presence ; or
such trust by committing the crime. 3. Where public authorities are engaged in
the discharge of their duties; or
Q: What are the requisites of abuse of 4. In a place dedicated to religious worship
confidence?
Q: Is it necessary that the Chief Executive is
A: engaged in his official functions?
1. The offended party had trusted the offender.
2. The offender abused such trust by committing A: No. The presence of the Chief Executive alone in
a crime against the offended party any place where the crime is committed is enough
3. The abuse of confidence facilitated the to constitute the aggravating circumstance.
commission of the crime
Note: In contrast, public authorities must actually be
Note: The confidence between the parties must be engaged in the discharge of their duties, there must be
immediate and personal, as would give the accused some performance of public functions.
the advantage or make it easier for him to commit the
crime. The confidence must be a means of facilitating Q: What are the distinctions between paragraph 5
the commission of a crime. and paragraph 2?

Q: In what crimes is abuse of confidence A:
inherent?


45

WHERE PUBLIC Q: What is night time?

AUTHORITIES ARE CONTEMPT OR INSULT
ENGAGED IN THE TO PUBLIC A: Nighttime or nocturnity is a period from after
DISCHARGE OF THEIR AUTHORITUES sunset to sunrise, from dusk to dawn. It is necessary
DUTIES (Par. 2) that the commission of the crime was commenced
(Par 5) and completed at night time.
Public duty is
Public duty is performed Q: What are the reasons why night time is
performed outside
in their Office
their Office considered aggravating?
The offended party may Public authority
or may not be the public should not be the A:
authority offended party 1. During nighttime, recognition of the accused is
In both, public authorities are in the performance of harder.
their duties. 2. Harder for the victim to defend himself.
3. Nighttime provides security for the accused.
Q: Are crimes committed in the Malacaang 4. Mere presence of darkness gives others
palace or church always aggravating? anxiety or fear.

A: Yes. Regardless of whether State or Official or Q: What makes nighttime an aggravating
religious Functions are being held. circumstance?

Q: What is meant by place dedicated to religious A: Darkness of the night. Hence when the place of
worship? the crime is illuminated or sufficiently lighted,
nighttime is not aggravating.
A: The place must be permanently dedicated to
public religious worship. Private chapels are not Note: Lighting of a matchstick or use of flashlights does
included. not negate the aggravating circumstance of night time.
It must be shown that the offender purposely sought
the cover of the darkness to commit the crime, or that
NIGHTTIME, UNINHABITED PLACE OR BY A BAND
the nighttime facilitated the commission of the crime.

Q: Should these circumstances be considered as
Q: What is the rule in the appreciation of
only one or separately?
nighttime and treachery in the commission of a

crime?
A: No. It should be considered separately.

A: GR: Nighttime is absorbed in treachery
Q: When is nighttime, uninhabited place or band

considered aggravating?
XPN: Where both the treacherous mode of

attack and nocturnity were deliberately
A: When:
decided upon, they can be considered
1. It facilitated the commission of the crime.
separately if such circumstances have different
2. It especially sought for by the offender to
factual bases.
ensure the commission of the crime or for

the purpose of impunity.
Q: What is an uninhabited place (despoblado)?

Note: Especially sought means that the
A: It is where there are no houses at all, a place at a
offender sought it in order to realize the crime with
more ease. considerable distance from town or where the
houses are scattered at a great distance from each
Impunity means to prevent the offender other. It is not determined by the distance of the
from being recognized or to secure himself against nearest house to the scene of the crime but
detection and punishment. whether or not in the place of the commission of
the offense there was a reasonable possibility of
3. The offender took advantage thereof for the victim receiving some help.
the purpose of impunity.
Q: When is uninhabited place aggravating?
Note: Took advantage means that the
accused availed himself thereof for the successful A: To be aggravating, it is necessary that the
consummation of his plans. offender took advantage of the place and purposely
availed of it as to make it easier to commit the
CRIMINAL LAW TEAM
46

crime. The offender must choose the place as an aid 1. That armed men or persons took part in the
either: commission of the crime , directly or indirectly
1. To an easy and uninterrupted 2. That the accused availed himself of their aid or
accomplishment of their criminal designs ; relied upon them when the crime is
or committed,
2. To insure concealment of the offense
Note: Arms is not limited to firearms. Sticks and stones
Q: What is a band? are included. Aid of armed men includes armed
women.
A: It means that there are at least four malefactors
acting together in the commission of the offense. Q: What are the circumstances when aid of armed
men is not considered as an aggravating
Q: When is by a band considered as an circumstance?
aggravating circumstance?
A:
A: The aggravating circumstance of by a band is 1. When both the attacking party and the party
considered in crimes against property and in crimes attacked were equally armed
against persons. This aggravating circumstance is 2. When the accused as well as those who
not applicable in crimes against chastity. cooperated with him in the commission of the
crime acted under the same plan and for the
ON OCCASION OF CONFLAGRATION, SHIPWRECK, same purpose.
EARTHQUAKE, EPIDEMIC OR OTHER CALAMITY OR 3. The casual presence of the armed men near
MISFORTUNE. the place where the crime was committed
when the accused did not avail himself of their
Q: What is the basis of this aggravating aid or relied upon them to commit the crime.
circumstance?
Q: What aggravating circumstance will be
A: The basis of this aggravating circumstance has considered if there are four armed men?
reference to the time of the commission of the
crime. The reason is the debased form of criminality A: If there are four armed men, aid of armed men is
met in one who, in the midst of a great calamity, absorbed in employment of a band. If there are
instead of lending aid to the afflicted, adds to their three armed men or less, aid of armed men may be
suffering by taking advantage of their misfortune. the aggravating circumstance.

Q: When is it considered as an aggravating Q: What are the distinctions between a crime
circumstance? committed by a band under paragraph 6 and a
crime committed with the aid of armed men under
A: When the offender takes advantage of the paragraph 8?
calamity. The crime is committed on the occasion of
a conflagration, shipwreck, earthquake, epidemic or A:
other calamity of misfortune. BY BAND WITH THE AID OF
(Par. 6) ARMED MEN
Note: Calamity or misfortune refers to other (Par. 8)
conditions of distress similar to the enumeration Requires more than At least two armed
preceded by it. three people malefactors
This circumstance is
AID OF ARMED MEN At least four
present even if one of
malefactors shall have
the offenders merely
Q: How is this circumstance present? acted together in the
relied on their aid ,
commission of an
actual aid is not
A: It is present when the crime it is attached to is offense
necessary
committed with the aid of: Band members are all Armed men are mere
1. Armed men ,or principals accomplices
2. Persons who insure or afford impunity

Q: What are the requisites of this aggravating RECIDIVISM
circumstance?
Q: Who is a recidivist?
A:

47

A: A recidivist is one who, at the time of his trial for was subsequently found guilty and was convicted
one crime shall have been previously convicted by of theft also in 1983. The trial for his earlier crime
final judgment of another crime embraced in the which was robbery ended in 1984 where he was
same title of the Revised Penal Code. also convicted. Is the accused a recidivist?

Q: What are the requisites of recidivism? A: The accused is not a recidivist. The subsequent
conviction must refer to a felony committed later in
A: order to constitute recidivism. The reason for this
1. That the offender is on trial for an offense. is, at the time the first crime was committed, there
2. He was previously convicted by final judgment was no other crime of which he was convicted so he
of another crime. cannot be regarded as a repeater.
3. Both the first and second offense are
embraced in the same title of the RPC. Q: What is the effect of pardon to recidivism?
4. Offender is convicted of the new offense.
A: GR: Pardon does not obliterate recidivism, even
Q: What is the meaning of at the time of his trial if it is absolute because it only excuse the service of
for one crime? the penalty not the conviction.

A: It is employed in its generic sense, including the XPN: If the offender had already served out his
rendering of the judgment, it is meant to include sentence and was subsequently extended
everything that is done in the course of the trial, pardon.
from arraignment until after sentence is announced
by the judge in open court. Note: If The President extends pardon to someone
who already served out the principal penalty, there is a
Q: What is the reason for considering recidivism as presumed intention to remove recidivism.
an aggravating circumstance?
Q: What is the effect of Amnesty to recidivism?
A: The law considers this aggravating circumstance
because when a person has been committing A: Amnesty extinguishes the penalty and its effects,
felonies embraced in the same title , the implication thus it obliterates recidivism.
that he is specializing on such kind of crime and the
law wants to prevent any specialization . Q: Is recidivism subject to prescription?

Q: Suppose, the first offense in 1975 was A: No. No matter how long ago the offender was
homicide, then the second offense in 2004 was convicted, if he is subsequently convicted of a crime
murder. Can aggravating circumstance of embraced in the same title of the Revised Penal
recidivism be appreciated? Code, it is taken into account as aggravating in
imposing the penalty (People v. Colocar, 60 Phil.
A: Yes, because homicide and murder are crimes 878).
both under crimes against persons, hence both
crimes are embraced in the same title of the RPC. REITERACION

Q: Is it necessary that the conviction come in the Q: What is the basis of this aggravating
order in which they are convicted. circumstance?

A: Yes. Hence, there is no recidivism if the A: The greater perversity of the offender as shown
subsequent conviction is for an offense committed by his inclination to crimes.
prior to the offense involved in the previous
conviction. Q: What are the requisites of reiteracion as an
Note: If both offenses were committed on the same
date, they shall be considered as only one, hence, they A:
cannot be separately counted in order to constitute 1. That the accused is on trial for an offense;
recidivism. Also, judgments of conviction handed down 2. The he previously served sentence for another
on the same day shall be considered as only one to which the law attaches an equal or greater
conviction. penalty , or for two or more crimes to which it
attaches lighter penalty than that for the new
Q: In 1980, X committed robbery. While the case offense ; and
was being tried, he committed theft in 1983. He 3. That he is convicted of the new offense.
CRIMINAL LAW TEAM
48

receiver of the price, reward or promise but also

Note: It is the penalty attached to the offense, not the the criminal liability of the one giving the offer.
penalty actually imposed, that is actually considered.
Note: To consider this circumstance, the price, reward,
Q: What are the distinctions between reiteracion or promise must be the primary reason or the
and recidivism? primordial motive for the commission of the crime.

A: Illustration:
REITERACION RECIDIVISM
It is necessary that the It is enough that a final If A approached B and told the latter what he
thought of X, and B answered he is a bad man
offender shall have judgment has been
to which A retorted, you see I am going to kill
served out his sentence rendered in the first
him this afternoon. And so, B told him, if you do
for his first offense offense
that Ill give you P5,000.00 and after killing X, A
Previous and again approached B, told him he had already
subsequent offenses Offenses should be killed X, and B in compliance with his promise,
must not be embraced included in the same delivered the P5,000.00. In this case, the
in the same title of the title of the RPC aggravating circumstance is not present.
RPC
BY MEANS OF INUNDATION, FIRE, POSION,
IN CONSIDERATION OF A PRICE REWARD OR EXPLOSION ETC.
PROMISE
Q: What are the aggravating circumstances under
Q: What is the basis of this aggravating this paragraph?
circumstance?
A: If the crime be committed by means of:
A: The greater perversity of the offender, as shown 1. Inundation
by the motivating power itself. 2. Fire
3. Explosion
Q: What are the requisites of in consideration of a 4. Poison
price, reward, or promise as an aggravating 5. Stranding of the vessel or intentional
circumstance? damage thereto
6. Derailment of locomotion ; or
A: 7. By use of any other artifice involving great
1. There are at least two principals waste and ruin
a. Principal by inducement
b. Principal by direct participation Note: Any of these circumstances cannot be
2. The price, reward, or promise should be considered to increase the penalty or to change the
previous to and in consideration of the nature of the offense, unless used by the offender as
commission of the criminal act. means to accomplish a criminal purpose.

Note: The price, reward or promise need not It is also not aggravating when the law in defining the
consist of or refer to material things, or that the crime includes them. E.g. Fire is not aggravating in the
same were actually delivered, it being sufficient crime of arson.
that the offer made by the principal by
inducement be accepted by the principal by Q: What are the rules as to the use of fire?
direct participation before the commission of the
offense. A:
1. Intent was only to burn but somebody died
Q: Against whom will this aggravating The crime is arson, the penalty is higher
circumstance be appreciated? because somebody died.
2. If fire was used as means to kill the crime is
A: It is appreciated in both the principal by murder not arson and fire cannot be
inducement and principal by direct participation. appreciated as aggravating circumstance.
3. There was an intention to kill and fire was
Q: Does this aggravating circumstance affect the used to conceal the crime there are two
criminal liability of the one giving the offer? separate crimes: arson and murder.

A: Yes. This aggravating circumstance affects or EVIDENT PREMIDETATION
aggravates not only the criminal liability of the

49

Q: What is the basis of this aggravating to kill the victim was hatched or what time had
circumstance? elapsed before it was carried out.

A: The basis has reference to the ways of CRAFT, FRAUD, OR DISGUISE
committing the crime.
Q: What must be present in order for this
Q: What is the essence of premeditation? circumstance to be appreciated?

A: The essence of premeditation is that the A: To be appreciated, these circumstances must
execution of the criminal act must be preceded by have facilitated or be taken advantage of by the
cool thought and upon reflection to carry out the offender in the commission of a crime.
criminal intent during the space of time sufficient to
arrive at a calm judgment. Note: According to Justice Regalado, the fine
distinctions between craft and fraud would not really
Q: What are the requisites of evident be called for as these terms in Art 14 are variants of
premeditation? means employed to deceive the victim and if all are
present in the same case, they shall be applied as a
A: single aggravating circumstance.
1. Determination the time when the offender
determined to commit the crime. Q: What is craft?
2. Preparation- an act manifestly indicating that
the culprit has clung to his determination ; and A: Craft involves intellectual trickery and cunning
3. Time- a sufficient lapse of time between the on the part of the accused in order not to arouse
determination and execution, to allow him to the suspicion of the victim.
reflect upon the consequences of his act and
to allow his conscience to overcome the Q: What is fraud?
resolution of his will.
A: Fraud is insidious words or machinations used to
Q: Why is sufficient time required? induce the victim to act in a manner which enables
the offender to carry out his design.
A: The offender must have an opportunity to coolly
and serenely think and deliberate on the meaning Note: Craft and fraud may be absorbed in treachery if
they have been deliberately adopted as means,
and the consequences what he planned to do, an
methods or forms for the treacherous strategy, or they
interval long enough for his conscience and better
may co-exist independently where they are adopted
judgment to overcome his evil desire.
for a different purpose in the commission of the crime.

Q: What is the rule in appreciating evident Q: What is disguise?
premeditation in error in personae and aberratio
ictus? A: Disguise means resorting to any device to
conceal identity.
A: GR: Evident premeditation is not appreciated in
error in personae and aberratio ictus. Note: The test of disguise is whether the device or
contrivance, or even the assumed name resorted to by
Note: However, it is not necessary to have the the offender was intended to make identification more
intent to kill a particular person. difficult.

XPN: Q: Is it necessary that the accused be able to hide
a. When there is no particular intended his identity all throughout the commission of the
victim or particular person to kill. crime?
b. Where the victim belonged to the same
class or family designated by the accused. A: No. The accused must be able to hide his identity
during the initial stage if not all throughout the
Q: Does conspiracy presupposes premeditation? commission of the crime and his identity must have
been discovered only later on to consider this
A: GR: Conspiracy generally denotes premeditation. aggravating circumstance.

XPN: In implied conspiracy, evident Q: What is the test in order to determine if
premeditation may not be appreciated, in the disguise exist?
absence of proof as to how and when the plan
CRIMINAL LAW TEAM
50

of weakening the defense of his victim as well as

A: Whether the device or contrivance resorted to insuring the execution of his act without risk to
by the offender was intended to or did make himself. In this case, only one aggravating
identification more difficult, such as the use of a circumstance will be appreciated, namely treachery,
mask or false hair or beard. If in spite of the and the circumstance of means to weaken the defense
disguise, the offender was recognized, disguise will already be absorbed.
cannot be aggravating.
Q: What are the requisites of means to weaken
Q: What is the distinction among Craft, Fraud, and defense?
Disguise?
A:
A: 1. Means were purposely sought to weaken the
CRAFT FRAUD DISGUISE defense of the victim to resist the assault
2. The means used must not totally eliminate
Involves the
possible defense of the victim, otherwise, it
use of
Involves the use will fall under treachery.
intellectual Involves the
of direct
trickery and use of devise
inducement by TREACHERY
cunning not to to conceal
insidious words
arouse the identity
or machinations Q: What is basis of this aggravating circumstance?
suspicion of

the victim
A: The means and ways employed in the

commission of the crime.
ABUSE OF SUPERIOR STRENGTH OR MEANS

EMPLOYED TO WEAKEN THE DEFENSE
Q: What is treachery?

Q: What is abuse of superior strength?
A: Treachery (aleviosa) refers to the employment of

means, method, or form in the commission of the
A: To use purposely excessive force out of
crime which tend directly and specially to insure its
proportion with the means of defense available to
execution without risk to himself arising from the
the person attacked.
defense which the offended party might make. It

means that the offended party was not given the
Q: When is abuse of superior strength
opportunity to defend himself.
aggravating?

Q: What are the rules regarding treachery?
A: The aggravating circumstance of abuse of

superior strength depends on the age, size, and
A:
strength of the parties. It is considered whenever
1. Applicable only to crimes against persons.
there is a notorious inequality of forces between
2. Means, methods, or forms insure its execution
the victim and the aggressor.
but need not insure accomplishment of crime.

3. The mode of attack must be thought of by the
Q: How is abuse of superiority determined?
offender, and must not spring from the

unexpected turns of events
A: Abuse of superiority is determined by the excess

of the aggressors natural strength over that of the
Note: Treachery cannot co-exist with passion or
victim, considering the position of both and the
obfuscation (People v. Pansensoy, G.R. No. 140634,
employment of means to weaken the defense, Sept. 12, 2002)
although not annulling it. The aggressor must have
taken advantage of his natural strength to insure Q: What is the essence of treachery?
the commission of the crime. (People v. Salcedo,
G.R. No. 178272, March 14, 2011) A: The essence of the qualifying circumstance is the
suddenness, surprise and the lack of expectation
Q: When do means to weaken defense exist? that the attack will take place, thus, depriving the
victim of any real opportunity for self-defense while
A: It exists when the offended partys resisting ensuring the commission of the crime without risk
power is materially weakened. to the aggressor. Likewise, even when the victim
was forewarned of the danger to his
Note: Means to weaken the defense may be absorbed
person, treachery may still be appreciated since
in treachery. E.g. When the accused throws a sand
what is decisive is that the execution of the attack
directly into the eyes of his victim, this has the effect
51

made it impossible for the victim to defend himself Q: What are those instances that may be absorbed
or to retaliate. (People v. Villacorta, G.R. No. by treachery?
186412, September 7, 2011)
A:
Q: What are the elements of treachery? 1. Abuse of superior strength
2. Aid of armed men
A: 3. By a band
1. The employment of means of execution that 4. Means to weaken the defense
would insure the safety of the accused from 5. Craft
retaliatory acts of the intended victim and 6. Nighttime
leaving the latter without an opportunity to
defend himself Q: Must treachery be present at the beginning of
2. The means employed were deliberately or the assault?
consciously adopted by the offender.
A: It depends.
Q: What is the test of treachery? 1. When the aggression is continuous -
treachery must be present at the
A: The test of treachery is not only the relative beginning of the assault.
position of the parties but more specifically 2. When the assault was not continuous- it is
whether or not the victim was forewarned or sufficient that treachery was present
afforded the opportunity to make a defense or to when the fatal blow was given.
ward off the attack.
Q: A followed the unsuspecting victim, B when he
Q: Does a frontal attack negate the presence of was going home and thereafter, deliberately
treachery? stabbed him in the back which resulted in the
falling of B to the ground and thereby was further
A: No. Although frontal, if the attack was attacked by A. Was there treachery?
unexpected, and the unarmed victim was in no
position to repel the attack, treachery can still be A: Yes. B was defenseless and gave him no
appreciated. (People v. Pelis, G.R. No. 189328, Feb. opportunity to resist the attack or defend himself. A
21, 2011) employed means which insured the killing of B and
such means assured him from the risk of Bs
Q: Can treachery be appreciated in error in defense. Stabbing from behind is a good indication
personae and aberratio ictus? of treachery. (People v Yanson, G.R. No. 179195,
October 3, 2011)
A: Yes. Treachery is appreciated in error in
personae and aberratio ictus, provided that the IGNOMINY
offender consciously employed treacherous means
to insure the execution of the crime and to render Q: To what does ignominy pertain to?
the victim defenseless.
A: It pertains to the moral order, which adds
Q: Can both evident premeditation and treachery disgrace to the material injury caused by the crime.
be appreciated? Ignominy adds insult to injury or adds shame to the
natural effects of the crime. Ignominy shocks the
A: Yes. Evident premeditation and treachery can moral conscience of man.
co-exist because evident premeditation refers to
the commission of the crime while treachery refers Q: When is ignominy considered as aggravating?
to the manner employed.
A: Ignominy is applicable in:
Q: Can treachery be appreciated in robbery with a. Crimes against chastity,
homicide? b. Less serious physical injuries,
c. Light or grave coercion, and
A: Treachery can be appreciated in Robbery with d. Murder.
homicide even though it is a crime against property
because one of its components is a crime against Q: Is there ignominy when a man is killed in the
person. presence of his wife?

CRIMINAL LAW TEAM
52

A: No. The circumstance of ignominy was not 1. An officer in order to make an arrest may
present because no means employed nor did any break open door or window of any building in
circumstance surround the act tending to make the which the person to be arrested is or is
effects of crime more humiliating reasonably believed to be (Sec. 11, Rule 133 of
Rules of Court);
Q: Is there ignominy when a woman is raped in the 2. An officer if refused admittance may break
presence of his husband? open any door or window to execute the
search warrant or liberate himself (Sec. 7, Rule
A: No. Ignominy cannot be appreciated. Rape is 126 of Rules of Court);
crime against persons. Presence of the husband 3. Replevin (Sec.4, Rule 60 of Rules of Court)
qualifies the crime of rape under Art 266.
Q: What is the distinction between breaking wall
Q: What are the distinctions between ignominy and unlawful entry?
and cruelty?
A:
A: BREAKING WALL UNLAWFUL ENTRY
IGNOMINY CRUELTY Presupposes that there
It involves the breaking
(Par. 17) (Par. 21) is no such breaking as
of the enumerated
Ignominy refers to the moral Refers to the physical by entry through the
parts of the house.
effect of a crime and it pertains suffering of the victim window.
to the moral order, whether or purposely intended
not the victim is dead or alive. by the offender AID OF MINORS OR USE OF MOTOR VEHICLES OR
THER SIMILAR MEANS
UNLAWFUL ENTRY
Q: Why is the aid of minors considered an
Q: Why is unlawful entry aggravating? aggravating circumstance?

A: One who acts, not respecting the walls erected A: The use of a minor in the commission of the
by men to guard their property and provided for crime shows the greater perversity of the offender
their personal safety, shows greater perversity, a because he is educating the innocent minor in
greater audacity and hence the law punishes him committing a crime.
with more severity.
Q: Why is the use of motor vehicle considered as
Q: When is unlawful entry considered as an an aggravating circumstance?
A: The use of motor vehicles in the commission of a
A: There is unlawful entry when an entrance is crime poses difficulties to the authorities in
effected by a way not intended for the purpose. apprehending the offenders. This circumstance is
aggravating only when used to facilitate the
Note: This circumstance is inherent in the crimes of commission of the offense.
trespass to dwelling and robbery with force upon
things. But it is aggravating in the crime of robbery Note: If motor vehicle is used only in the escape of the
with violence against or intimidation of persons. offender, motor vehicle is not aggravating.

BREAKING WALL Q: What does the phrase other similar means
mean?
Q: What are the requisites for breaking a wall?
A: It should be understood as referring to
A: motorized vehicles or other efficient means of
1. A wall, roof, window, or door was broken transportation similar to automobile or airplane.
2. They were broken to effect entrance
CRUELTY
Note: It is aggravating only where the offender
resorted to any of said means to enter the house. Q: What is cruelty?

Q: Give instances where breaking is lawful A: There is cruelty when the wrong done was
intended to prolong the suffering of the victim,
A: causing him unnecessary moral and physical pain.

53

Presidential Decree no. 1866, separate prosecutions

Note: The basis of this aggravating circumstance is the for homicide and illegal possession are no longer in
means and ways employed in the commission of the order. Instead, illegal possession of firearms is
crime. merely to be taken as an aggravating circumstance
in the homicide case. (People v. Avecilla, G.R. No.
Q: What are the requisites of cruelty as an 117033, Feb. 15, 2001)
Q: When is the use of explosives considered an
A: aggravating circumstance?
1. The injury caused be deliberately increased by
causing other wrong. A: When a person commits any of the crimes
2. The other wrong be unnecessary for the defined in the Revised Penal Code or special laws
execution of the purpose of the offender. with the use of the aforementioned explosives,
detonation agents or incendiary devices, which
Q: Is cruelty inherent in crimes against persons? results in the death of any person or persons, the
use of such explosives, detonation agents or
A: No. In order for it to be appreciated, there must incendiary devices shall be considered as an
be positive proof that the wounds found on the aggravating circumstance. (Sec. 2, RA 8294)
body of the victim were inflicted while he was still
alive to unnecessarily prolong physical suffering. Q: To consider illegal possession of firearm as an
aggravating circumstance, is it necessary to
Note: In mutilation, outraging of a corpse is considered present the firearm before the court?
as an aggravating circumstance. if the victim was
already dead when the acts of mutilation were being A: No. The aggravating circumstance of illegal
performed, this would qualify the killing to murder due
possession of firearm can be appreciated even
to outraging of his corpse.
though the firearm used was not recovered. As this

Court held in People v. Taguba, the actual firearm
Q: What are the other aggravating circumstances?
itself need not be presented if its existence can be

proved by the testimonies of witnesses or by other
A:
evidence presented. (People v Agcanas, G.R. No.
1. Organized or syndicated crime group
174476, October 11, 2011)
2. Under influence of dangerous drugs

3. Use of unlicensed firearm
Q: When can illegal possession of firearms be not

considered as an aggravating circumstance?
Codifying the Laws on Illegal/Unlawful Possession,
Manufacture, Dealing in, Acquisition or A: If the unlicensed firearm was used either to
Disposition, of Firearms, Ammunition or Explosives commit a crime other than murder or homicide, in
(P.D. 1866, as amended by R.A. 8294) which case, there shall be no separate charge of
illegal possession of firearms since it will be
Q: What does unlicensed firearm include? absorbed by the crime committed; or by merely
carrying an unlicensed firearm without committing
A: Unlicensed firearm shall include: any offense, in which case, the charge should be
a. firearms with expired license; or illegal possession of firearms.
b. unauthorized use of licensed firearm in
the commission of the crime. Q: What are required to be proved in cases of
illegal possession of firearms?
Q: If an unlicensed firearm was used to kill a
person, can he be held guilty for a separate A: As this Court stated in Del Rosario v. People of
offense of illegal possession of firearms aside from the Philippines, in crimes involving illegal possession
murder or homicide? of firearm, the prosecution has the burden of
proving the elements thereof, viz.:
A: No. Where murder or homicide results from the (a) the existence of the subject firearm; and
use of an unlicensed firearm, the crime is no longer (b) the fact that the accused who owned or
qualified illegal possession, but murder or possessed it does not have the license or
homicide, as the case may be. In such a case, the permit to possess the same. The essence
use of the unlicensed firearm is not considered as a of the crime of illegal possession is the
separate crime but shall be appreciated as a mere possession, whether actual or
aggravating circumstance. In view of the constructive, of the subject firearm,
amendments introduced by Republic Act. 8294 to
CRIMINAL LAW TEAM
54

without which there can be no conviction Q: Who shall be exempt from prosecution and
for illegal possession. punishment under RA 9165?

After possession is established by the prosecution, A: Any person who:
it would only be a matter of course to determine
whether the accused has a license to possess the 1. Has violated Section 7 (Employees and
firearm. Possession of any firearm becomes Visitors of a Den, Dive or Resort), Section
unlawful only if the necessary permit or license 11 (Possession of Dangerous Drugs),
therefor is not first obtained. The absence of license Section 12 (Possession of Equipment,
and legal authority constitutes an essential Instrument, Apparatus and Other
ingredient of the offense of illegal possession of Paraphernalia for Dangerous Drug),
firearm and every ingredient or essential element Section 14 (Possession of Equipment,
of an offense must be shown by the prosecution by Instrument, Apparatus and Other
proof beyond reasonable doubt. (People v Agcanas, Paraphernalia for Dangerous Drugs
G.R. No. 174476, October 11, 2011) During Parties, Social Gatherings or
Meetings), Section 15 (Use of Dangerous
Q: Is good faith a valid defense against prosecution Drugs), and Section 19 (Unlawful
for illegal possession of firearm? Prescription of Dangerous Drugs), Article
II of R.A. 9165
A: No, because Illegal Possession of Firearm is
malum prohibitum. 2. Voluntarily gives information:
a. About any violation of Section 4
Illustration: (Importation of Dangerous
Drugs and/or Controlled
Accused who was apprehended for carrying a Precursors and Essential
cal. 9mm firearm and ammunitions without Chemicals), Section 5 (Sale,
the proper license to possess the same, Trading, Administration,
claimed to be a confidential agent of the AFP Dispensation, Delivery,
and in that capacity received the said firearm Distribution and Transportation
and ammunitions which is government of Dangerous Drugs and/or
property duly licensed to the Intelligence Controlled Precursors and
Security Group (ISG) of the AFP and so could Essential Chemicals), Section 6
not be licensed under his name. Although the (Maintenance of a Den, Dive or
accused had a Memorandum Receipt and A Resort), Section 8 (Manufacture
Mission Order issued by ISG, whereby he was of Dangerous Drugs and/or
entrusted with such firearm and ammunitions Controlled Precursors and
which he was authorized to carry around, he Essential Chemicals), Section 10
was nevertheless convicted for the subject (Manufacture or Delivery of
violation in as much as a Memorandum Equipment, Instrument,
Receipt and Mission Order cannot take the Apparatus, and Other
place of a duly issued firearm license. The Paraphernalia for Dangerous
accused cannot invoke good faith as a defense Drugs and/or Controlled
against a prosecution for illegal possession of Precursors and Essential
firearm, as this is a malum prohibitum. (Sayco Chemicals), Section 13
vs. People, G.R. 159703, March 3, 2008) (Possession of Dangerous Drugs
During Parties, Social
THE COMPREHENSIVE DANGEROUS DRUGS ACT Gatherings or Meetings), and
OF 2002 (R.A. 9165) Section 16 (Cultivation or
Culture of Plants Classified as

Dangerous Drugs or are Sources
Note: Notwithstanding the provisions of any law to the
contrary, a positive finding for the use of dangerous Thereof), Article II of R.A. 9165
drugs shall be a qualifying aggravating circumstance in b. About any violation of the
the commission of a crime by an offender, and the offenses mentioned if
application of the penalty provided for in the Revised committed by a drug syndicate,
Penal Code shall be applicable. (Sec. 25) or
c. Leading to the whereabouts,
Immunity from prosecution and punishment identities and arrest of all or
any of the members thereof

55

Q: Are the provisions of the Revised Penal Code

3. Willingly testifies against such persons as applicable to R.A. 9165?
described above
A: GR: No, because the law itself prohibits the
Provided, That the following conditions concur: application of RPC to R.A. 9165.

1. The information and testimony are XPN: If the offender is a minor. R.A. 9165
necessary for the conviction of the states that if the offender is a minor and the
persons described above penalty is life imprisonment to death, then the
penalty shall be reclusion perpetua to death,
2. Such information and testimony are not adopting therefore the nomenclature of the
yet in the possession of the State penalties under the RPC. By adopting the
nomenclature of the penalties under the RPC,
3. Such information and testimony can be the RPC shall apply, and a minor would now be
corroborated on its material points entitled to a privileged mitigating circumstance
of minority. (People v. Simon, G.R. No. 93026,
4. The informant or witness has not been July 29, 1994)
previously convicted of a crime involving
moral turpitude, except when there is no ALTERNATIVE CIRCUMSTANCES
other direct evidence available for the (Art. 15)
State other than the information and
testimony of said informant or witness Q: What is the basis of alternative circumstances?

5. The informant or witness shall strictly and A: The basis is the nature and effects of the crime
faithfully comply without delay, any and the other conditions attending its commission.
condition or undertaking, reduced into
writing, lawfully imposed by the State as Q: What are alternative circumstances?
further consideration for the grant of
immunity from prosecution and A: Those which must be taken into consideration as
punishment. aggravating or mitigating according to the nature
and effects of the crime and the other conditions
Provided, further, That this immunity may be attending its commission.
enjoyed by such informant or witness who does not
appear to be most guilty for the offense with Q: What are the alternative circumstances?
reference to which his/her information or
testimony were given: Provided, finally, That there A: R-I-D-E
is no direct evidence available for the State except 1. Relationship
for the information and testimony of the said 2. Intoxication
informant or witness. 3. Degree of instruction
4. Education of the offender
Note: This applies notwithstanding the provisions of
Section 17, Rule 119 of the Revised Rules of Criminal RELATIONSHIP
Procedure and the provisions of Republic Act No. 6981
or the Witness Protection, Security and Benefit Act of Q: When is relationship taken into consideration?
1991.
A: When the offended party is the:
Minor Offenders 1. Spouse
Application / Non application of RPC provisions 2. Ascendant
(Sec. 98, R.A. 9165) cf. Art. 10, RPC 3. Descendant
4. Legitimate, natural, or adopted brother or
Q: How is the Revised Penal Code applied with sister;
respect to special laws? 5. Relative by affinity in the same degree of
the offender
A: The Revised Penal Code is not intended to 6. Other relatives included by analogy to
supersede special laws. It shall be supplementary to ascendants and descendants. e.g.
special penal laws unless the latter should specially Stepparents It is their duty to bestow
provide the contrary (Art. 10, RPC) upon their stepchildren a mother/fathers
affection, care and protection.
CRIMINAL LAW TEAM
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iv. In rape, relationship is aggravating

Q: What is the rule in appreciating relationship as where a stepfather raped his
an alternative circumstance? stepdaughter (People v. De Leon, 50
Phil. 539) or in a case where a father
A: raped his own daughter (People v.
1. Exempting: Porras, 58 Phil. 578)
a. In the case of an accessory who is related b. In physical injuries:
to the principal within the relationship i. Serious physical injuries even if the
prescribed in Article 20. offended party is a descendant of
b. In Art. 247, a spouse will not incur criminal the offender;
liability for a crime of less serious physical ii. The serious physical injuries must
injuries or serious physical injuries if this not be inflicted by a parent upon his
was inflicted after having surprised the child by excessive chastisement
offended spouse or paramour or mistress iii. Less serious physical injuries or slight
committing actual sexual intercourse. physical injuries if the offended
c. Under Art. 332, in the crime of theft, party is a relative of a higher degree
malicious mischief and swindling or estafa, of the offender;
there is no criminal liability if the offender c. In crimes against chastity
is related to the offended party as spouse,
ascendant, or descendant or if the INTOXICATION
offender is a brother or sister or brother-
in-law or sister-in-law of the offended Q: When is intoxication mitigating?
party and they are living together.
A: If intoxication is:
2. Mitigating: 1. Not habitual; or
a. As a rule, in crimes against property, by 2. Not subsequent to the plan to commit a
analogy to Art. 332 (persons exempt from felony, or
criminal liability). 3. At the time of the commission of the
crime, the accused has taken such
Thus, Relationship is mitigating in the quantity of alcoholic drinks as to blur his
crimes of robbery (Arts. 294-302), reason and deprive him of certain degree
usurpation (Art. 312), fraudulent of control.
insolvency (Art. 314) and arson (Arts 321-
322, 325-326) (Reyes, 2008) Note: To be mitigating, the state of intoxication of the
accused must be proved. Once intoxication is
b. In crimes against persons when it comes established by satisfactory evidence, in the absence of
to physical injuries, it is mitigating when proof to the contrary, it is presumed to be non-
the offense committed is less serious habitual or unintentional.
physical injuries or slight physical injuries,
if the offended party is a relative of a Q: When is intoxication aggravating?
lower degree. (Reyes, 2008)
c. In trespass to dwelling (U.S. v. Ostrea, 2 A: If intoxication is
Phil 93) 1. Habitual; or
2. Intentional (subsequent to the plan to
3. Aggravating: commit a felony).

a. In crimes against person Note: The moment intoxication is shown to be habitual
i. Where the offended party is a or intentional to the commission of the crime, the
same will immediately aggravate, regardless of the
relative of a higher degree than the
crime committed.
offender.

ii. When the offender and the offended
Q: Who is a habitual drunkard?
party are relatives of the same level

as killing a brother; (People v. Alisub,
A: He is one given to intoxication by excessive use
69 Phil. 362)
of intoxicating drinks.
iii. In case of murder or homicide, if the

act resulted in the death of the
Q: What determines whether intoxication is
victim even if the accused is a
mitigating or not?
relative of a lower degree


57

A: The basis is the effect of the alcohol upon the Note: Low degree of education is never aggravating in
offender, not the quantity of the alcoholic drink he the manner that high degree is never mitigating
had taken in.
Absolutory Cause
DEGREE OF INSTRUCTION AND EDUCATION
Q: What are absolutory causes?
Q: What is the rule in appreciating degree of
instruction or education? A: Absolutory causes are those where the act
committed is a crime but for reasons of public
A: policy and sentiment there is no penalty imposed.
LACK OR LOW DEGREE OF HIGH DEGREE OF
INSTRUCTION AND INSTRUCTION AND Q: What are examples of absolutory causes?
EDUCATION EDUCATION
GR: Lack or low degree of A:
instruction is mitigating in 1. Accessory is a relative of the principal. (Art. 20)
all crimes. 2. Discovering secrets of ward through seizure of
correspondence by their guardian. (Art. 290)
XPN: Not mitigating in: 3. When only slight or less serious physical
1. Crimes against injuries are inflicted by the person who
property (e.g. surprised his/her spouse or daughter in the act
arson, estafa, of sexual intercourse with another person.
High degree of
threat) (Art. 247)
instruction or
2. Crimes against 4. Crime of theft, swindling or malicious mischief
education is
chastity committed against as spouse, ascendant, or
aggravating when
3. Murder or descendant or if the offender is a brother or
the offender avails
homicide sister or brother-in-law or sister-in-law of the
himself of his
4. Rape offended party and they are living together.
learning in
5. Treason (Art. 332)
commission of the
because love of 5. Instigation
crimes
country should be 6. Trespass to dwelling when the purpose of

a natural feeling entering anothers dwelling against the latters
of every citizen, will is to prevent some serious harm to
however himself, the occupants of the dwelling or a
unlettered or third person, or for the purposes of rendering
uncultured he some services to humanity or justice, or when
may be. (People v. entering cafes, taverns, inns and other public
Lansanas, 82 Phil. houses, while the same are open. (Art. 280
193) par. 2)

Illustration: Q: What is instigation?

If the offender is a lawyer who committed A: Instigation happens when a public officer or a
rape, the fact that he has knowledge of the law private detective induces an innocent person to
will not aggravate his liability. commit a crime and would arrest him upon or after
the commission.
But if a lawyer committed falsification, that
will aggravate his criminal liability because he Q: Does instigation absolve the offender from
used his special knowledge as a lawyer. He criminal liability?
took advantage of his learning in committing
the crime. A: Yes. In instigation, the offender simply acts as a
tool of the law enforcers and, therefore, he is acting
Q: Are the degree of instruction and education without criminal intent because without the
two distinct circumstances? instigation, he would not have done the criminal act
which he did upon instigation of the law enforcers.
A: Yes. One may not have any degree of instruction
but is nevertheless educated. Note: This is based on the rule that a person cannot be
a criminal if his mind is not criminal.

CRIMINAL LAW TEAM
58

Q: Who may commit instigation? accused's predisposition to commit the crime. If

there is overwhelming evidence of habitual
A: Only public officers or private detectives. If the delinquency, recidivism or plain criminal proclivity,
one who made the instigation is a private then this must also be considered. Courts should
individual, not performing a public function, both look at all factors to determine the predisposition
he and the one induced are criminally liable, the of an accused to commit an offense in so far as they
former as principal by inducement and the latter as are relevant to determine the validity of the
principal by direct participation. defense of inducement.

Q: Is entrapment an absolutory cause? Q: Distinguish fully between entrapment and
instigation in criminal law.
A: No. Entrapment is not an absolutory cause.
Entrapment does not exempt the offender, nor A:
mitigate his criminal liability. ENTRAPMENT INSTIGATION
The criminal design The idea and design to
Q: What is the effect if the person entrapped knew originates from and is bring about the
that the person trying to entrap him is a law already in the mind of commission of the
enforcer? the lawbreaker even crime originated and
before entrapment developed in the mind
A: In entrapment, the person entrapped should not of the law enforcers
know that the person trying to entrap him is a law The law enforcers The law enforcers
enforcer. The idea is incompatible with each other resorts to ways and induce, lure, or incite a
because in entrapment, the person entrapped is means for the purpose person who is not
actually committing a crime. The officer who of capturing the minded to commit a
entrapped him only lays down ways and means to lawbreaker in flagrante crime and would not
have evidence of the commission of the crime, but delicto otherwise commit it,
even without those ways and means, the person into committing the
entrapped is actually engaged in a violation of law. crime
The circumstance is no This circumstance
Q: What are the criteria to determine whether the bar to prosecution and absolves the accused
act is an entrapment or instigation? conviction of the from criminal liability
lawbreaker (People v. Dante
A: In the case of People v. Doria the SC held that Marcos, 1990)
the conduct of the apprehending officers and the (2003 Bar Question)
predisposition of the accused to commit the crime
must be examined: PERSONS CRIMINALLY LIABLE
(Art. 16)
In buy-bust operations demands that the details of
the purported transaction must be clearly and Q: Who are criminally liable?
adequately shown. This must start from the initial
contact between the poseur-buyer and the pusher, A: The following are criminally liable for grave and
the offer to purchase, the promise or payment of less grave felonies:
the consideration until the consummation of the 1. Principals
sale by the delivery of the illegal drug subject of the 2. Accomplices
sale. 3. Accessories

The manner by which the initial contact was made, Note: This classification is true only under the RPC
whether or not through an informant, the offer to and is not used under special laws, because the
purchase the drug, the payment of the "buy-bust" penalties under special laws are never graduated.
money, and the delivery of the illegal drug, whether However, if a special law provides for the same
to the informant alone or the police officer, must graduated penalties as those provided under the
be the subject of strict scrutiny by courts to insure RPC, the classification under the RPC may be
that law-abiding citizens are not unlawfully induced adopted.
to commit an offense.
Q: Who can be the parties in the commission of a
Criminals must be caught but not at all cost. At the crime?
same time, however, examining the conduct of the
police should not disable courts into ignoring the A:

59

1. Active subject (the criminal)

2. Passive subject (the injured party) A:
1. They participated in the criminal resolution.
Q: Who can be active subjects of a crime? 2. They carried out the plan and personally took
part in its execution by acts, which directly
A: Only natural persons can be the active subject of tended to the same end.
crime because of the highly personal nature of the
criminal responsibility. Q: What does personally took part in the
commission of the crime mean?
Q: Who can be passive subjects of a crime?
A: It means that:
A: Passive subject of a crime is the holder of the 1. The principal by direct participation must
injured right: natural person, juridical person, group be at the scene of the commission of the
and the State crime, personally taking part in its
execution.
Note: Corpses and animals cannot be passive subjects 2. Under conspiracy, although he was not
because they have no rights that may be impaired, present in the scene of the crime, he is
except, in the cases of corpses, the crime of equally liable as a principal by direct
defamation may be committed if the imputation tends participation.
to blacken the memory of one who is dead. (Art. 353)
Q: What is the liability of a conspirator for another
PRINCIPALS conspirators acts which differ radically and
(Art. 17) substantially from that which intended to commit?

Q: What are the different classifications of criminal A: Conspirators are liable for the acts of another
responsibility? conspirator even though such acts differ radically
and substantially from that which they intend to
A: commit.
1. Individual criminal responsibility When
there is no conspiracy, each of the Q: Are conspirators liable for another conspirators
offenders is liable only for his personal killing, which is not covered by conspiracy?
act.
2. Quasi - collective criminal responsibility A: When the conspirators selected a particular
Some offenders in the crime are individual to be a victim, and another person was
principals and the others are accomplices. killed by one of them, only that conspirator who
3. Collective criminal responsibility Where killed another person would be liable.
there is conspiracy, the act of one is the
act of all. All conspirators are liable as co- PRINCIPALS BY INDUCTION /INDUCEMENT
principals regardless of the extent and
character of their participation. Q: Who are the principals by induction?

Q: What are the kinds of principals? A: Principals by induction are those who directly
force or induce another to commit a crime. To be a
A: principal by induction, it is necessary that the
1. Principal by direct participation inducement be the determining cause of the
2. Principal by induction/inducement commission of the crime by the principal by direct
3. Principal by indispensable cooperation participation that is, without such, the crime would
not have been committed.
PRINCIPALS BY DIRECT PARTICIPATION
Q: What are the requisites in order to be
Q: Who are the principals by direct participation? considered as a principal by induction?

A: Principals by direct participation are those who A:
materially execute the crime. They appear at the 1. That the inducement be made directly with the
crime scene and perform acts necessary for the intention of procuring the commission of the
commission of the crime. crime ; and

Q: What are the requisites for principals by direct
participation?
CRIMINAL LAW TEAM
60

2. That the inducement be the determining cause intention of procuring the

of the commission of the crime by the material commission of the crime;
executor. ii. He must have an ascendancy or
influence over the person who
Q: To what degree must the inducement amount acted;
to? iii. Words used must be so direct,
so efficacious, and powerful as
A: It must be strong enough that the person to amount to physical or moral
induced could hardly resist. This is tantamount to coercion;
an irresistible force compelling the person induced iv. Words of command must be
to carry out the execution of the crime. Thoughtless uttered prior to the commission
expression without intention to produce the result of the crime;
is not an inducement to commit a crime. v. Material executor of the crime
has no personal reason to
Q: What are the two ways of becoming a principal commit the crime.
by induction?
Note: The one who used the words of command
A: is a principal by induction while the one
1. By directly forcing another to commit a crime committing the crime because of the words of
by command is a principal by direct participation.
a. Using irresistible force such physical There is a collective criminal responsibility.
force as would produce an effect upon
the individual that in spite of all Q: To what extent must the inducement be in
resistance, it reduces him to a mere order for a person to be held liable as a principal
instrument by inducement?
b. Causing uncontrollable fear compulsion
by means of intimidation or threat that A: The inducement must be so influential in
promise an evil of such gravity and producing the criminal act that without it, the act
eminence that the ordinary man would would not have been performed. In People v.
have succumbed to it. Sanchez, et al., the Court ruled that,
notwithstanding the fact that Mayor Sanchez was
Note: Only the one using force or causing fear is not at the crime scene, evidence proved that he
criminally liable. The material executor is not was the mastermind of the criminal act or the
criminally liable because of exempting principal by inducement. Thus, because Mayor
circumstances of irresistible force and Sanchez was a co-principal and co-conspirator, and
uncontrollable fear under par. 5 & 6 of Article 12. because the act of one conspirator is the act of all,
the mayor was rendered liable for all the resulting
2. By directly inducing another to commit a crime crimes. (People v. Janjalani et. al. G.R. No. 188314,
by January 10, 2011)

a. By giving price, offering ,reward or Q: A asked B to kill C because of grave injustice
promise done to A by C. A promised B a reward. B was
willing to kill C, not so much because of the reward
Requisites: promised to him but because he also had his own
i. Inducement must be made long-standing grudge against C, who had wronged
directly with the intention of him in the past. If C is killed by B, would A be liable
procuring the commission of as a principal by inducement?
the crime;
ii. Such inducement be the A: No, A would not be liable as principal by
determining cause of the inducement because the reward he promised B is
commission of the crime by the not the sole impelling reason which made B to kill
material executor. C. To bring about criminal liability of a co-principal,
the inducement made by the inducer must be the
b. By using words of commands sole consideration which caused the person
induced to commit the crime and without which the
Requisites: crime would not have been committed. The facts of
i. The one uttering the words of the case indicate that B, the killer supposedly
command must have the induced by A, had his own reason to kill C out of a
long standing grudge. (2002 Bar Question)

61

commit the crime;

Q: While in training, Asali and others were told otherwise, the
that their mission was to plant bombs in malls, the proponent becomes a
LRT, and other parts of Metro Manila. Rohmat principal by
called Asali to confirm that Trinidad would get two inducement.
kilos of TNT from him, as they were about to The act of proposal
commence their first mission. They made two alone, to be punishable
separate attempts to bomb a bus in Metro Manila, Involves any crime must involve only
but to no avail. The day before the Valentines treason, rebellion, or
Day bombing, Trinidad got another two kilos of coup dtat
TNT from Asali. On Valentines Day, the Abu
Sayyaf Group announced that they had a gift for Q: What is the effect of the acquittal of the
the former President, Gloria Macapagal-Arroyo. principal by direct participation on the liability of
On their third try, their plan finally succeeded. the principal by inducement?
Right after the bomb exploded, the Abu Sayyaf
Group declared that there would be more A:
bombings in the future. Asali then received a call 1. Conspiracy is negated by the acquittal of co-
from Rohmat, praising the former: Sa wakas nag defendant.
success din yung tinuro ko sayo. What is the 2. One cannot be held guilty of having instigated
liability of Rohmat? the commission of a crime without first being
shown that the crime has been actually
A: Rohmat is criminally responsible as principal by committed by another.
inducement. The instructions and training he had
given Asali on how to make bombs coupled with Note: If the one charged as principal by direct
their careful planning and persistent attempts to participation is acquitted because he acted without
bomb different areas in Metro Manila and criminal intent or malice, his acquittal is not a ground
Rohmats confirmation that Trinidad would be for the acquittal of the principal by induction.
getting TNT from Asali as part of their mission
prove the finding that Rohmats co-inducement was PRINCIPALS BY INDISPENSIBLE COOPERATION
the determining cause of the commission of the
crime. Such command or advice [was] of such Q: Who is a principal by indispensable
nature that, without it, the crime would not have cooperation?
materialized. (People v. Janjalani et. al, ibid.)
A: Those who:
Q: When will the criminal liability of the principal 1. Participated directly in the criminal
by induction arise? resolution; or
A: A principal by induction becomes liable only 2. Cooperated in the commission of the
when the crime is committed by the principal by crime by performing an act, without
direct participation. which it would not have been
accomplished.
Q: What are the distinctions between principal by
inducement from the offender who made proposal Q: What does cooperation in the commission of
to commit a felony? the offense mean?

A: A: To desire or wish a common thing. But that
PRINCIPAL BY PROPOSAL TO common will or purpose does not necessarily mean
INDUCEMENT COMMIT A FELONY previous understanding, for it can be explained or
In both , there is an inducement to commit a crime inferred from the circumstances of each case.
GR: Proposal to commit
felony is not punishable Note: A principal by indispensable cooperation may be
a co-conspirator under the doctrine of implied
Liable only when the XPN: Proposal to conspiracy. He becomes a co-conspirator by
indispensable cooperation, although the common
crime is committed by commit treason, coup
design or purpose was not previously agreed upon.
the principal by direct dtat, rebellion

participation
ACCOMPLICE
However, the person to
(Art. 18)
whom the proposal is

made should not
Q: Who is an accomplice?
CRIMINAL LAW TEAM
62

also as acts of a conspirator for purposes of

A: An accomplice is one who: collective criminal responsibility.
1. Concurs with the criminal design of the
principals by direct participation; 3. An accomplice participates in the execution of
2. Cooperates in the execution of the a crime when the criminal design or plan is
offense by previous or simultaneous acts, already in place; whereas a conspirator
with the intention of supplying material participates in the adoption or making of the
or moral aid in the execution of the crime criminal design.
in an efficacious way;
3. An accomplice is subjected to penalty one
Note: In case of doubt, the participation of the degree lower than that of a principal, whereas
offender will be considered that of an accomplice a conspirator incurs the penalty of a principal.
rather than that of a principal. (UP Law Complex Suggested Answers to Bar
Questions) (2007 Bar Question)
Q: A, wanting to kidnap B while playing at a park,
forced B to come with him at a nearby wharf. ACCESSORIES
There, he saw C and D ready to leave, with their (Art. 19)
boats. C, without putting any resistance and fully
acquiescing to the acts of A allowed him, to Q: Who are accessories?
transport the kidnapped victim, thereby
facilitating the commission of the crime. Is C liable A: Those who do not participate in the criminal
as an accomplice or a principal by indispensable design, nor cooperate in the commission of the
cooperation? felony, but with knowledge of the commission of
the crime, he subsequently takes part in three ways
A: C is liable as an accomplice. His act was not by:
indispensable to the commission of the crime 1. Profiting or assisting the offender to profit
because A may also use the boat of D in order to by the effects of the crime;
accomplish his criminal design. His simultaneous act 2. Concealing or destroying the body of the
cooperated in the execution of the crime. If C was crime to prevent its discovery;
the only one who is present in the wharf, and A
could not have accomplished the crime except with Note: Where the accused misleads the
the participation of C, then C would be a principal authorities by giving them false information,
by indispensable cooperation. such act is equivalent to concealment and
he should be held as an accessory.
Note: In determining whether the offender is a
principal or accomplice, the basis is the importance of 3. Harboring, concealing or assisting in the
the cooperation to the consummation of the crime. escape of the principal of the crime.

Q: Distinguish between an accomplice and a Note: One cannot be an accessory unless he knew of
conspirator the commission of the crime, however, he must not
have participated in its commission
A:
1. An accomplice incurs criminal liability by Q: What if the offender has already involved
merely cooperating in the execution of the himself as a principal or accomplice?
crime without participating as a principal, by
prior or simultaneous acts, whereas a A: He cannot be an accessory any further even
conspirator participates in the commission of a though he performs acts pertaining to an accessory.
crime as a co-principal.
Q: In what situations are accessories not criminally
2. An accomplice incurs criminal liability in an liable?
individual capacity by his act alone of
cooperating in the execution of the crime A:
while a conspirator incurs criminal liability not 1. When the felony committed is a light felony.
only for his individual acts in the execution of
the crime but also from the acts of the other 2. When the accessory is related to the principal
participants in the commission of the crime as spouse, or as an ascendant, or descendant
collectively. The acts of the other participants or as brother or sister whether legitimate,
in the execution of the crime are considered natural or adopted or where the accessory is a
relative by affinity within the same degree,

63

unless the accessory himself profited from the of the crime charged
effects or proceeds of the crime or assisted the
offender to profit therefrom
The penalty is higher
PROFITING OR ASSISTING THE OFFENDER TO Penalty is less than that
than the penalty of an
PROFIT BY THE EFFECTS OF THE CRIME imposed in fencing.
accessory.
Malum prohibitum and
Illustration: Malum in se and
therefore there is no
therefore there is a need
need to prove criminal
If a person having participated as principal or to prove criminal intent
intent.
accomplice in robbery or theft but knowing
The fence need not be
that the property being offered to him is the
a natural person but
proceeds or subject matter of the said crime,
may be a firm,
bought or purchased or dealt in any manner
association, Natural person only
with which such property, obtaining benefit
corporation or
from said transaction or helping the thief or
partnership or other
robber to profit therefrom.
organization

Note: The accessory must receive the property from
the principal. He should not take it without the
Q: May one who is charged as an accessory under
consent of the principal. If he took it without the Art. 19 par. 1 be likewise charged under P.D. 1612
consent of the principal, he is not an accessory but a for the same act?
principal in the crime of theft.
A: Yes. What is prohibited under the Constitution is
Q: What is the similarity of a fence and accessory the prosecution of the accused twice for the same
in the crimes of robbery or theft? offense.

A: There is a similarity in the sense that all the acts Note: The State may choose to prosecute the offender
of one who is an accessory to the crimes of robbery either under the RPC or P.D. 1612 although preference
or theft are included in the acts defined as fencing. for the latter would seem inevitable considering that
fencing is a crime malum prohibitum, and P.D. 1612
In fact, the accessory in the crimes of robbery or
creates a presumption of fencing and prescribes a
theft could be prosecuted as such under the RPC or
higher penalty based on the value of the property.
as a fence under P.D. 1612. (Dizon-Pamintuan v. (Dizon-Pamintuan v. People, ibid.)
People, G.R. No. 111426, July 11, 1994)
DESTROYING THE CORPUS DELICTI
Q: What are the distinctions between P.D. 1612
and Art. 19 par. 1 of the RPC? Q: Define corpus delicti. What are the elements of
corpus delicti?
A:
FENCING ACCESSORY A: Corpus delicti literally means the body or
Fencing is limited to substance of the crime or the fact that a crime has
theft and robbery. The been committed, but does not include the identity
terms theft and of the person who committed it.
robbery are used as a
Not limited in scope
generic term to refer to Elements of corpus delicti:
any kind of unlawful a. The existence of a certain act or result
taking, not just theft or forming the basis of the criminal charge
robbery b. The existence of a criminal agency as the
Mere possession of cause of the act or result. (2000 Bar
stolen items creates a There is no presumption Question)
presumption of of violation.
fencing. Note: The corpus delicti is the body of the crime, not
It is necessary to prove necessarily the corpse. Thus, even if the corpse is not
Fencing is a principal
that the principal recovered, as long as that killing is established beyond
crime in itself. As such,
committed the crime. reasonable doubt, criminal liability will arise and if
it can stand on its own.
Hence, before an there is someone who destroys the corpus delicti to
There is no need to prevent discovery, he becomes an accessory. (Inovero
accessory could be held
prove that one is guilty v. Coronel, 65 O.G. 3160)
liable, the principal must
of theft or robbery.
have been convicted first
CRIMINAL LAW TEAM
64

HARBORING OR CONCEALING AN OFFENDER

A: GR: An accessory is exempt from criminal
Q: Who may be held guilty as an accessory by liability, when the principal is his:
harboring, concealing or assisting in the escape of 1. Spouse
the principal of the crime? 2. Ascendant
3. Descendant
A: 4. Legitimate, natural, or adopted
1. Public officers brother, sister or relative by affinity
within the same degree.
Requisites:
a. Accessory is a public officer XPN: Accessory is not exempt from criminal
b. He harbors, conceals, or assists in liability even if the principal is related to him, if
the escape of the principal such accessory:
c. He acts with abuse of his public 1. Profited by the effects of the crime;
functions or
d. The crime committed by the 2. Assisted the offender to profit from
principal is any crime, provided it is the effects of the crime.
not a light felony.
Note: The exemption provided in this article is based
Note: In the case of a public officer, the crime on the ties of blood and the preservation of the
committed by the principal is immaterial. Such cleanliness of ones name, which compels one to
officer becomes an accessory by the mere fact conceal crimes committed by relatives so near as those
that he helped the principal escape by harboring, mentioned in this article.
concealing, making use of his public function and
thus, abusing the same. Q: Immediately after murdering Bob, Jake went to
his mother to seek refuge. His mother told him to
2. Private person hide in the maids quarter until she finds a better
place for him to hide. After two days, Jake
Requisites: transferred to his aunts house. A week later, Jake
a. Accessory is a private person was apprehended by the police. Can Jakes mother
b. He harbors, conceals or assists in the and aunt be made criminally liable as accessories
escape of the author of the crime to the crime of murder?
c. The crime committed by the
principal is either: A: The mother is exempt from criminal liability
i. Treason under Art. 20 of the RPC as a result of her
ii. Parricide relationship to her son; however, the aunt is liable
iii. Murder as accessory under Art. 19 paragraph 3 of the RPC if
iv. Attempt against the life of the author of the crime is guilty of murder. The
the President relationship between an aunt and a nephew does
v. That the principal is known to not fall within the classification for exemption.
be habitually guilty of some (2010 Bar Question)
other crime.
DECREE PENALIZING OBSTRUCTION OF
Q: Can an accessory be held criminally liable APPREHENSION AND PROSECUTION OF CRIMINAL
without the principal being found guilty? OFFENDERS
(P.D. 1829)
A: GR: The accessory cannot be held criminally
liable without the principal being found guilty of Q: What are the acts punished under P.D. 1829?
any such crime.
A: Any person, who knowingly or willfully obstructs,
XPN: When the principal was not held liable impedes, frustrates or delays the apprehension of
because of an exempting circumstance under suspects and the investigation and prosecution of
Art. 12. criminal cases by committing any of the following
acts:
ACCESSORIES EXEMPT FROM CRIMINAL LIABILITY 1. Preventing witnesses from testifying in
(Art. 20) any criminal proceeding or from reporting
the commission of any offense or the
Q: Who are the accessories exempt from criminal identity of any offender/s by means of
liability?

65

bribery, misrepresentation, deceit, disseminating the same to mislead the

intimidation, force or threats investigator or the court. (Sec. 1)
2. Altering, destroying, suppressing or
concealing any paper, record, document, Note: If any of the foregoing acts are committed by a
or object, with intent to impair its verity, public official or employee, he shall, in addition to the
authenticity, legibility, availability, or penalties provided there under, suffer perpetual
admissibility as evidence in any disqualification from holding public office.
investigation of or official proceedings in,
criminal cases, or to be used in the Compare with Article 20, RPC (accessories exempt
investigation of, or official proceedings in, from criminal liability)
criminal cases
3. Harboring or concealing, or facilitating the While Art. 20 exempts certain persons from
escape of, any person he knows, or has criminal liability, for being an accessory, P.D. 1829
reasonable ground to believe or suspect, penalizes the act of any person, without any
has committed any offense under existing distinction, who knowingly or wilfully obstructs,
penal laws in order to prevent his arrest, impedes, frustrates or delays the apprehension of
prosecution and conviction suspects and the investigation and prosecution of
4. Publicly using a fictitious name for the criminal cases, which is an act of an accessory.
purpose of concealing a crime, evading Thus, those exempted as accessory to the crime
prosecution or the execution of a committed under the Revised Penal Code can still
judgment, or concealing his true name be prosecuted as principals for Obstruction of
and other personal circumstances for the Justice under P.D. 1829. The benefits of the
same purpose or purposes exception provided in Art. 20 of the RPC do not
5. Delaying the prosecution of criminal cases apply to P.D. 1829 since under Art. 10 of the
by obstructing the service of process or Revised Penal Code, offenses which are punishable
court orders or disturbing proceedings in under special laws are not subject to the provisions
the fiscal's offices, in Tanodbayan, or in of the Code and shall only be supplementary to
the courts such laws. P.D. 1829, being a special law, is thus
6. Making, presenting or using any record, controlling, with regard to offenses specially
document, paper or object with punished.
knowledge of its falsity and with intent to
affect the course or outcome of the
investigation of, or official proceedings in,
criminal cases
7. Soliciting, accepting, or agreeing to accept
any benefit in consideration of abstaining
from, discounting, or impeding the
prosecution of a criminal offender
8. 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
9. 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
CRIMINAL LAW TEAM
66

BOOK 1: PENALTIES
citizen of this country that no act of his will be

PENALTIES
considered criminal until the government has made
GENERAL PRINCIPLES
it so by law and has provided a penalty.

Q: What are penalties?
Q: Can penal laws have a retroactive effect?

A: Penalties are the punishment inflicted by the
A: GR: Criminal laws must have a prospective
State for the transgression of a law.
effect.

Q: What are the juridical conditions of penalty?
XPN: It may be given a retroactive effect when

favorable to the accused, although at the time
A:
of the publication of such laws a final sentence
1. Productive of suffering, without affecting the
has been pronounced and the convict is
integrity of the human personality.
serving the same.
2. Commensurate with the offense.

3. Personal no one should be punished for the
XPN to the XPN: The person guilty of a
crime of another.
felony must not be a habitual criminal.
4. Legal it must be a consequence of a

judgment according to law.
Q: Who is a habitual criminal?
5. Certain no one may escape its effects.

6. Equal to all.
A: A person shall be deemed to be a habitual
7. Correctional.
criminal if within a period of ten years from the

date of his release or last conviction of the crimes
Q: What are the classes of injuries caused by a
of serious or less serious physical injuries, robbery,
crime?
theft, estafa, or falsification, he is found guilty of

any said crimes a third time or oftener. (Art. 62,
A:
RPC)
SOCIAL INJURY PERSONAL INJURY

Caused to the
Q: In what situations may a defendant benefit
Produced by the victim of the crime
from a favorable retroactive effect of a new law?
disturbance and alarm who suffered

which are the damage either to
A:
outcome of the his person,
1. The crime has been committed and
offense. property, honor or
prosecution begins;
chastity.
2. Sentence has been passed but service has not
Repaired though the begun;
imposition of the Repaired through 3. The sentence is being carried out.
corresponding indemnity.

penalty.
Q: Is the principle of retroactivity applicable to
The State has an The State has no special laws?
interest in this class or reason to insist in
injury. its payment. A: Yes. It is applicable even to special laws which
Offended party provide more favorable conditions to the accused.
cannot pardon the (U.S. vs. Soliman, 36 Phil. 5)
It can be waived by
offender so as to
the offended party.
relieve him of the Example: RA 9346 expressly recognized that its
penalty. enactment would have retroactive beneficial
effects; referring as it did to "persons whose
PENALTIES THAT MAY BE IMPOSED sentences were reduced to reclusion
Art. 21 perpetua by reason of this Act." The benefit of
Article 22 has to apply, except as to those
Q: What are the penalties that may be imposed? persons defined as "habitual
criminals." (People vs. Bon, G.R. 166401, Oct.
A: Only that penalty prescribed by law prior to the 30, 2006)
commission of the felony may be imposed. No
person shall be subject to criminal prosecution for
any act of his until after the State has defined the
crime and has fixed a penalty therefore. (U.S. vs.
Parrone, 24 Phil. 29, 35) It is a guaranty to the
67

Q: When is it not applicable? Q: What are the measures of prevention that are
not considered as penalty?
A:
1. When a new law increases the civil liability; A:
2. When a new law is expressly made 1. The arrest and temporary detention of
inapplicable. accused persons, as well as their
detention by reason of insanity or
Act Prohibiting the Imposition of Death Penalty in imbecility, or illness requiring their
the Philippines (R.A. 9346) confinement in a hospital.
2. The commitment of a minor to any of the
Q: What is the effect of R.A. 9346? institutions mentioned in Article 80 (now
P.D. 603) and for the purposes specified
A: The penalty meted out was thus reduced therein.
to reclusion perpetua. Furthermore, Sec. 3 of RA 3. Suspension from the employment or
9346 provides, public office during the trial or in order to
institute proceedings.
Persons convicted of offenses punished 4. Fines and other corrective measures
with reclusion perpetua, or whose which, in the exercise of their
sentences will be reduced to reclusion administrative or disciplinary powers,
perpetua, by reason of this Act, shall not superior officials may impose upon their
be eligibile for parole under Act No. 4103, subordinates.
known as the Indeterminate Sentence 5. Deprivation of rights and the reparations
Law, as amended. (People v. Lucero, G.R. which the civil law may establish in penal
No. 188705, March 2, 2011) form.

Q: Is the death penalty already abolished? Note: The aforementioned measures are not penalties
because they are not imposed as a result of judicial
A: No. What is prohibited under R.A. 9346 is only proceedings.
the imposition of death penalty.
PURPOSES
Note: However, the corresponding civil liability should
be the civil liability corresponding to death. (People v. Q: What are the purposes for the imposition of
Salome, G.R. No. 169077, Aug. 31, 2006) penalty under the RPC?

Q: What penalty would be imposed in lieu of the A:
death penalty? 1. Retribution or expiation penalty is
commensurate with the gravity of the offense.
A: In lieu of the death penalty, the following shall 2. Correction or reformation as shown by the
be imposed: rules which regulate the execution of the
1. Reclusion perpetua- when the law penalties consisting in deprivation of liberty.
violated makes use of the nomenclature 3. Social defense shown by its inflexible severity
of the penalties of the RPC; or to recidivists and habitual delinquents.
2. Life imprisonment- when the law violated
does not make use of the nomenclature Q: What is the Constitutional restriction on
of the penalties of the RPC. (Sec.2) penalties?

Q: What is the purpose of the law? A: The Constitution prohibits the imposition of
excessive fines, nor cruel and unusual punishment.
A: For justice, because the State has an existence of (Art. III, Sec. 19 (1) 1987 Phil. Constitution)
its own to maintain, a conscience to assert and
moral principles to be vindicated. Penal justice rests CLASSIFICATION OF PENALTIES
primarily on the moral rightfulness of the Art. 25
punishment imposed. (p. 232, Fundamentals of
Criminal Law, Gregorio, 2008) Q: What are the general classifications of
penalties?
MEASURES OF PREVENTION OR SAFETY WHICH
ARE NOT CONSIDERED AS PENALTIES A: They are classified into:
Art. 24

CRIMINAL LAW TEAM
68

BOOK 1: PENALTIES
1. Principal penalties those expressly Articles 226, 227 and 228, punishing infidelity
imposed by the court in the judgment of of public officers in the custody of documents,
conviction. provide for temporary special disqualification
2. Accessory penalties those that are as a principal penalty.
deemed included in the imposition of the
principal penalties. FINE
Art. 26
Q: What are the principal penalties according to
their divisibility? Q: How are fines imposed?

A: A: Fines are imposed either as single or as an
DIVISIBLE INDIVISIBLE alternative penalty.
Those that have Those which have no
fixed duration and fixed duration. e.g. Q: When is a fine considered as afflictive,
are divisible into death, reclusion correctional or light penalty?
three periods. perpetua, perpetual
absolute or special A:
disqualification, public FINE
censure. Afflictive over P6,000.00
Correctional P200.00 to
Q: What are the penalties according to subject- P6,000.00
matter? Light less than P200.00

A: Q: How do we reconcile the definition of light
1. Corporal (death) felony under Article 9 and the classification of fine
2. Deprivation of freedom (reclusion, prision, under Article 26?
arresto)
3. Restriction of freedom (destierro) A:
4. Deprivation of rights (disqualification and
suspension) ART. 9 (3) ART. 26
5. Pecuniary (fine) A felony punishable by If the amount of fine
arresto menor or a fine imposed is less than
Q: What are the penalties according to their not exceeding P200 is a P200, it is a light
gravity? light felony. penalty.

A: Note: If the fine prescribed by the law for a felony is
1. Capital - death exactly P200, it is a light felony because Art. 9 (3),
2. Afflictive reclusion perpetua to prision mayor which defines light felony should prevail.
3. Correctional prision correccional to destierro
4. Light arresto menor Q: In imposing the amount of fine, what shall the
court consider?
Note: This classification corresponds to the
classification of the felonies in Art. 9, grave, less grave A: The court must consider-
and light. a. The mitigating and aggravating
circumstances; and
Q: What are the penalties that can either be
principal or accessory? Note: Modifying circumstances are only of
secondary importance. There is subsidiary
A: Perpetual or temporary absolute disqualification, imprisonment if the penalty of fine is not
paid (Regalado, 2007)
perpetual or temporary special disqualification, and

suspension may be principal or accessory penalties.
b. More particularly, the wealth or means of

the culprit.
Illustration:

Note: This is the main consideration in the
Art. 236 punishing the crime of anticipation of
imposition of fines.
duties of a public office, provides for

suspension as a principal penalty.
Q: Can a penalty be imposed in the alternative?


69

A: No. The law does not permit any court to impose 1. Imposing the penalty of fine jointly and
a sentence in the alternative, its duty being to severally on the two convicted accused is
indicate the penalty imposed definitely and not proper. The penalty should be
positively. (People vs. Mercadejas, C.A., 54 O.G. imposed individually on every person
5707; People vs. Tabije, C.A., 59 O.G. 1922) accused of the crime. Any of the
convicted accused who is insolvent and
Q: E and M are convicted of a penal law that unable to pay the fine, shall serve the
imposes a penalty of fine or imprisonment or both subsidiary imprisonment.
fine and imprisonment. The judge sentenced them
to pay the fine, jointly and severally, with 2. The judge may not validly impose an
subsidiary imprisonment in case of insolvency. alternative penalty. Although the law may
(2005 Bar Question) prescribe an alternative penalty for a
crime, It does not mean that the court
1. Is the penalty proper? Explain. may impose the alternative penalties at
2. May the judge impose an alternative the same time. The sentence must be
penalty of fine or imprisonment? definite, otherwise, the judgment cannot
Explain. attain finality

A:

DURATION AND EFFECT OF PENALTIES
Section One Duration of Penalties
Art. 27
Q: What is the duration of each of different penalties?

A:
PENALTY DURATION
Reclusion perpetua 20 yrs. and 1 day to 40 yrs.
Reclusion temporal 12 yrs. and 1 day to 20 yrs.
6 yrs. and 1 day to 12 yrs., except when
Prision mayor and temporary disqualification disqualification is accessory penalty, in which case its
duration is that of the principal penalty.
6 mos. and 1 day to 6 yrs., except when suspension is
Prision correccional, suspension, and destierro an accessory penalty, in which case its duration is that
of the principal penalty.
Arresto mayor 1 mo. and 1 day to 6 mos.
Arresto menor 1 day to 30 days
The period during which the bond shall be effective is
Bond to keep the peace
discretionary on the court

Q: When is death penalty imposed? 14. Carnapping

A: Death penalty is imposed in the following crimes: Q: What are the distinctions between the penalty
1. Treason of reclusion perpetua and life imprisonment?
2. Piracy
3. Qualified Piracy A:
4. Qualified Bribery RECLUSION PERPETUA LIFE IMPRISONMENT
5. Parricide Pertains to the penalty Pertains to the penalty
6. Murder imposed for violation imposed for violation of
7. Infanticide of the RPC special laws
8. Kidnapping
It has fixed duration It has no fixed duration
9. Robbery with Homicide
10. Destructive Arson It carries with it It does not carry with it
11. Rape with Homicide accessory penalties accessory penalty
12. Plunder
13. Certain violations of the Dangerous Drugs
Act
CRIMINAL LAW TEAM
70

BOOK 1: PENALTIES
Note: Although reclusion perpetua has been given a judicial authorities for the enforcement of
fixed duration, it has remained to be an indivisible the penalty.
penalty. Indivisible penalties have no durations.
3. The duration of other penalties
Q: What is the nature of destierro? duration is from the day on which the
offender commences to serve his
A: Destierro is a principal penalty. It is a punishment sentence.
whereby a convict is banished to a certain place and
is prohibited from entering or coming near that Q: What are examples of temporary penalties?
place designated in the sentence, not less than 25
kilometers but not to extend beyond 250 A:
kilometers 1. Temporary absolute disqualification.
2. Temporary special disqualification.
Note: If the convict should enter the prohibited places, 3. Suspension.
he commits the crime of evasion of service of sentence
under Article 157. Q: In cases of temporary penalties, what rule
applies when the offender is not under detention
Q: In what cases can destierro be imposed? because he has been released on bail?

A: It can be imposed on the following: A: The duration is from the day on which the
1. Serious physical injuries or death under offender commences to serve his sentence.
exceptional circumstances. (Art. 247)
2. In the crime of grave threat or light Q: What are examples of penalties consisting in
threat, when the offender is required to deprivation of liberty?
put up a bond for good behavior but
failed or refused to do so (Art. 284) A:
3. As a penalty for the concubine in 1. Imprisonment.
concubinage. (Art. 334) 2. Destierro.
4. In cases where after reducing the penalty
by one or more degrees destierro is the PENALTIES WITH INHERENT ACCESSORY PENALTIES
proper penalty.
Q: What are accessory penalties that are
COMPUTATION OF PENALTIES inherently attached to principal penalties?
Art. 28
A:
Q: What are the rules for the computation of 1. Death when not executed by reason of
penalties? commutation or pardon shall carry with it:
a. Perpetual Absolute Disqualification
A: The following rules must be observed by the b. Civil Interdiction during the first thirty
Director of Prisons or the warden when computing (30) years following the date of the
the penalties imposed upon the convicts: sentence.

1. When the offender is in prison duration Note: Such accessory penalties shall be
of temporary penalties is from the day on continuously suffered by the convict even if the
which the judgment of conviction principal penalty has been pardoned; unless such
becomes final. penalties have been expressly remitted in the
pardon.
Ratio: The duration of temporary
penalties shall be computed only from the 2. Reclusion Perpetua and Reclusion Temporal
day the judgment of conviction becomes shall carry with it:
final, and not from the day of his a. Civil Interdiction for life or during the
detention because under Art. 24 the period of the sentence
arrest and temporary detention of the b. Perpetual Absolute Disqualification which
accused is not considered a penalty. shall still be served even if the principal
penalty has been pardoned. Unless when
2. When the offender is not in prison the same has been expressly remitted in
duration of penalty consisting in the pardon.
deprivation of liberty, is from the day that 3. Prision Mayor shall carry with it:
the offender is placed at the disposal of a. Temporary Absolute Disqualification
71

b. Perpetual Special Disqualification of the retirement pay or

right to suffrage which the offender shall other pension for
suffer even if the principal penalty has any office
been pardoned. Unless the same has formerly held.
been expressly remitted in the pardon.
4. Prision Correccional shall carry with it:
a. Suspension from public office and the Q: What are the effects produced by the penalties
right to practice a profession or calling of perpetual or temporary special disqualification
b. Perpetual Special Disqualification from for public office, profession or calling?
the right of suffrage if the duration of the
imprisonment shall exceed 18 months, A:
which shall be suffered even if the 1. Deprivation of the office, employment,
principal penalty has been pardoned. profession or calling affected.
Unless the same has been expressly 2. Disqualification for holding similar offices or
remitted in the pardon. employments perpetually or during the term
5. Arresto shall carry with it suspension of the of the sentence. (Art. 31)
right to hold public office, and the right of
suffrage during the term of the sentence. Q: What are the effects produced by the penalties
of perpetual or temporary special disqualification
Note: The RPC does not provide for any accessory for the exercise of suffrage?
penalty for destierro.
A:
Effects of the penalties according to their 1. Deprivation of right to vote or to be elected to
respective nature any public office.
2. Cannot hold any public office during the period
Q: What are the effects produced by the penalties of disqualification. (Art. 32)
of perpetual or temporary absolute
disqualification for public office? Q: What are the effects produced by the penalties
of suspension from public office, profession or
A: calling or the right of suffrage?
1. Deprivation of public offices and
employments, even if by election. A:
2. Deprivation of right to vote or be elected to 1. Disqualification from holding such office or
such office. exercising such profession or calling or right of
3. Disqualification for the offices or public suffrage during the term of the sentence.
employments and for the exercise of any of 2. If suspended from public office, the offender
the rights mentioned. cannot hold another office having similar
4. Loss of right to retirement pay or pension for functions during the period of suspension.
any office formerly held. (Art. 30) (Art. 33)

Q: What is the distinction between perpetual Q: Is disqualification a denial of ones right?
absolute disqualification and temporary absolute
disqualification? A: No. Disqualification is withholding of privilege
only. It is imposed for protection not for
A: punishment. The presumption is that one rendered
Perpetual absolute Temporary absolute infamous by conviction of felony, or other base
disqualification disqualification offenses indicative of moral turpitude, is unfit to
Disqualification lasts exercise the privilege of suffrage or to hold office.
during the term of the (People vs. Corral, 62 Phil. 945, 948)
sentence, and is
Effective during the removed after the Q: Cataquiz argues that his removal has rendered
lifetime of the service of the same, the imposition of the principal penalty of dismissal
convict and even except: impossible. Consequently, citing the rule that the
after the service of (1) Deprivation of the accessory follows the principal, he insists that the
the sentence. public accessory penalties may no longer be imposed on
office/employmen him. Is he correct?
t;
(2) Loss of all rights to
CRIMINAL LAW TEAM


BOOK 1: PENALTIES
A: No. The accessory penalties of disqualification 284) an accused person

from re-employment in public service and forfeiture after his arrest or
of government retirement benefits can still be during trial but before
imposed on him, notwithstanding the impossibility final judgment of
of effecting the principal penalty of dismissal conviction. (Rule 114,
because of his removal from office. Even if the most Revised Rules of
severe of administrative sanctions that of Criminal Procedure)
separation from service may no longer be
imposed, there are other penalties which may be Q: What are the distinctions between bond to
imposed on her if she is later found guilty of keep peace and bond for good behavior?
administrative offenses charged against her,
namely, the disqualification to hold any A:
government office and the forfeiture of benefits. BOND TO KEEP THE BOND FOR GOOD
(O.P. v. Cataquiz, G.R. No. 183445, September 14, PEACE BEHAVIOR
2011 reiterating Pagano v. Nazarro , Jr.) Failure to post a bond to
keep the peace results to
Q: What is civil interdiction? The legal effect of
imprisonment either for 6
failure to post a bond
months or 30 days,
A: It is an accessory penalty which produces the for good behavior is
depending on whether
following effects: not imprisonment but
the felony committed is
a. Deprivation of the rights of parental destierro under Article
grave or less grave on
authority or guardianship of any ward. 284
one hand, or it is light
b. Deprivation of marital authority. only
c. Deprivation of the right to manage his It is applicable only to
property and of the right to dispose of It is not applicable to any
cases of grave threats
such property by any act or any particular case
and light threats
conveyance inter vivos. (Art. 34)
CONFISCATION AND FORFEITURE OF THE
Note: Offender may dispose such property PROCEEDS OR INSTRUMENTS OF THE CRIME
by will or donation mortis causa.
Q: What shall every penalty carry aside from
Q: What is the duty of a person sentenced to give accessory penalties?
bond to keep the peace?
A: Every penalty imposed shall carry with it the
A: It shall be the duty of the offender to: confiscation of the proceeds of the crime and the
a. Present two sufficient sureties who shall instruments or tools with which it was committed.
undertake that the offender will not
commit the offense sought to be Such proceeds, instruments or tools would be
prevented, and that in case such offense confiscated and forfeited in favor of the
be committed they will pay the amount Government:
determined by the court; or a. Unless they are properties belonging to a
b. Deposit such amount with the clerk of third person who is not liable for the
court to guarantee said undertaking; or offense.
c. The offender may be detained, if he b. Articles which are not subject to lawful
cannot give the bond, for a period not to commerce shall be destroyed.
exceed 6 months if prosecuted for grave
or less grave felony, or for a period not to Q: Can a third person invoke the provision of
exceed 30 days, if for a light felony. (Art. Article 45 of the Revised Penal Code or Section 20
35) of R.A. 9165 (which provides that every penalty
imposed therein shall carry with it forfeiture and
Q: What is the distinction between a bond to keep confiscation in favor of the government unless
the peace and a bail bond? they are property of a third person not liable for
the unlawful act) to recover his property which has
A: been taken by the authorities while the main case
Bond to keep the Bail bond is going on?
peace
It is imposed as a It is posted for the A: No. The status of any article confiscated in
distinct penalty (Art. provisional release of relation to the unlawful act for the duration of the
73

trial in the RTC as being in custodia legis is primarily A: Period is each of the three equal parts of a
intended to preserve it as evidence and to ensure divisible penalty, while degree is the diverse
its availability as such. To release it before the penalties mentioned by name in the Revised Penal
judgment is rendered is to deprive the trial court Code.
and the parties access to it as evidence. Forfeiture,
if warranted pursuant to either Article 45 of Q: What are the rules for the application of
the Revised Penal Code and Section 20 of R.A. No. indivisible penalties?
9165, would be a part of the penalty to be
prescribed. The determination of whether or not A:
any article confiscated in relation to the unlawful 1. When the penalty is single indivisible, it shall
act would be subject of forfeiture could be made be applied regardless of any mitigating or
only when the judgment was to be rendered in the aggravating circumstances. (except privileged
proceedings. (PDEA v Brodett, G.R. No. 196390, mitigating)
September 28, 2011) 2. When the penalty is composed of two
indivisible penalties, the following rules shall
APPLICATION OF PENALTIES be observed:
a. When there is only one aggravating
Q: How are penalties applied? circumstance, the greater penalty shall be
imposed.
A: Penalties are applied based on: b. When there is neither mitigating nor
1. The stages of commission of the felony aggravating circumstances, the lesser
a. Consummated penalty shall be imposed.
b. Frustrated c. When there is a mitigating circumstance
c. Attempted and no aggravating circumstance, the
2. The offenders and their participation lesser penalty shall be imposed.
a. Principal d. When both mitigating and aggravating
b. Accomplice circumstances are present, the court shall
c. Accessory allow them to offset one another.
3. Aggravating and mitigating circumstances.
Note: In the last instance, it is the moral value,
Q: In what cases are mitigating and aggravating rather than the numerical weight which should
circumstances not considered in the imposition of prevail.
penalty?
Q: What are the rules for the application of
A: penalties which contain three periods?
1. When penalty is single and indivisible.
2. In felonies thru negligence. A:
3. The penalty to be imposed upon a Moro or 1. No aggravating and no mitigating- medium
other non-Christian inhabitants. It lies in the period.
discretion of the trial court, irrespective of the 2. Only mitigating- minimum period
attending circumstances. 3. Only aggravating- maximum period.
4. When the penalty is only a fine imposed by an 4. When there are aggravating and mitigating-
ordinance. the court shall offset those of one class against
5. When the penalties are prescribed by special the other according to relative weight.
laws. 5. Two or more mitigating and no aggravating-
penalty next lower, in the period applicable,
Q: What are the two classifications of penalties? according to the number and nature of such
circumstances.
A: There are two (2) general classifications of 6. No penalty greater than the maximum period
penalties: of the penalty prescribed by law shall be
1. Indivisible imposed, no matter how many aggravating
2. Divisible- can be divided into 3 periods circumstances are present.
a. Minimum 7. The court can determine the extent of penalty
b. Medium within the limits of each period, according to
c. Maximum the number and nature of the aggravating and
mitigating circumstances and the greater or
Q: Differentiate period from degree lesser extent of the evil produced by the crime.

Q: When is the graduated scale followed?
CRIMINAL LAW TEAM


BOOK 1: PENALTIES

A: The graduated scale is followed when the law Scale 1
prescribes a penalty lower or higher by one or more
degrees than another given penalty.
1. Death 6. Arresto Mayor
2. Reclusion Perpetua 7. Destierro
3. Reclusion Temporal 8. Arresto Menor
4. Prision mayor 9. Public censure
5. Prision Correccional 10. Fine
5. Fine
Scale 2
1. Perpetual or Temporary Absolute Q: What is the rule in increasing the penalty of fine
Disqualification by one or more degrees
2. Perpetual or Temporary Special
Disqualification A: Fines shall be increased or reduced for each
3. Suspension from public office, the degree by of the maximum amount. The
right to vote and to be voted for, the minimum amount prescribed by law shall not be
profession or calling changed.
4. Public Censure

Q: What are the penalties imposed on principals, accomplices, accessories, in accordance to the stages of
committing a felony?

A:
Consummated Frustrated Attempted
Principals Penalty prescribed by law for 1 degree lower than 2 degrees lower than
the offense. the penalty prescribed the penalty prescribed
by law by law
Accomplices 1 degree lower than the 2 degrees lower than 3 degrees lower than
penalty prescribed by law. the penalty prescribed the penalty prescribed
by law for a frustrated by law for a frustrated
felony felony
Accessories 2 degrees lower than the 3 degrees lower than 4 degrees lower than
penalty prescribed by law the penalty prescribed the penalty prescribed
by law for an by law for an
attempted felony attempted felony

Note: GR: a. Absolute Perpetual Disqualification if the
a. Penalties are imposed upon the principals. principal offender is guilty of a grave
b. Whenever the law prescribes a penalty for a felony.
felony in general terms, it shall be b. Absolute Temporary Disqualification if the
understood to apply to a consummated offender is guilty of a less grave felony.
felony.
Q: What are the penalties to be imposed upon
XPN: This shall not apply if:
principals when the crime consummated was
a. The law expressly provides penalties
different from that which was intended?
for accomplices and accessories of a

crime.
b. the law expressly provides penalties for A: Rules:
frustrated and attempted stages; a. If the penalty prescribed for the felony
committed is higher than the penalty
Q: What are the additional penalties imposed to prescribed for the felony originally
certain accessories? intended, the penalty corresponding to
the latter shall be imposed in its
A: Those accessories falling within the terms of maximum period.
Paragraph 3, Article 19 of this code who shall act b. If the penalty prescribed for the felony
with abuse of their public functions shall suffer an committed is lower than the penalty
additional penalty of: prescribed for the felony originally
intended, the penalty corresponding to
75

the former shall be imposed in its either of the latter offenses, such penalty
maximum period. shall be imposed in its maximum period.
c. The rule in the next preceding paragraph
shall not apply if the acts committed by Q: What penalties may be simultaneously served?
the guilty person shall constitute an
attempt or frustration of another crime. If A:
the law prescribes a higher penalty for
1. Perpetual absolute disqualification 6. Destierro
2. Perpetual special disqualification 7. Public censure
3. Temporary absolute disqualification 8. Fine and bond to keep the peace
4. Temporary special disqualification 9. Civil interdiction
5. Suspension 10. Confiscation and payment of costs
A:
Indeterminate Sentence Law PENALTY IS IMPOSED BY THE RPC:
(R.A. 4103, as amended by Act No. 4225)
1. The Maximum Term is that which in view of
Q: What is an indeterminate sentence? the attending circumstances could be properly
imposed under the RPC
A: It is a sentence with a minimum term and a 2. The Minimum Term is within the range of the
maximum term which the court is mandated to penalty next lower to that prescribed by the RPC
impose for the benefit of a guilty person who is not
disqualified therefore, when the maximum PENALTY IS IMPOSED BY SPECIAL PENAL LAW:
imprisonment exceeds 1 year.
1. The Maximum Term must not exceed the
Q: What is the purpose of the indeterminate maximum term fixed by said law.
sentence law? 2. The Minimum Term must not be less than the
minimum term prescribed by the same.
A: The purpose of the indeterminate sentence law
is to avoid prolonged imprisonment because it is Q: Who are disqualified from availing the benefits
proven to be more destructive than constructive to of the indeterminate sentence law?
offenders.
A: The Indeterminate sentence law shall not apply
Q: When does indeterminate sentence apply? to persons:
1. Convicted of:
A: Indeterminate sentence applies mandatorily to a. An offense punishable with death
violations of both the RPC and special laws where penalty, reclusion perpetua or life
imprisonment would exceed one (1) year, and imprisonment
where the penalty is divisible. (Sec.1) b. Treason, conspiracy or proposal to
commit treason
Q: How is the indeterminate sentence imposed? c. Misprision of treason, rebellion,
sedition, espionage
A: In imposing a prison sentence for an offense d. Piracy
punished by the RPC or special penal laws, the court 2. Who are habitual delinquents
shall sentence the accused to an indeterminate 3. Who shall have escaped from
sentence, which has a maximum and a minimum confinement or evaded sentence
term based on the penalty actually imposed. 4. Granted conditional pardon by the Chief
Executive and shall have violated the term
Note: The term minimum refers to the duration of the (condition) thereto
sentence which the convict shall serve as a minimum 5. Whose maximum term of imprisonment
to be eligible for parole. The term maximum refers to does not exceed one year
the maximum limit of the duration that the convict 6. Sentenced to the penalty of destierro or
may be held in jail. For special laws, it is anything suspension only; Any person convicted of
within the inclusive range of prescribed penalty. Courts a crime but the penalty imposed upon
are given discretion in the imposition of the him does not involve imprisonment
indeterminate penalty. 7. Who are already serving final judgment
upon the approval of the Indeterminate
Q: What are the rules in imposing a penalty under Sentence Law. (Sec. 2)
the Indeterminate sentence law?

CRIMINAL LAW TEAM


BOOK 1: PENALTIES
Note: Although the penalty prescribed for the felony A: When the paroled prisoner shall violate any of
committed is death or reclusion perpetua, if after the conditions of his parole, he may be:
considering the attendant circumstances, the 1. Rearrested; and
imposable penalty is reclusion temporal or less, the 2. Thereafter, he shall serve the remaining
Indeterminate Sentence Law applies. unexpired portion of the maximum
sentence for which he was originally
Q: When is a prisoner qualified for release on committed to prison. (Sections 8 of the
parole? Indeterminate Sentence Law)

A: Whenever any prisoner shall: THREE FOLD RULE
1. Have served the minimum penalty
imposed upon him Q: What are the different systems of penalties
2. Appear to the board of indeterminate relative to two or more penalties imposed on one
sentence, from the reports of the and the same accused?
prisoners work and conduct, and from
the study and investigation made by the A:
board itself that: 1. Material accumulation system- no limitation
a. Fitted by his training for release; whatever. All the penalties for all violations
b. Reasonable probability that such were imposed even if they reached beyond the
prisoner will live and remain at natural span of human life.
liberty without violating the law;
c. Release will not be incompatible 2. Juridical accumulation system- limited to not
with the welfare of society. (Section more than the three fold length of time
5 of the Indeterminate Sentence Law) corresponding to the most severe and in no
case exceed 40 years.
Q: When is a prisoner on parole entitled to final
release and discharge? 3. Absorption system- the lesser penalties are
absorbed by the graver penalties. It is
A: If during the period of surveillance such paroled observed in the imposition of the penalty in
prisoner shall: complex crimes, continuing crimes, and
1. Show himself to be a law abiding citizen specific crimes like robbery with homicide, etc.
and;
2. Not violate any law, (Section 6 of the Q: What is the rule if the culprit has to serve 2 or
indeterminate Sentence Law) more penalties?

Note: The Board may issue a final certification in his A: If the culprit has to serve 2 or more penalties, he
favor, for his final release and discharge. (Sec. 6) shall serve them simultaneously if the nature of the
penalties will so permit. Otherwise, the penalties
Q: What are the sanctions for the violation of the shall be served successively on the order of their
conditions of parole? severity as follows:

1. Death 8. Destierro
2. Reclusion perpetua 9. Perpetual absolute disqualification
3. Reclusion temporal 10. Temporary absolute disqualification
4. Prision mayor 11. Suspension from public office, the right to
5. Prision correccional vote and be voted for, the right to follow
6. Arresto mayor profession or calling
7. Arresto menor 12. Public censure

Q; What is the three-fold rule?
A: If a convict has to serve at least four sentences,
A: The maximum duration of a convicts sentence continuously.
shall not be more than three times the length of
time corresponding to the most severe of the Note: All the penalties, even if by different courts at
penalties imposed upon him but in no case exceed different times, cannot exceed three-fold most severe.
40 years.

Q: When does the three-fold rule apply?
77

COSTS pay in money to the offended party and to the

government. They consists of: reparation of the
Q: What are included in costs? damage caused, indemnification of consequential
damages, fine, and costs of the proceedings. (UP
A: It shall include fees and indemnities in the course Law Complex, Suggested Answer to Bar Questions)
of judicial proceedings. (2005 Bar Question)

Q: To whom are costs chargeable? SUBSIDIARY PENALTY

A: Q: What is subsidiary penalty?
1. In case of conviction chargeable to the
accused. A: It is a subsidiary personal liability to be suffered
2. In case of acquittal costs are de officio; each by the convict who has no property with which to
party shall bear his own expenses. meet the fine, at the rate of one day for each
amount equivalent to the highest minimum wage
Q: Can there be costs against the Republic? rate prevailing in the Philippines at the time of the
rendition of judgment of conviction by the trial
A: No costs shall be allowed against the Republic of court. (R.A. 10159 approved on April 10, 2012.)
the Philippines, unless otherwise provided by law.
(Sec. 1, Rule 142, Rules of Court) Q: When is subsidiary penalty imposed?

Q: Is the payment of costs discretionary? A:
1. When there is a principal penalty of
A: Yes. Such matter rests entirely upon the imprisonment or any other principal penalty
discretion of courts. The Government may request and it carries with it a fine; or
the court to assess costs against the accused, but 2. When penalty is only a fine.
not as a right.
Note: A subsidiary penalty is not an accessory penalty.
PECUNIARY LIABILITIES It is a penalty imposed upon the accused and served by
him in lieu of the fine which he fails to pay on account
Q: What are the pecuniary liabilities of persons of insolvency. The accused cannot be made to undergo
criminally liable? subsidiary imprisonment unless the judgment
expressly so provides.
A:
1. Reparation of the damage caused. Q: What are the rules as to subsidiary
2. Indemnification of the consequential damages. imprisonment?
3. Fine.
4. Costs of proceedings. A:
1. Penalty imposed is prision correccional
Q: When does this article apply? or arresto and fine subsidiary
imprisonment, not to exceed 1/3 of the
A: It applies when the property of the offender is term of the sentence, and in no case to
not sufficient to pay for all of his pecuniary continue for more than one year. Fraction
liabilities. or part of a day, not counted.
2. Penalty imposed is fine only subsidiary
Q: Can the court disregard the order of payment? imprisonment:
a. Not to exceed 6 months if
A: No. The order of payment of pecuniary liabilities prosecuted for grave or less grave
in this article must be observed. felony;
b. Not to exceed 15 days if
Q: Distinguish pecuniary penalties from pecuniary prosecuted for light felony.
liabilities. 3. Penalty imposed is higher than prision
correccional no subsidiary
A: Pecuniary penalties are those which a convicted imprisonment.
offender may be required to pay in money to the 4. Penalty imposed is not to be executed by
Government. These are fines and costs of confinement, but of fixed duration
proceedings. Pecuniary liabilities on the other hand subsidiary penalty shall consist in the
are those which a convicted offender is required to same deprivations as those of the
CRIMINAL LAW TEAM


BOOK 1: PENALTIES
principal penalty, under the same rules A:

abovementioned. 1. When the offenders or accused are recidivists
(including habitual delinquents); and
Note: There is no subsidiary penalty for nonpayment 2. When upon being summoned for the
of damages to the offended party. execution of their sentence they have failed to
surrender voluntarily.
Q: After the convict has suffered subsidiary
personal liability, is he still required to pay the Q: What if the period of the preventive
fine? imprisonment is equal to or more than the
possible maximum imprisonment of the offense
A: Yes. Notwithstanding the fact that the convict charged?
suffered subsidiary personal liability, he shall pay
the fine in case his financial circumstances should A: The accused shall be released immediately
improve. without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the same is
Q: When is subsidiary penalty not imposed? under review.

A: There is no subsidiary penalty if the penalty Q: If the penalty imposed after trial is less than
imposed by the court is prision mayor, reclusion the full time or less than four-fifths of the
temporal, or reclusion perpetua. preventive imprisonment, what must the court
do?
Q: Is subsidiary imprisonment applicable to
violations of special laws? A: The convict must be released immediately.

A: Yes. Persons convicted of violation of special Q: What if the maximum penalty to which the
laws are liable to subsidiary imprisonment in case accused may be sentenced is destierro?
of insolvency in the payment of indemnity, except
where the indemnity consists in unpaid internal A: The accused shall be released after thirty (30)
revenue tax. (People vs. Domalaon, C.A., 56 O.G. days of preventive imprisonment.
5072, citing People vs. Moreno, 60 Phil. 712 and
People vs. Arnault, 92 Phil. 252) Note: In destierro, the accused sentenced to that
penalty does not serve it in prison. He is free, only
Distinguished from Preventive Imprisonment that he cannot enter the prohibited area specified in
the sentence.
Q: When is there preventive imprisonment?
Q: Can a youthful offender be credited in the
A: An accused undergoes a preventive service of his sentence, with the full time he spent
imprisonment when the offense charged is in actual confinement?
nonbailable, or even if bailable, he cannot furnish
the required bail. A: Yes. Article 197 of the Child and Youth Welfare
Code (P.D. No. 603) also provides that it is not
Q: How much of the time spent by offenders necessary that the offender agreed to abide by the
during a preventive imprisonment can be credited disciplinary rules imposed upon convicted
for the service of their sentence? prisoners.

A: The full time during which offenders have Q: Must preventive imprisonment be considered
undergone preventive imprisonment shall be in perpetual penalties?
deducted from the penalty imposed, provided, the
detention prisoner agrees voluntarily in writing to A: Yes. The article does not make any distinction
abide by the same disciplinary rules imposed upon between temporal and perpetual penalties.
convicted prisoners. Otherwise, he shall be only
credited in the service of his sentence with four- Illustration:
fifths (4/5) of the time during which he has
undergone preventive imprisonment An accused who is sentenced to life
imprisonment may still be entitled to the full
Q: Who are the offenders not entitled to the full time or four-fifth (4/5) of the time of the
time or four-fifths of the time of preventive preventive imprisonment. (U.S. vs. Ortecio, 38
imprisonment? Phil. 341, 345)

79

Q: What if upon conviction of the offender respectable member of the community. (Art.
undergoing preventive imprisonment, the court 88)
imposed on him only a fine. Can credit be given?
Q: When may a defendant serve his sentence in his
A: No. The credit is given in the service of house?
sentences consisting of deprivation of liberty.
A:
Illustration: 1. The penalty is arresto menor;
2. It is conditioned with surveillance by an officer
A was accused of a violation of Art. 144 of the of the law;
Revised Penal Code. The penalty provided for 3. Either:
is arresto mayor or a fine from P200 to P1, a. It is due to the health of the offender;
000. He was detained for 10 days during the b. Other reasons satisfactory to the court
pendency of his trial. A was found guilty and (Art. 88).
was sentenced to pay a fine of P500. He
cannot now claim that his fine should be Q: Enumerate instances or situations in criminal
reduced accordingly to his preventive cases wherein the accused either as an adult or as
imprisonment because his sentence does not a minor, can apply for and/or be granted a
consist in deprivation of liberty. suspended sentence.

Execution and Service of Penalties A:
1. Where the accused became insane before
Q: When is a penalty executed? sentence could be promulgated under Art 79
of RPC
A: No penalty shall be executed except by virtue of 2. Where the offender, upon conviction by the
a final judgment (Art. 78). trial court, filed an application for probation
which has been granted (Baclayon v Mutia,
Q: When does a judgment become final? 1984)
3. Where the offender needs to be confined in a
A: Fifteen days after promulgation of the judgment rehabilitation center because of drug
when the accused does not appeal. dependency although convicted of the crime
charged
Note: However, if the defendant has expressly waived 4. Where the offender is a youthful offender
in writing his right to appeal, the judgment becomes under Art 192 of P.D. 603
final immediately (Rule 120, Sec. 7, Rules of Court). 5. Where the crime was committed when the
offender is under 18 years of age and he is
Q: How are penalties executed? found guilty thereof in accordance with RA
9344, but the trial court subjects him to
A: Only in the form prescribed by law and any other appropriate disposition measures as
circumstances and incidents shall be expressly prescribed by the Supreme Court in the Rule
authorized thereby (Art. 78, par. 2). on Juveniles in Conflict with the Law.
6. Under R.A. 9165
Q: Where shall the penalties of reclusion perpetua, a. First time minor offender - an accused is
reclusion temporal, prision correccional, and over 15 at the time of the commission of
arresto mayor be served? the offense but not more than 18 years of
age at the time when judgment should
A: In the places and penal establishments provided have been promulgated after having been
by the Administrative Code (Art. 86). found guilty of said offense if he has not
been previously convicted of violating any
Q: Where is the place of service of arresto menor? provision of RA 9165,
b. He has not been previously committed to
A: a Center or to the care of a DOH-
1. In the municipal jail; accredited physician
2. In the house of the offender, but under the c. The Board favorably recommends that his
surveillance of an officer of the law whenever sentence be suspended.
the court provides in the decision due to the 7. When the sentence is death, its execution may
health of the offender. But the reason is not be suspended or postponed by the Supreme
satisfactory just because the offender is a Court, through the issuance of R.O. upon the
CRIMINAL LAW TEAM


BOOK 1: PENALTIES
ground of supervening events (Echegaray v.

Secretary of Justice, G.R. No. 132601, January A: The Trial Court may, after it shall have convicted
19, 1999) (2006 Bar Question) and sentenced a defendant upon application by
said defendant within the period for perfecting an
PROBATION LAW (P.D. 968) appeal, suspend the execution of the sentence and
place the defendant on probation for such period
Q: What is Probation? and upon such terms and conditions as it may deem
best; Provided, That no application for probation
A: It is a disposition under which a defendant, after shall be entertained or granted if the defendant has
conviction and sentence, is released subject to perfected an appeal from the judgment of
conditions imposed by the court and to the conviction.
supervision of a probation officer.
Note: The accused cannot avail probation if he appeals
Q: Who is a probation officer? his conviction irrespective of the purpose of the appeal
even if it is only to question the propriety of the
A: One who investigates for the court a referral for penalty imposed. (Sandoval, 2010)
probation or supervises a probationer or both.
Q: If the sentence imposed is a mere fine, can the
Q: What is the purpose of the law? offender avail of the benefits of the Probation
law?
A:
1. Promote the correction and rehabilitation of A. Yes. Probation may be granted whether the
an offender by providing him with sentence imposes a term of imprisonment or a fine
individualized treatment; only.
2. Provide an opportunity for the reformation of
a penitent offender which might be less Q: What happens to accessory penalties once
probable if he were to serve a prison sentence; probation is granted?
and
3. Prevent the commission of offenses. A: Accessory penalties are deemed suspended.

Q: What is the effect of the filing for application Q: What is the criteria to be determined by the
for probation? courts in placing an offender on Probation?

A: A judgment of conviction becomes final when A: In determining whether an offender may be
the accused files a petition for probation. However, placed on probation, the court shall consider all
the judgment is not executory until the petition for information relative to the character, antecedents,
probation is resolved. The filing of the petition for environment, mental and physical condition of the
probation is a waiver by the accused of his right to offender, and available institutional and community
appeal the judgment of conviction. resources.

Note: An order placing defendant on probation is not a Q: When shall probation be denied?
sentence but a suspension of the imposition of
sentence. It is an interlocutory judgment in nature. A: Probation shall be denied if the court finds that:
a. The offender is in need of correctional
Q: Who can apply for probation? treatment that can be provided most
effectively by his commitment to an
A: GR: Only those whose penalty does not exceed institution; or
six years of imprisonment are qualified for b. There is an undue risk that during the
probation, without regard to the nature of the period of probation the offender will
crime. Hence, if the penalty is six years and one day, commit another crime; or
he is no longer qualified for probation. c. Probation will depreciate the seriousness
of the offense committed.
XPN:
1. First time minor offenders under R.A. Q: What is the remedy if the application for
9165 probation is denied?
2. Violation of the Revised Election Code
A: An order granting or denying probation shall not
Q: How can an offender avail of the benefits of be appealable. Hence, the remedy is a Motion for
probation?
81

Reconsideration and if denied, a petition for

certiorari. Q: What is the period of probation?

Q: Who are disqualified to avail the benefits of the A:
probation law? 1. The period of probation of a defendant
sentenced to a term of imprisonment of not
A: Those who are: more than one year shall not exceed two
a. Sentenced to serve a maximum term of years, and in all other cases, said period shall
imprisonment of more than six (6) years; not exceed six years.
b. Convicted of subversion or any crime 2. When the sentence imposes a fine only and
against the national security or the public the offender is made to serve subsidiary
order; imprisonment in case of insolvency, the period
c. Who have previously been convicted by of probation shall not be less than nor be more
final judgment of an offense punishable than twice the total number of days of
by imprisonment of not less than one subsidiary imprisonment.
month and one day and/or a fine of not
less than two hundred pesos; Q: What are the Conditions of Probation?
d. Who have been once on probation under
the provision of this Decree; and A:
e. Who are already serving sentence at the 1. Present himself to the probation officer
time the substantive provisions of this designated to undertake his supervision at
Decree became applicable pursuant to such place as may be specified in the order
Section 33 hereof. within seventy-two hours from receipt of said
order;
Note: In multiple prison terms, imposed against the 2. Report to the probation officer at least once a
accused found guilty of several offenses should not be month at such time and place as specified by
added up, and their sum total should not be said officer;
determinative of his disqualification from probation
since the law uses the word maximum not total The court may also require the probationer to:
term of imprisonment. (Francisco v. CA, et. al, 243 a. Cooperate with a program of supervision;
SCRA 384) b. Meet his family responsibilities;
c. Devote himself to a specific employment
Q: Arnel Colinares was found guilty of frustrated and not to change said employment
homicide by the RTC. On appeal, CA affirmed. On without the prior written approval of the
petition for review, SC ruled that he was only probation officer;
guilty of attempted homicide, which penalty is d. Undergo medical, psychological or
probationable. Is Colinares now entitled to apply psychiatric examination and treatment
for probation upon remand of the case to the and enter and remain in specified
lower court, even after he has perfected his appeal institution, when required for that
to a previous conviction (frustrated homicide) purpose;
which was not probationable? e. Pursue a prescribed secular study or
vocational training;
A: Yes. What is clear is that, had the RTC done what f. Attend or reside in a facility established
was right and imposed on Arnel the correct penalty for instruction, recreation or residence of
of two years and four months maximum, he would persons on probation;
have had the right to apply for probation. Arnel did g. Refrain from visiting houses of ill- repute;
not appeal from a judgment that would have h. Abstain from drinking intoxicated
allowed him to apply for probation. He did not beverages to excess;
have a choice between appeal and probation. While i. Permit the probation officer or an
it is true that probation is a mere privilege, the authorized social worker to visit his home
point is not that Arnel has the right to such and place of work;
privilege; he certainly does not have. What he has is j. Reside at premises approved by it and not
the right to apply for that privilege. If the Court to change his residence without its prior
allows him to apply for probation because of the written approval; or
lowered penalty, it is still up to the trial judge to k. Satisfy any other condition related to the
decide whether or not to grant him the privilege of rehabilitation of the defendant and not
probation, taking into account the full unduly restrictive of his liberty or
circumstances of his case. (Colinares v. People, G.R.
No. 182748, December 13, 2011)
CRIMINAL LAW TEAM


BOOK 1: PENALTIES
incompatible with his freedom of

conscience. Q: What is juvenile justice and welfare system?
l. Plant trees
A: Juvenile Justice and Welfare System" refers to a
Q: What are the sanctions imposed if the system dealing with children at risk and children in
probationer commits any serious violation of the conflict with the law, which provides child-
conditions of probation? appropriate proceedings, including programs and
services for prevention, diversion, rehabilitation, re-
A: integration and aftercare to ensure their normal
1. The court may issue a warrant for the arrest of growth and development. (Sec. 4, RA 9344)
a probationer.
2. If violation is established, the court may: Q: Where a child is detained, what may the court
a. Revoke his probation; or order?
b. Continue his probation and modify the
conditions thereof. This order is not A:
appealable. 1. The release of the minor on recognizance to
3. If probation is revoked, the probationer shall his/her parents and other suitable persons;
serve the sentence originally imposed. 2. The release of the child in conflict with the law
on bail;
Q: When can probation be terminated? 3. The transfer of the minor to a youth detention
home/youth rehabilitation center.
A: The court may order the final discharge of the
probationer upon finding that, he has fulfilled the Note: The court shall not order the detention of a child
terms and conditions of probation. in a jail pending trial or hearing of his/her case except
in youth detention homes established by local
Note: The mere expiration of the period for probation governments (Sec. 35, RA 9344).
does not, ipso facto, terminate the probation.
Probation is not co-terminus with its period, there Q: What other alternative to imprisonment may
must be an order from the Court of final discharge, be availed of by a child in conflict with the law
terminating the probation. If the accused violates the under RA 9344?
condition of the probation before the issuance of said
order, the probation may be revoked by the Court. A: The court may, after it shall have convicted and
(Manuel Bala v. Martinez, 181 SCRA 459) sentenced a child in conflict with the law, and upon
application at any time, place the child on
Q: What is the effect of termination of probation? probation in lieu of service of sentence. (Sec. 42, RA
9344)
A:
1. Case is deemed terminated.
2. Restoration of all civil rights lost or suspended.
3. Fully discharges liability for any fine imposed.

Comprehensive Dangerous Drugs of 2002

Q: Who are disqualified to avail the benefits of
probation?

A: Any person convicted for drug trafficking or
pushing under the Comprehensive Dangerous Drugs
Act of 2002, regardless of the penalty imposed by
the Court, cannot avail of the privilege granted by
the Probation Law or Presidential Decree No. 968 as
amended. (Sec 24 of RA 9165 or CDDA of 2002)

Q: Who are qualified to avail the benefits of
probation?

A: A first time minor offender

Juvenile Justice and Welfare Act
83

VI. MODIFICATION AND EXTINCTION OF CRIMINAL 2. When eight justices of the Supreme Court fail
LIABILITY to reach a decision for the affirmance of the
death penalty (Reyes, p. 868).
Q: How is criminal liability extinguished?
Q: What is then nature of good conduct
A: Criminal liability may be extinguished either, allowances?
partially or totally.
A: Allowances for good conduct are deductions
Q: When is there partial extinction of criminal from the term of sentence for good behavior (Art.
liability? 97). The following shall be the deductions from the
period of sentence of any prisoner in good conduct:
A: 1. During the first two years of
1. By conditional pardon; imprisonment, he shall be allowed a
2. By commutation of the sentence; deduction of five days for each month of
3. For good conduct allowances which the culprit good behavior;
may earn while he is serving his sentence; 2. During the third to the fourth year,
4. By parole (Art. 94). inclusive, of his imprisonment, he shall be
allowed a deduction of eight days for
Q: What is the nature of conditional pardon? each month of good behavior;
3. During the following years until the tenth
A: When delivered and accepted, it is considered a year, inclusive, of his imprisonment, he
contract between the sovereign power of the shall be allowed a deduction of ten days
executive and the convict that the former will for each month of good behavior; and
release the latter upon compliance with the 4. During the eleventh and successive years
condition. of his imprisonment, he shall be allowed a
deduction of fifteen days for each month
Q: What is the obligation incurred by a person of good behavior.
granted with conditional pardon?
Q: Who shall grant time allowance?
A: He shall incur the obligation of complying strictly
with the conditions imposed therein, otherwise, his A: The allowance for good conduct is not an
noncompliance with any of the conditions specified automatic right. It must be granted by the Director
shall result in the revocation of the pardon and the of Prisons. Once granted, allowances for good
provisions of Art. 159 on violation of conditional conduct cannot be revoked by him.
pardon shall be applied to him (Art. 95).
Q: What is special time allowance for loyalty of
Q: What is nature of commutation of sentence? prisoner?

A: It is a change of the decision of the court made A: It is a deduction of one fifth (1/5) of the period of
by the Chief Executive by reducing the degree of the sentence of a prisoner who, having evaded the
penalty inflicted upon the convict, or by decreasing service of his sentence during the calamity or
the length of the imprisonment or the amount of catastrophe mentioned in Art. 158, gives himself up
the fine. to the authorities within 48 hours following the
issuance of the proclamation by the President
Q: What is effect of commutation of sentence? announcing the passing away of the calamity or
catastrophe (Art. 98).
A: The commutation of the original sentence for
another of a different length and nature shall have Q: What is parole?
the legal effect of substituting the latter in the place
of the former (Art. 96). A: Parole consists in the suspension of the sentence
of a convict after serving the minimum term of the
Q: What are the cases where commutation is indeterminate penalty, without granting a pardon,
provided for by the Code? prescribing the terms upon which the sentence
shall be suspended (Reyes, p. 868).
A:
1. When the convict sentenced to death is over Note: Parole system cannot exist without the
70 years of age (Art. 83); Indeterminate sentence law.

CRIMINAL LAW TEAM


BOOK 1: PENALTIES
Q: What is the difference between conditional A: The causes of the extinction arise after the
pardon and parole? commission of the offense while the causes of
justification or exemption arise from circumstances
A: existing either before the commission of the crime
Conditional Pardon Parole or at the moment of its commission (Reyes, p. 839).
It may be given at any It may be given after the
time after final prisoner has served the PRESCRIPTION OF CRIMES
judgment by the Chief minimum penalty by the
Executive. Board of Pardons and Q: What is the nature of prescription of a
Parole under the crime/penalty?
provisions of the
Indeterminate Sentence A: The State or the People loses the right to
Law. prosecute the crime or to demand service of the
For violation of the For violation of the penalty imposed (Santos v. Superintendent, 55 Phil.
conditional pardon, the parole, the convict 345).
convict may be cannot be prosecuted
rearrested or under Art. 159. He can Q: When shall crimes prescribe?
reincarcerated by the be rearrested and
Chief Executive or may reincarcerated to serve A: Those punishable by:
be prosecuted under the unserved portion of 1. Death, reclusion perpetua, reclusion
Art. 159 of the Code. his original penalty. temporal in twenty (20) years;
2. Other afflictive penalties (prision mayor)
Note: The mere in fifteen (15) years;
commission, not 3. Correctional penalty (prision correccional)
conviction by the court, of in ten (10) years;
any crime is sufficient to 4. Arresto mayor in five (5) years;
warrant the parolees 5. Light offenses in two (2) months.
arrest and reincarceration
(Guevarra, in Reyes, p. Note: When the penalty fixed by law is a compound
869). one, the highest penalty shall be made the basis of the
application of prescription. (Art. 90)
Q: How is criminal liability totally extinguished?
Q: What is the rule where the last day of the
A: Art. 89 provides for the following: prescriptive period falls on a Sunday or a legal
1. By the death of the convict, as to the holiday?
personal penalties; and as to pecuniary
penalties, liability therefor is extinguished A: In Yapdiangco v. Buencamino, the Court said that
only when the death of the offender in such a case, the information may no longer be
occurs before final judgment; filed the next day as the crime has already
2. By service of sentence; prescribed (122 SCRA 713).
3. By prescription of the crime;
4. By prescription of the penalty; Q: When shall the crimes of oral defamation and
5. By marriage of the offended woman in slander by deed prescribe?
cases of seduction, abduction, rape and
acts of lasciviousness, as provided in Art. A: Distinction should be made between simple and
344 of the RPC. grave slander. Grave slander prescribes in six (6)
6. By absolute pardon; months while simple slander in two (2) months
7. By amnesty, which completely (People vs. Maceda, 73 Phil. 679).
extinguishes the penalty and all its
effects; Q: When shall the crimes punishable by destierro
prescribe?
Note: Extinction of criminal liability does not
necessarily mean that civil liability is also extinguished A: Classified as a correctional penalty under Art. 25,
(Petralba v. Sandiganbayan, 200 SCRA 644). and according to Art. 90, ten (10) years should be
the prescription period (Dalao vs. Geronimo, 92
Q: What is the difference between the causes of Phil. 1042).
extinction from criminal liability from the causes
of justification or exemption?

THE ACADEMICS COMMITTEE: U N I V E R S I T Y O F S A N T O T O M A S

CHAIRPERSON: KAREN FELIZ G. SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MA. IRENE I. SANTOS
Facultad de Derecho Civil 85
VICE CHAIRPERSON FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN

Q: When shall crimes punishable by fines the same be not known at the time, from the
prescribe? discovery thereof and the institution of judicial
proceedings for its investigation and punishment
A: Fines are also classified as afflictive, correctional, (Sec. 2, Act No. 3326).
or light penalty under Art. 26. That is, in 15 years,
10 years, and 2 months, respectively . Note: Prescription does not divest court of jurisdiction;
it is a ground for acquittal of the accused. Thus, the
Note: The subsidiary penalty for non-payment of the court must exercise jurisdiction, and not inhibit itself
fine should not be considered in determining the (Santos v. Superintendent, 55 Phil. 345).
period of prescription of such crimes (People v. Basalo,
101 Phil. 57). In addition, in light felonies when a fine Q: How is prescription of offenses determined?
of P200 is also provided, such fine should not be
considered correctional. A: The period of prescription commences to run
from the day the crime is committed
Q: What shall be the basis for prescription when 1. The period of prescription commences to
fine is an alternative penalty higher than the other run from the day on which the crime is
penalty which is by imprisonment? discovered by the offended party, the
authorities or their agents.
A: Prescription herein is based on fine (People v. 2. It is interrupted by the filing of the
Basalo, supra). complaint or information.
3. It commences to run again when such
Note: The ruling in Basalo applies even if the penalty is proceedings terminate without the
arresto mayor and fine. accused being convicted or acquitted or
are unjustifiably stopped for any reason
Q: What is the prescriptive period of offenses not imputable to him.
punished under special laws and municipal 4. The term of prescription shall not run
ordinances? when the offender is absent from the
Philippines (Art. 91).
A: Act No. 3763, amending No. 3326, provides:
1. Offenses punished only by a fine or by Note: The term "proceedings" should now be
imprisonment for not more than one understood to be either executive or judicial in
month prescribes after one year; character: executive when it involves the investigation
2. Offenses punished by imprisonment for phase; and, judicial when it refers to the trial and
more than one month, but less than two judgment stage. With this clarification, any kind of
yearsafter 4 years; investigative proceeding instituted against the guilty
3. Offenses punished by imprisonment for person which may ultimately lead to his prosecution
two years or more but less than six should be sufficient to toll prescription. (Panaguiton,
yearsafter 8 years; Jr. v. DOJ, G.R. No. 167571, Nov. 25, 2008)
4. Offenses punished by imprisonment for
six years or moreafter 12 years; Q: What are the situations which do not follow
5. Offenses under Internal Revenue Law Art. 91?
after 5 years;
6. Violation of municipal ordinancesafter A:
2 months; 1. Continuing crimes prescriptive period will
7. Violations of the regulations or conditions start to run only at the termination of the
of certificate of convenience by the Public intended result.
Service Commissionafter 2 months 2. In crimes against false testimony prescriptive
(Reyes, p. 849). period is reckoned from the day a final
judgment is rendered and not at the time
Note: Act 3326 is not applicable where the special law when the false testimony was made.
provides for its own prescriptive period (People v. 3. Election offense
Ramos, 83 SCRA 1). a. If discovery of the offense is incidental to
judicial proceedings, prescription begins
Q: When shall the prescriptive periods of the when such proceeding terminates; or
violations penalized by special laws and b. From the date of commission of the
ordinances begin to run? offense.

A: Prescription shall begin to run from the day of Q: One fateful night in January 1990, while 5-year
the commission of the violation of the law, and if old Albert was urinating at the back of their house,
CRIMINAL LAW TEAM


BOOK 1: PENALTIES
he heard a strange noise coming from the kitchen

of their neighbor and playmate, Ara. When he b. It is interrupted upon filing of the complaint or
peeped inside, he saw Mina, Aras stepmother, information in court.
very angry and strangling the 5-year old Ara to
death. Albert saw Mina carry the dead body of c. No, parricide prescribes in 20 years. The period
Ara, place it inside the trunk of the car and drive of prescription started only when Z reported
away. The dead body of Ara was never found. the matter to the police, which is equivalent to
Mina spread the news in the neighborhood that 10 years of hiding from the time of reporting
Ara went to live with her grandparents in Ormoc to Z. The period of three years shall not be
City. For fear of his life, Albert did not tell anyone, counted since he is absent from the
even his parents and relatives, about what he Philippines. The filing of the charge 6 years
witnessed. Twenty and a half (20 & ) years after thereafter is well within the prescriptive
the incident, and right after his graduation in period.
Criminology, Albert reported the crime to NBI
authorities. The crime of homicide prescribes in 20 PRESCRIPTION OF PENALTIES
years. Can the State still prosecute Mina for the
death of Ara despite the lapse of 20 and 1/2 years? Q: When shall penalties prescribe?
Explain.
A:
A: Yes, the State can still prosecute Mina for the 1. Death and reclusion perpetua in twenty (20)
death of Ara despite the lapse of 20 and years. years;
Under Article 91, RPC, the period of prescription 2. Other afflictive penalties (reclusion temporal to
commences to run from the day on which the crime prision mayor) in fifteen (15) years;
is discovered by the offended party, the authorities 3. Correctional penalty (prision correccional) in
or their agents. In the case at bar, the commission ten (10) years;
of the crime was known only to Albert, who was not 4. Arresto mayor in five (5) years;
the offended party nor an authority or an agent of 5. Light penalties in one (1) year.
an authority. It was discovered by the NBI
authorities only when Albert revealed to them the Q: What are the rules in prescription of penalties?
commission of the crime. Hence, the period of
prescription of 20 years for homicide commenced A:
to run only from the time Albert revealed the same 1. The period of prescription of penalties
to the NBI authorities. (2000 Bar Question) commences to run from the date when the
culprit evaded the service of his sentence.
Q: A killed his wife and buried her in the backyard. 2. It is interrupted if the convict
He immediately went into hiding in the mountains. a. Gives himself up,
Three years later, the bones of As wife were b. Be captured,
discovered by X, the gardener. Since X had a c. Goes to a foreign country with which we
standing warrant of arrest, he hid the bones in an have no extradition treaty, or
old clay jar and kept quiet about it. After two d. Commits another crime before the
years, Z, the caretaker, found the bones and expiration of the period of prescription
reported the matter to the police. After 15 years (Art. 93).
of hiding, A left the country but returned 3 years
later to take care of his ailing sibling. Six years Note: The acceptance of a conditional pardon also
thereafter, he was charged with paricide, but he interrupts the prescriptive period, likening such
raised the defense of prescription. (2010 Bar acceptance to the case of one who flees from this
Question) jurisdiction (People vs. Puntillas, G.R. No. 45269).
a. Under the Revised Penal Code, when
does the period of prescription of a Q: When shall the period of prescription of
crime commence to run? penalties commence to run again?
b. When is it interrupted?
c. Is As defense tenable? Explain. A: When the convict escapes again (Reyes, p.863)

A: Q: What are the elements of prescription of
a. Under Art. 91 of the RPC, the period of penalties?
prescription commence to run upon discovery
of the crime by the offended party, the A:
authorities, or their agent. 1. That the penalty is imposed by final sentence;


2. That the convict evaded the service of the expiration of the period of the period interrupts
sentence by escaping during the term of his does not interrupt the prescription.
sentence; prescription.
3. That the convict who escaped from prison has
not given himself up, or been captured, or PARDON BY THE OFFENDED PARTY
gone to a foreign country with which we have
no extradition treaty, or committed another Q: Does pardon by the offended party extinguish
crime; criminal action?
4. That the penalty has prescribed because of the
lapse of time from the date of the evasion of A: GR: No. A crime committed is an offense against
the service of the sentence by the convict the State. In criminal cases, the intervention of the
(Reyes, p. 865). aggrieved parties is limited to being witnesses for
prosecution.
Q: Petitioner Adelaida Tanega failed to appear on
the day of the execution of her sentence. On the XPNs:
same day, respondent judge issued a warrant for 1. Pardon by an offended party in the crimes
her arrest. She was never arrested. More than a of adultery and concubinage will be a bar
year later, petitioner through counsel moved to to criminal prosecution, provided, they
quash the warrant of arrest, on the ground that pardoned both offenders. Provided
the penalty had prescribed. Petitioner claimed further, it must be made before the
that she was convicted for a light offense and institution of criminal prosecution.
since light offenses prescribe in one year, her Pardon here may be implied. (Art. 344,
penalty had already prescribed. Is the motion RPC)
meritorious?
Note: But such pardon will not operate to
A: No, the penalty has not prescribed as she did extinguish criminal liability.
not evade her service of sentence. For purpose of
prescription of penalties, Art. 93 of the Revised 2. In the crimes of seduction, abduction,
Penal Code, which provides that the prescription of rape or acts of lasciviousness, there shall
penalties shall commence to run from the date be no criminal prosecution if the offender
when the culprit should evade the service of his has been pardoned by the offended party
sentence, must be understood in the light of Art. or her parents, grandparents or guardian.
157, as the concept of evasion of sentence is Provided, the pardon in such cases must
readily provided for in this Article. (Tanega v. be express.
Masakayan, G.R. No. 141718, 2005)
Q: Is the extinguishment of criminal liability by
Q: What are the distinctions between prescription the marriage of the offended woman to her
of crimes and prescription of penalties? offender in seduction, abduction, rape and acts of
lasciviousness an absolute rule?
A:
PRESCRIPTION OF PRESCRIPTION OF A: No, it must be contracted in good faith. Hence, a
CRIMES PENALTIES marriage contracted only to avoid criminal liability
Loss of forfeiture of the is devoid of legal effects (People vs. Santiago, 51
Loss or forfeiture of the
State to enforce Phil. 68).
State to prosecute.
judgment
Starts counting upon Likewise, in cases of multiple rapes, the subsequent
Starts counting upon
discovery of the valid marriage of the offender and the offended
the escape or evasion
commission of the party will not extinguish criminal liability. (Sandoval,
of service of sentence
crime 2010)
Absence from the
Philippines interrupts PARDON BY THE CHIEF EXECUTIVE
Mere absence from the
the period only when
Philippines interrupts
he goes to a foreign Q: What is pardon?
the running of the
country without
prescription
extradition treaty with A: It is an act of grace proceeding from the power
us. entrusted with the execution of the laws which
Commission of another Commission of another exempts the individual on whom it is bestowed
crime before the crime before expiration
CRIMINAL LAW TEAM


BOOK 1: PENALTIES
from the punishment the law inflicts for the crime A:

he has committed.

Note: A pardon, whether absolute or conditional, is in Pardon by the Chief Pardon by the
the nature of a deed, for the validity of which is an Executive offended party
indispensable requisite. Once accepted by the grantee, It extinguishes the It does not extinguish
the pardon already delivered may not be revoked by criminal liability of the criminal liability of the
the granting authority (Reyes, p. 842). offender. offender.
It cannot exempt the Offended party can
Q: What are the effects of pardon by the offender from the waive the civil liability
President? payment of the civil which the offender
indemnity. must pay.
A: Pardon should be given
1. A pardon shall not restore the right to hold It is granted only after before the institution
public office or the right of suffrage. conviction and may be of criminal prosecution
extended to any of the and must be extended
XPN: When either or both rights are expressly offenders. to both offenders. (Art.
restored by the terms of the pardon. 344)

2. It shall not exempt the culprit from the AMNESTY
payment of the civil indemnity. The pardon
cannot make an exception to this rule. Q: What is amnesty?

Q: What are the limitations upon the exercise of A: It is an act of sovereign power granting oblivion
the pardoning power? or a general pardon for a past offense, and is rarely,
if ever exercised in favor of a single individual, and
A: is usually exerted in behalf of persons, who are
1. The power can be exercised only after subject to trial, but have not yet been convicted
conviction; (Brown v. Walker, 161 U.S. 602).
2. Such power does not extend to cases of
impeachment. Q: Enumerate the differences between pardon and
amnesty.
Q: Does pardon of the principal penalty also
extinguish the effect of the accessory penalties A: In pardon, the convict is excused from serving
attached to it? the sentence but the effects of conviction remain
unless expressly remitted by the pardon; hence, for
A: GR: No. When the principal penalty is remitted pardon to be valid, there must be a sentence
by pardon, only the effect of that principal penalty already final and executory at the time the same is
is extinguished. The rights are not restored unless granted. Moreover, the grant is in favor of
expressly restored by the terms of the pardon. individual convicted offenders, not to a class of
convicted offenders; and the crimes subject of the
XPN: When an absolute pardon is granted grant may be common crimes or political crimes.
after the term of imprisonment has expired, it The grant is a private act of the Chief Executive
removes all that is left of the consequences of which does not require the concurrence of any
conviction. (Cristobal vs. Labrador, G.R. No. L- other public officer of office.
47941, December 7, 1940)
In amnesty, the criminal complexion of the act
Q: What are the distinctions between pardon by constituting the crime is erased, as though such act
the Chief Executive and pardon by the offended was innocent when committed; hence the effects of
party? the conviction are obliterated. Amnesty is granted
in favor of a class of convicted offenders, not to
individual convicted offenders; and the crimes
involved are generally political offenses not
common crimes. Amnesty is a public act that
requires concurrence of the Philippine Senate. (UP
LAW Complex Suggested Answers to Bar Questions)
(2006 Bar Question)



CRIMES AGAINST NATIONAL SECURITY

Q: What are the crimes against National Security?

A:
1. Treason (Art.114)
2. Conspiracy and proposal to commit treason (Art.115)
3. Misprision of Treason (Art.116)
4. Espionage (Art.117)
5. Inciting to war and giving motives for reprisal (Art.118)
6. Violation of Neutrality (Art.119)
7. Correspondence with hostile country (Art.120)
8. Flight to enemy country (Art.121)

Q: What are the crimes against the law of nations? A:
1. That the offender is a Filipino citizen or an
A: alien residing in the Philippines (RA 7659);
1. Piracy and mutiny (Art.122) 2. That there is a war in which the Philippines is
2. Qualified Piracy and Mutiny involved.
3. That the offender either
Note: Crimes against National Security and the Law of a. Levies war against the Government, or
Nations are exceptions to the principle of territoriality b. Adheres to the enemies, giving them aid
under the RPC. or comfort.

Q: Where can the crimes against the law of nations Note: Treason cannot be committed in times of peace.
be tried? (Laurel v. Misa, 77 Phil. 865)

A: It may be tried anywhere because they are Q: Who may be the offenders of the crime of
considered crimes against the family of nations. treason?

Q: When can the crime against national security be A:
committed? 1. Filipino citizens even when outside the
Philippines; and
A: GR: All crimes against national security can only 2. Aliens residing in the country
be committed in times of war.
Note: Filipino citizens owe the government permanent
XPN: allegiance while resident aliens owe temporary
1. Espionage allegiance to the same.
2. Inciting to war or giving motives for reprisal
3. Mutiny and piracy. (Boado 2008 p.366) Q: Can treason be committed outside the
Philippines?
Treason
Art. 114 A: It depends.
1. If the offender is a Filipino citizen, he can
Q: What is treason? commit this crime even if he is outside
the Philippines.
A: Treason is a breach of allegiance to a 2. Treason by an alien must be committed in
government, committed by a person who owes the Philippines (EO 44) except in case of
allegiance to it. conspiracy.

Q: What is allegiance? Q: What are the two modes of committing
treason?
A: It is the obligation of fidelity and obedience
which the individuals owe to the government under A:
which they live or to their sovereign, in return for 1. Levying war against the government, or
the protection they receive. 2. Adhering to the enemies, giving them aid and
comfort.
Q: What are the elements of treason?
CRIMINAL LAW TEAM


BOOK 2: CRIMES AGAINST NATIONAL SECURITY
Note: Formal declaration of the existence of a state of A: This requires the concurrence of two things:
war is not necessary. 1. That there be an actual assembling of
men;
Q: What is meant by levying war?

Witness A testified that he saw the defendant
2. For the purpose of executing a going to the house of X in search of the latters
treasonable design by force. revolver. Witness B testified that when X went
Q: When is there adherence to enemies? to the garrison, the defendant required him (X)
to produce his revolver. It was held that the
A: It is when a citizen intellectually or emotionally search for the revolver in the house of X is one
favors the enemies and harbors sympathies or overt act and the requiring to produce the
convictions disloyal to his countrys policy or revolver in the garrison is another.
interest. However, adherence alone without aid Thus, there must be two witnesses for each
and comfort does not constitute treason, but it may act. (People vs. Abad, 78 Phil. 766)
be inferred from the acts committed.
Q: What is meant by confession?
Q: What is meant by aid and comfort?
A: It means confession of guilt in an open court;
A: It means overt acts which strengthens or tends that is, before the judge while actually hearing the
to strengthen the enemy of the government in the case.
conduct of war against the government or an act
which weakens or tends to weaken the power of Note: Extrajudicial confession or confession made
the government to resist or to attach the enemies before the investigators is not sufficient to convict a
of the government. person of treason.

Note: The overt act of giving aid or comfort to the Q: X furnished women to the enemy. Does the act
enemy must be intentional. constitute treason?

Q: How is adherence proved? A: Commandeering of women to satisfy the lust of
the enemies or to enliven the entertainment held in
A: Adherence may be proved: their honor was NOT treason even though the
1. By one witness; women and the entertainments helped to make life
2. From the nature of the act itself; or more pleasant for the enemies. (People v. Perez, 83
3. From the circumstances surrounding the Phil.)
act.
Q: Does accepting a public office under the enemy
Q: How is treason proved? constitute the felony of treason?

A: A person may be convicted of treason by any of A: Mere acceptance of a public office and the
the following only: discharge of the duties connected therewith do not
1. Testimony of two witnesses, at least, to constitute per se the crime of treason, unless such
the same overt act; or office was accepted as an aid and for the comfort of
2. Confession of the accused in open court. the enemy and that the person who accepted the
office adheres to the enemy.
Q: What is the two-witness rule?
Q: Is treason a continuing offense?
A: It is a rule which requires the testimony of at
least two witnesses to prove the overt act of giving A: Yes. It can be committed by a single act or by
aid or comfort. The two-witness rule is severely series of acts. It can be committed in one single or
restrictive and requires that each of the witness different time. In treason, there is only one criminal
must testify to the whole overt act; or if it is intent. A person who commits treason is not
separable, there must be two witnesses to each criminally responsible for as many crimes of treason
part of the overt act (People vs. Escleto, 84 Phil. as the overt acts as he has intentionally committed
121). to give aid to the enemy.

Illustration: Note: The offender can still be prosecuted even after
war.



Q: When common crimes (e.g. murder, robbery, 2. The sovereignty of the Government is not
arson) are committed in the furtherance of the transferred to the enemy by mere
crime of treason, can they be considered crimes occupation;
separate from treason? 3. The subsistence of the sovereignty of the
legitimate Government in a territory
A: No. The common crimes committed in occupied by the military forces of the
furtherance of treason are the overt acts of aid and enemy during the war is one of the rules
comfort in favor of the enemy and are therefore of International Law;
inseparable from treason itself. They become an 4. What is suspended is merely the exercise
element of treason. of the rights of sovereignty. (Laurel vs.
Misa, ibid.)
Note: However, if the prosecution should elect to
prosecute the culprit specifically for these crimes, Note: The defense of duress or uncontrollable fear,
instead of relying on them as an element of treason, and lawful obedience to a de facto Government are
punishment for these common crimes is not good defenses in treason. (Go Kim Cham vs. Valdez, 75
precluded. (People v. Prieto, 80 Phil 143) Phil. 113; People vs. Bagwis, 78 Phil. 174)

Q: What are the aggravating circumstances in the Conspiracy and Proposal to commit Treason
crime of treason? Art. 115

A: Q: What are the elements of conspiracy to commit
1. Cruelty treason?
2. Ignominy
3. Rape, wanton robbery of personal gains and A:
brutality with which the killing or physical 1. In time of war
injuries are carried out which can be regarded 2. Two or more persons come to an agreement
as cruelty and ignominy to:
a. Levy war against the government, or
Note: Evident premeditation, superior strength, and b. Adhere to enemies and to give them aid
treachery are circumstances inherent in treason, and
or comfort
therefore, not aggravating.
3. They decide to commit it

Q: A was charged with the crime of treason. In his
Q: What are the elements of proposal to commit
defense, he asserts that he can no longer be
treason?
prosecuted for treason since he already lost his

Filipino citizenship under paragraphs 3, 4, and 6 of
A:
the Commonwealth Act No. 63, which provides
1. In time of war
that a Filipino may lose his citizenship by
2. A person who has decided to levy war against
accepting commission in the military, naval, or air
the government, or to adhere to the enemies
service of a foreign country when he joined the
and give them aid and comfort.
Japanese armed forces. Is his defense tenable?
3. Proposes its execution to some other person

or persons.
A: No. A cannot divest himself of his Philippine

citizenship by simple expedient of accepting a
Note: The mere conspiracy and proposal to commit
commission in the military, naval, or air service of treason are punishable are felonies under Article 115
such country. If such contention would be because in treason, the very existence of the State is
sustained, the very crime would be the shield that endangered.
would protect him from punishment. (People v.
Manayao, 78 Phil 721) Q: Does the two-witness rule apply to conspiracy
and proposal to commit treason?
Q: May a suspended allegiance, or change of
sovereignty be used as a defense to the crime of A: No since this crime is separate and distinct
treason? offense from that of treason (US vs. Bautista, 6
Phil. 581).
A: No because of the following reasons:
1. A citizen owes an absolute and Q: If actual acts of treason are committed after the
permanent allegiance to his government; conspiracy or after the proposal is accepted, what
crime is committed?

CRIMINAL LAW TEAM


A: The crime of treason is already consummated knowledge of treason actually committed by

since the perpetrator had already executed what another.
was agreed upon or what was proposed to be done.
The conspiracy or proposal is then considered Espionage
merely as means in the commission thereof. Art. 117

Misprision of Treason Q: What is espionage under the Revised Penal
Art. 116 Code?

Q: What are the elements of the crime of A: Espionage is the offense of gathering,
misprision of treason? transmitting, or losing information respecting the
national defense with intent or reason to believe
A: Elements: that the information is to be used to the injury of
1. That the offender who is not a foreigner the Republic of the Philippines or to the advantage
must be owing allegiance to the of any foreign nation.
Government;
2. That he has knowledge of any conspiracy Q: What are the ways of committing espionage
to commit treason against the under Art. 117? What are their respective
Government; elements?
3. That he conceals or does not disclose or
make known the same as soon as possible A: The two ways are the following:
to the Governor or Fiscal of the province 1. By entering, without authority therefor, a
or Mayor or Fiscal of the city in which he warship, fort, or naval or military
resides. establishment or reservation to obtain
any information, plans, photographs, or
Note: This crime is an exception to the rule that mere other data of a confidential nature
silence does not make a person criminally liable. It is a relative to the defense of the Philippines.
crime of omission.
Elements:
Q: May misprision of treason be committed by a 1. That the offender enters in any place
resident alien? mentioned therein;
2. That he has no authority therefor;
A: No, the offender must be owing allegiance to the 3. That his purpose is to obtain
Government, without being a foreigner. information, plans, photographs, or
other data of confidential nature
Q: What is the penalty of misprision of treason? relative to the defense of the
Philippines.
A: Article 116 does not provide for a penalty, but
the offender is punished as an accessory to the Note: To be liable under this paragraph, the
crime of treason. Therefore, the penalty is two offender must have the intention to obtain
degrees lower than that provided for treason. information relative to the defense of the
Philippines, but it is not necessary to have
Note: The offender in Art. 116 is considered a principal actually obtained such information.
in the crime of misprision of treason, not as an
accessory to the crime of treason. The term accessory 2. By disclosing to the representative of a
refers only to the penalty to be imposed, not to the foreign nation the contents of the articles,
person who acted subsequent to the commission of data or information referred to in the
the offense. preceding paragraph, which he had in his
possession by reason of the public office
Q: X, a Filipino citizen, has knowledge of treason he holds.
committed by someone and does not report its
commission to the proper authorities. Can he be Elements:
held liable for Misprision of Treason? 1. That the offender is a public officer;
2. That he has in his possession the
A: No. Art. 116 does not apply when the crime of articles, data, or information
treason is already committed. This is so because referred to in paragraph no. 1 of
Art. 116 speaks of knowledge of any conspiracy Article 117, by reason of the public
against the Government of the Philippines, not office he holds;


3. That he discloses their contents to a

representative of a foreign nation. A:
1. That the offender performs unlawful or
Q: Who may be the offenders under Article 117? unauthorized acts;
2. That such acts provoke or give occasion for a
A: It depends. war involving or liable to involve the
1. Under paragraph no. 1 of Article 117, the Philippines or expose Filipino citizens to
offender is any person, whether a citizen reprisals on their persons or property.
or a foreigner, a private individual or a
public officer; Note: If both elements concur, the crime is committed
2. Under paragraph no. 2, the offender must regardless of his intentions.
be a public officer who has in his
possession the article, data, or Q: When is the crime committed?
information by reason of the public office
he holds. A: The crime of inciting to war or giving motives for
reprisals is committed in time of peace.
Q: What are the other acts of espionage
punishable? Q: What is reprisal?

A: As provided by Commonwealth Act No. 616 (An A: It is any kind of forcible or coercive measure
Act to Punish Espionage and Other Offenses against whereby one State seeks to exercise a deterrent
National Security), the following are acts of effect or to obtain redress or satisfaction, directly
espionage punishable: or indirectly, for consequences of the illegal acts of
1. Unlawfully obtaining or permitting to be another State which has refused to make amends
obtained information affecting national for such illegal conduct.
defense;
2. Unlawful disclosing of information Note: Reprisal is resorted to for the purpose of settling
affecting national defense; a dispute or redressing a grievance without going to
3. Disloyal acts or words in time of peace; war.
4. Disloyal acts or words in time of war;
5. Conspiracy to violate preceding acts; Q: What is the extent of reprisals?
6. Harboring or concealing violators of law;
7. Photographing from aircraft of vital A: Reprisals are not limited to military action. It
military information. could be economic reprisals or denial of entry into
their country. E.g. X burns a Singaporean flag. If
Q: How are espionage and treason distinguished? Singapore bans the entry of Filipinos, that is
reprisal.
A:
Violation of Neutrality
Espionage Treason Art. 119
With the amendment,
It is a crime not under Art. 114, treason Q: What is meant by neutrality?
conditioned by may be committed by a
citizenship of the Filipino citizen or an A: Neutrality is a condition of a nation that, in times
offender. alien residing in the of war, takes no part in the dispute but continues
Philippines. peaceful dealings with the belligerents.
It may be committed
It is committed only in Q: What are the elements of this crime?
either in time of war or
time of war.
in time of peace.
There are only two A: Elements:
It may be committed in modes of committing 1. That there is a war in which the
different ways. treason as provided Philippines is not involved;
under Article 114. 2. That there is a regulation issued by a
competent authority for the purpose of
Inciting to War or Giving Motives for Reprisals enforcing neutrality;
Art. 118 3. That the offender violates such
regulation.

Q: What are the elements of this crime?
CRIMINAL LAW TEAM


Q: Who has the authority to issue a regulation for

the enforcement of neutrality? Flight to Enemy Country
Art. 121
A: The regulation must be issued by competent
authority like the President of the Philippines or the Q: What are the elements of this crime?
Chief of Staff of the Armed Forces of the
Philippines, during a war between different A: Elements:
countries in which the Philippines is not taking 1. That there is a war in which the
sides. Philippines is involved;
2. That the offender must be owing
Correspondence with Hostile Country allegiance to the Government;
Art. 120 3. That the offender attempts to flee or go
to enemy country;
Q: What is the meaning of correspondence? 4. That going to enemy country is prohibited
by competent authority.
A: Correspondence is communication by means of
letters; or it may refer to the letters which pass Note: It should be noted that the mere attempt to flee
between those who have friendly or business or go to enemy country when prohibited by competent
relation. authority consummates the felony.

Q: What are the elements of this crime? Q: Who may be offenders of this crime?

A: Elements: A: Alien residents, not only Filipino citizens, can be
1. There is a war in which the Philippines is held liable under this article. That law does not say
involved; not being a foreigner. Hence, allegiance herein
2. That the offender makes correspondence may be permanent or temporary.
with an enemy country or territory
occupied by enemy troops; Piracy in General and Mutiny in the High Seas or in
3. That the correspondence is either Philippine Waters
a. prohibited by the government, or Art. 122
b. carried on in ciphers or conventional
signs, or Q: What is piracy?
c. containing notice or information
which might be useful to the enemy. A: It is robbery or forcible depredation on the high
seas, without lawful authority and done with animo
Note: Even if the correspondence contains furandi (intent to steal) and in the spirit and
innocent matters, if the correspondence has intention of universal hostility.
been prohibited by the Government, it is
punishable. However, in paragraphs 2 and 3 Q: What are the two modes of committing piracy?
of Article 120, prohibition by the
Government is not essential.
A:

1. By attacking or seizing a vessel on the high
Q: What are ciphers?
seas or in Philippine waters;

2. By seizing in the vessel while on the high seas
A: Secret message or code.
or in Philippine water the whole or part of its

cargo, its equipment or personal belongings of
Q: What are the circumstances qualifying this
its complement or passengers.
offense?

Q: What are the elements of piracy?
A: Two things must concur to qualify the offense:

1. That the notice or information might be
A: Elements:
useful to the enemy;
1. That a vessel is on the high seas or in the
2. That the offender intended to aid the
Philippine waters;
enemy.
2. That the offenders are not members of its

complement or passengers of the vessel;
Note: If the offender intended to aid the
3. That the offenders either
enemy by giving such notice or information,
the crime amounts to treason; hence, the
a. attack or seize that vessel, or
penalty is the same as that for treason.


b. seize the whole or part of the cargo Intent to gain is an Intent to gain is
of said vessel, its equipment or element of piracy. immaterial.
personal belongings of its Attack from the outside. Attack from the
complement or passengers. inside.

Q: What is the meaning of high seas?
Qualified Piracy

Art.123
A: It means any waters on the sea coast which are

without the boundaries of the low-water mark,
Q: What are the circumstances qualifying the
although such waters may be in the jurisdictional
crimes of piracy and mutiny?
limits of a foreign government. The Convention on

the Law of the Sea defines high seas as parts of
A:
the seas that are not included in the exclusive
1. Whenever they have seized a vessel by
economic zone, in the territorial seas, or in the
boarding or firing upon the same;
internal waters of a State, or in the archipelagic

waters of an archipelagic State.
Note: The first qualifying circumstance does not

apply to mutiny since the offenders are already
Note: High seas does not mean that the crime is
on board the ship.
committed beyond the three-mile limit of any State.

2. Whenever the pirates have abandoned their
Q: Which court has jurisdiction over piracy
victims without means of saving themselves;
committed in the high seas?
or

3. Whenever the crime is accompanied by
A: Jurisdiction is with any court where offenders
murder, homicide, physical injuries, or rape.
are found or arrested. The jurisdiction of piracy,

unlike all other crimes, has no territorial limit.
Q: Is there a complex crime of piracy with murder?

Q: If piracy was committed outside the Philippine
A: No. There is only one crime committed
waters, will the Philippine courts have jurisdiction
qualified piracy. Murder, rape, homicide, physical
over the offense?
injuries are mere circumstances qualifying piracy

and cannot be punished as separate crimes, nor can
A: Yes, for piracy falls under Title I Book 2 of the
they be complexed with piracy. Qualified piracy is
Revised Penal Code. As such, it is an exception to
considered a special complex crime. It is punishable
the rule on territoriality in criminal law under
by reclusion perpetua to death regardless of the
Article 2. The same principle applies even if the
number of victims.
offenders were charged, not with a violation of

qualified piracy under the Code but under a special
law, P.D. 532 which penalizes piracy in Philippine Anti-Piracy and Anti-Highway Robbery Law (P.D.
waters. (People v. Catantan, 278 SCRA 761 [1997]) 532)

Q: What is mutiny? Q: What is a vessel?

A: It is the unlawful resistance to a superior officer, A: Any vessel or watercraft used for transport of
or the raising of commotions and disturbances on passengers and cargo from one place to another
board a ship against the authority of its through Philippine waters. It shall include all kinds
commander. and types of vessels or boats used in fishing.

Q: What is the difference between piracy and Q: What constitutes Philippine waters?
mutiny?
A: Philippine Waters shall refer to all bodies of
A: water, such as but not limited to seas, gulfs, bays
around, between and connecting each of the
PIRACY MUTINY Islands of the Philippine Archipelago, irrespective of
its depth, breadth, length or dimension, and all
Offenders are strangers Offenders are
other waters belonging to the Philippines by
to the vessel. Hence, members of the
historic or legal title, including territorial sea, sea-
offenders are neither complement or the
bed, the insular shelves, and other submarine areas
passengers nor crew passengers of the
over which the Philippines has sovereignty or
members. vessel.
jurisdiction.
CRIMINAL LAW TEAM


b. Acquiring or receiving property taken by

Q: What is Philippine Highway? such pirates or brigands or in any manner
derives any benefit therefrom
A: it shall refer to any road, street, passage, c. Directly or indirectly abetting the
highway and bridges or other parts thereof, or commission of piracy or highway robbery
railway or railroad within the Philippines used by or brigandage
persons, or vehicles, or locomotives or trains for the
movement or circulation of persons or Note: It shall be presumed that any person who
transportation of goods, articles, or property or does any of the abovementioned acts has
both. performed them knowingly unless the contrary is
proven.
Q: What are the Punishable Acts?
Q: Distinguish piracy under P.D. 532, piracy under
A: Art. 122, and robbery.
1. Piracy - Any attack upon or seizure of any vessel,
or the taking away of the whole or part thereof or Piracy under Piracy under Robbery
its cargo, equipment, or the personal belongings of PD 532 Art. 122
its complement or passengers, irrespective of the
value thereof, by means of violence against or The acts The acts The acts
intimidation of persons or force upon things constituting constituting constituting
committed by any person, including a passenger or piracy are piracy are piracy are
member of the complement of said vessel, in
committed by committed by committed by
Philippine waters.
the members persons who the members
2. Qualified Piracy when any of the following crimes of the vessels are not of the vessels
is committed on the occasion of piracy: complement, members of complement
a. Physical injuries or other crimes or passengers the vessels or passengers
b. Rape, murder or homicide of the vessel, in complement, of the vessel,
c. Offender abandoned the victims without
Philippine nor by in the high
means of saving themselves
waters passengers of seas
d. when seizure is accompanied by firing
upon or boarding a vessel the vessel, in
the high seas
3. Highway robbery/brigandage - the seizure of any or in Philippine
person for ransom, extortion or other unlawful waters
purposes, or the taking away of the property of
another by means of violence against or
intimidation of persons or force upon things or
Anti-Hijacking Law (R.A. 6235)
other unlawful means, committed by any person on

any Philippine Highways.
Q: What are the Punishable Acts?

4. Qualified Highway Robbery/Brigandage when
A:
any of the following crimes is committed on the
1. To compel a change in the course or
occasion of Highway Robbery/Brigandage:
destination of an aircraft of Philippine registry,
a. Physical injuries or other crimes
or to seize or usurp the control thereof, while
b. Kidnap for ransom, extortion, murder,
it is in flight.
homicide, or rape
2. To compel an aircraft of foreign registry to

land in Philippine territory or to seize or usurp
5. Aiding or protecting pirates or highway
the control thereof while it is within the said
robbers/brigands in any of the following manner
territory.
shall be considered accomplice of the principal

offenders and be punished in accordance with the
Note: Aggravating circumstances to nos. 1 and 2:
Rules prescribed by the Revised Penal Code:
a. When the offender has fired upon the pilot,
a. Giving them information about the
member of the crew, or passenger of the
movement of the police or other peace aircraft;
officers of the government b. When the offender has exploded or
attempted to explode any bomb or
explosive to destroy the aircraft;


c. Whenever the crime is accompanied by Note: A crime committed while in a Philippine

murder, homicide, serious physical injuries registered airship is an exception to the principle of
or rape; territoriality under the RPC.

3. To ship, load, or carry in any passenger aircraft Q: When is an aircraft considered in flight?
operating as a public utility within the
Philippines, any explosive, flammable, A: An aircraft is in flight from the moment all its
corrosive or poisonous substance or material. external doors are closed following embarkation
until any of such doors is opened for
Q: What are the necessary requisites before the disembarkation
Anti-Hijacking Law or R.A. 6235 may apply?
Q: If the offender seized the control of a Philippine
A: If it is a Philippine registered aircraft, it must be registered aircraft but it is not in flight, what law
in flight even if not within the Philippine territory. If will apply?
it is a foreign registered aircraft, there is no need
that it is in flight but if the offender seizes or usurps A: The Anti-Hijacking Law will not apply and the
the control of a foreign registered aircraft, the acts will be punished accordingly under the RPC or
aircraft must be within Philippine territory. If the the applicable special penal laws. The correlative
offender compels the foreign registered aircraft to crime may be one of grave coercion or grave
land in any Philippine territory, then the offender threats. If somebody is killed, the crime is homicide
may be held liable even if the aircraft is outside the or murder, as the case may be
Philippine territory.

Human Security Act (R.A. 9372)

Q: What are the punishable acts of terrorism?

A: Any act punishable under any of the following provisions of the:

RPC Special Penal Laws
i. Piracy in General and Mutiny in the High Seas or in i. Anti-Hijacking Law
the Philippine Waters ii. Anti-Piracy and Anti-Highway Robbery Law of
ii. Rebellion or Insurrection 1974 (P.D.532)
iii. Coup d'etat, including acts committed by private iii. Decree Codifying the Laws on Illegal and
persons Unlawful Possession, Manufacture, Dealing In,
iv. Murder Acquisition or Disposition of Firearms,
v. Kidnapping and Serious Illegal Detention Ammunitions or Explosives
vi. Crimes Involving Destruction; iv. The Law on Arson
v. Toxic Substances and Hazardous and Nuclear
Waste Control Act of 1990
vi. Atomic Energy Regulatory and Liability Act of
1968

Note: The abovementioned act must:
1. Sow and create a condition of widespread and extraordinary fear and panic among the populace
2. Coerce the government to give in to an unlawful demand. (Sec. 3)

CRIMINAL LAW TEAM


BOOK 2: CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
Q: Who are liable? authority within 3 days counted from the

moment of the arrest.
A:
1. Principal Any person who commits any of the Note: The arrest of those suspected of the crime
acts under Section 3 and 4. of terrorism or conspiracy to commit terrorism
2. Accomplice any person who not being a must result from the surveillance under Section 7
principal under Article 17 of the RPC or a and examination of bank deposits under Section
conspirator as defined under Section 4 hereof, 27 of this Act.
cooperates in the execution of either the crime
of terrorism or conspiracy to commit terrorism 2. In the event of an actual or imminent terrorist
by previous or simultaneous acts. attack, suspects may not be detained for more
3. Accessory any person who having knowledge than 3 days except upon the written approval
of the commission of the crime of terrorism or of:
conspiracy to commit terrorism and without 1. Municipal, city, provincial or regional
having participated therein either as principal official of a Human Rights Commission or
or accomplice under Articles 17 and 18 of the 2. Judge of the Municipal, RTC, the
RPC, takes part subsequent to its commission Sandiganbayan or
in any of the following manner: 3. A justice of the CA nearest the place of
a. By profiting himself or assisting the the arrest. (Sec. 19)
offender to profit by the effects of the
crime, Note: If the arrest is made during Saturdays,
b. By concealing or destroying the body of Sundays, holidays or after office hours, the
arresting police or law enforcement personnel
the crime or the effects or instruments
shall bring the person thus arrested to the
thereof in order to prevent its discovery,
residence of any of the officials mentioned above.
c. By harboring, concealing, or assisting in The written approval of any of said officials shall
the escape of the principal or conspirator be secured within 5 days after the date of
of the crime. detention. Provided that if within 3 days after the
date of detention of the suspects, his connection
XPN: Spouses, ascendants, descendants, with the terror attack or threat is not established,
legitimate, natural and adopted brothers and he shall be released immediately.
sisters or relatives by affinity within the same
degree. Q: What is the penalty for failure to deliver
suspect to judicial authority?
XPN to the XPN: those falling under (a).
A: The penalty of ten (10) years and one day to
Q. What is the absorption principle of R.A. 9372 in twelve (12) years of imprisonment shall be imposed
relation to complex crimes? upon any police or law enforcement personnel who
has apprehended or arrested, detained and taken
A: When a person has been prosecuted under a custody of a person charged with or suspected of
provision of this Act, upon a valid complaint or the crime of terrorism or conspiracy to commit
information or other formal charge sufficient in terrorism and fails to deliver such charged or
form and substance to sustain a conviction and suspected person to the proper judicial authority
after the accused had pleaded to the charge, the within the period of three (3) days.
acquittal of the accused or the dismissal of the case
shall be a bar to another prosecution for any Q: When is there infidelity in the custody of a
offense or felony which is necessarily included in detained person and what are the penalties
the offense charged under this Act. thereto?

Q: What is the period of detention allowed? A: Any public officer who has direct custody of a
detained person under the provisions of this Act
A: and who by his deliberate act, misconduct, or
1. For detention without judicial warrant of inexcusable negligence causes or allows the escape
arrest, notwithstanding Art. 125 of RPC, any of such detained person shall be guilty of an offense
police or law enforcement personnel who has and shall suffer the penalty of:
taken custody of a person charged or (a) twelve (12) years and one day to twenty
suspected of the crime of terrorism or (20) years of imprisonment, if the
conspiracy to commit terrorism shall deliver detained person has already been
said charged person to the proper judicial


convicted and sentenced in a final

judgment of a competent court; and
(b) six (6) years and one day to twelve (12)
years of imprisonment, if the detained
person has not been convicted and
sentenced in a final judgment of a

competent court.

Q: What is the effect of false prosecution of a

person accused of terrorism?

A: Upon acquittal, any person who is accused of
terrorism shall be entitled to the payment of
damages in the amount of Five Hundred Thousand
Pesos (P500,000.00) for every day that he or she
has been detained or deprived of liberty or arrested
without a warrant as a result of such an accusation.

The amount of damages shall be automatically
charged against the appropriations of the police
agency or the Anti-Terrorism Council that brought
or sanctioned the filing of the charges against the
accused. It shall also be released within fifteen (15)
days from the date of the acquittal of the accused.

The award of damages mentioned above shall be

without prejudice to the right of the acquitted

accused to file criminal or administrative charges

against those responsible for charging him with the
case of terrorism.

Note: Any officer, employee, personnel, or person who
delays the release or refuses to release the amounts
awarded to the individual acquitted of the crime of
terrorism as directed in the paragraph immediately
preceding, shall suffer the penalty of six (6) months of
imprisonment. If the deductions are less than the
amounts due to the detained persons, the amount
needed to complete the compensation shall be taken
from the current appropriations for intelligence,
emergency, social or other funds of the Office of the
President. In the event that the amount cannot be
covered by the current budget of the police or law
enforcement agency concerned, the amount shall be
automatically included in the appropriations of the
said agency for the coming year.

CRIMINAL LAW TEAM

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Q: What are the crimes against the fundamental laws of the State?

A:
1. Arbitrary detention (Art. 124);
2. Delay in the delivery of detained persons to the proper judicial authorities (Art. 125);
3. Delaying release (Art. 126);
4. Expulsion (Art. 127);
5. Violation of domicile (Art. 128);
6. Search warrants maliciously obtained and abuse in the service of those legally obtained (Art. 129);
7. Searching domicile without witnesses (Art. 130);
8. Prohibition, interruption, and dissolution of peaceful meetings (Art. 131);
9. Interruption of religious worship (Art. 132); and
10. Offending the religious feelings (Art. 133);
Under this title, the offenders are public officers,

except offending the religious feelings under Article A: A person is detained when he is placed in
133 which may be committed by any person. The confinement or there is restraint on his person.
public officers who may be held liable are only
those acting under supposed exercise of official Q: What are the periods of detention?
functions, albeit illegally. But private persons may
also be liable under this title as when a private A:
person conspires with a public officer. 1. Detention for 3 days or less punishable by
arresto mayor in its max to prision correccional
Note: What is required is that the principal offender in its min
must be a public officer. Thus, if a private person 2. Detention for more than 3 to 15 days
conspires with a public officer, or becomes an punishable by prision correccional in its med
accessory or accomplice, the private person also and max
becomes liable for the same crime. But a private 3. Detention for more than 15 to 6 months
person acting alone cannot commit the crimes under punishable by prision mayor
Article 124 to 132 of this title.
4. Detention for more than 6 months
punishable by reclusion temporal
Q: What are the classes of arbitrary detention?
Q: Can there be arbitrary detention even if the
A: victims were not kept in an enclosure?
1. Detaining a person without legal ground (Art
124) A: Yes. The prevailing jurisprudence on kidnapping
2. Delay in the delivery of detained persons to and illegal detention is that the curtailment of the
the proper authorities (Art 125) victims liberty need not involve any physical
3. Delaying release (Art 126) restraint upon the victims person. If the acts and
actuations of the accused can produce such fear in
Note: Articles 125 and 126 make reference to the
the mind of the victim sufficient to paralyze the
penalties provided for in Article 124 for their penalties.
latter, to the extent that the victim is compelled to

limit his own actions and movements in accordance
Arbitrary Detention with the wishes of the accused, then the victim is,
Art. 124 for all intent and purposes, detained against his
will. (Benito Astorga v. People, G.R. No. 154130,
Q: What are the elements of the crime of arbitrary Oct. 1, 2003)
detention?
Q: Is it necessary that the public officer be a police
A: officer for him to be held liable for arbitrary
1. Offender is a public officer or employee detention?
2. He detains a person
3. Detention is without legal grounds (US vs A: No. It is important, however, that the public
Braganza, 10 Phil 79) officer must be vested with the authority to detain
or order the detention of persons accused of a
Q: When is a person considered in detention?


crime such as policemen and other agents of law, generally in a manner calculated to arouse the
judges or mayors. suspicion of any one not advised as to their
duty, were arrested by policemen of the town.
Q: If the public officer who effected the arrest has The Supreme Court held that the police
no such authority to detain a person, what crime officers acted in good faith and cannot be held
can he be made liable for? liable for arbitrary detention. (U.S v.
Batalliones, 23 Phil. 46)
A: If the offender does not have the authority to
detain a person or to make such arrest, the crime Q: Can arbitrary detention be committed thru
committed by him is illegal detention. A public imprudence?
officer who is acting outside the scope of his official
duties is no better than a private citizen. A: Yes. The crime of arbitrary detention can be
committed through imprudence.
Note: In arbitrary detention, the offender is a public
officer whose functions have something to do with the Illustration:
protection of life and/or property and maintenance of
peace and order. Thus, if the one, who arrests another A police officer re-arrests a woman who had
without legal ground, is without authority to do so, like been released by means of verbal order of the
a clerk in the Office of the Central Bank Governor, judge. The police officer acted without malice,
arbitrary detention is not the proper charge but illegal
but did not verify the order of release before
detention.
proceeding to make the re-arrest. He is liable

for arbitrary detention through simple
Q: Can a barangay chairman be guilty of this
imprudence. (People v. Misa, 36 O.G. 3496)
crime?

Q: What are the distinctions between arbitrary
A: Yes. He has authority, in order to maintain peace
detention and illegal detention?
and order, to cause the arrest and detention of a

person. (Boado, 2008)
A:

Q: What are the legal grounds for the detention of Arbitrary Detention Illegal Detention
persons? The principal offender The principal offender is
must be a public officer. a private person.
A: GR: The offender, even if he
The offender who is a
1. Commission of a crime is a public officer, does
public officer has a duty
2. Violent insanity or other ailment requiring not include as his
which carries with it the
compulsory confinement of the patient in function the power to
authority to detain a
a hospital arrest and detain a
person.
3. Instances of a valid warrantless arrest person.
under Rule 113, Sec. 5 of the Revised
Rules of Court Q: What are the distinctions between arbitrary
a. suspect is caught in flagrante delicto detention and unlawful arrest?
b. suspect is caught immediately after
the commission of the offense when A:
the officer has probable cause to Arbitrary Detention Unlawful Arrest
believe based on personal The offender is a public
knowledge of facts and officer possessed with The offender may be
circumstances that the person to be authority to make any person.
arrested committed it arrests.
c. escaping prisoners The purpose is to accuse
the offended party of a
XPN: When the peace officers acted in good crime he did not
The purpose for
faith even if the grounds mentioned above are commit, to deliver the
detaining the offended
not obtaining, there is no arbitrary detention. person to the proper
party is to deny him of
authority, and to file the
his liberty.
Illustration: necessary charges in a
way trying to
2 BIR secret agents, strangers in the incriminate him.
municipality who were spying the
neighborhood of the market place and acting
CRIMINAL LAW TEAM

Q: X, a police officer, falsely imputes a crime actually committing, or is attempting to

against A to be able to arrest him but he appears commit an offense
to be not determined to file a charge against him. 2. Hot Pursuit - When an offense has in fact been
What crime, if any, did X commit? committed, and he has probable cause to
believe based on personal knowledge of facts
A: The crime is arbitrary detention through and circumstances that the person to be
unlawful arrest. (Boado, 2008) arrested has committed it

Delay in the Delivery of Detained Persons to the Note: Probable causesuch facts and
Proper Judicial Authority circumstances which could lead a reasonable
Art. 125 discreet and prudent man to believe than an
offense has been committed and that the object

sought in connection with the offense are in the
Q: What are the elements of this crime? place sought to be searched

A: Personal knowledge of factsmust be based
1. Offender is a public officer or employee upon probable cause, which means an actual
2. He has detained a person for some legal belief or reasonable grounds of suspicion
ground
3. He fails to deliver such person to the proper 3. Escaping Prisoner - When the person to be
judicial authorities within: arrested is a prisoner who has escaped from a
a. 12 hours for crimes/offenses punishable penal establishment or place where he is
by light penalties or their equivalent; serving final judgment or temporarily confined
b. 18 hours for crimes/offenses punishable while his case is pending, or has escaped while
by correctional penalties or their being transferred from one confinement to
equivalent; another
c. 36 hours for crimes/offenses punishable
by afflictive penalties or their equivalent. Q: What is meant by delivery?

Q: What are the circumstances considered in A: Delivery means the filing of correct information
determining liability of officer detaining a person or complaint with the proper judicial authorities. It
beyond legal period? does not mean physical delivery or turnover of
arrested person to the court.
A:
1. The means of communication Q: What is meant by proper judicial authorities?
2. The hour of arrest
3. Other circumstances such as the time of A: It refers to the courts of justice or judges of said
surrender and material possibility of the fiscal courts vested with judicial power to order the
to make the investigation and file in time the temporary detention or confinement of a person
necessary information. charged with having committed a public offense.

Q: What situation is contemplated by Art. 125? Q: What should the officer do if the judge is not
available?
A: Art. 125 contemplates a situation where arrest
was made without a warrant but there exists a legal A: Where a judge is not available, the arresting
ground for the arrest. It does not apply when the officer is duty-bound to release a detained person,
arrest is on the strength of a warrant of arrest, if the maximum hours for detention had already
because in the latter case, there is no period expired. Failure to cause the release may result in
required for the delivery of a detained person to an offense under Art. 125. (Albor v. Auguis, A.M.
the proper judicial authorities except that it must No. P-01-1472, June 26, 2003)
be made within a reasonable time. The person
arrested can be detained indefinitely until his case Q: Should the person arrested without a warrant
is decided by the court or until he posts bail for his opt to avail his right to a preliminary investigation,
temporary release. what must he execute?

Q: When is a warrantless arrest lawfully effected? A: Under the Revised Rules of Court, he should
waive in writing his rights under Art. 125.
1. In Flagrante Delicto - When, in his presence,
the person to be arrested has committed, is


Note: Waiver must be under oath and with the a. Service of notice of such order to the
assistance of counsel prisoner, or
b. Performance of such judicial or executive
Q: What is the length of waiver? order for the release of the prisoner, or
c. Proceedings upon a petition for the
A: release of such person.
1. Light offense- 5 days Expulsion
2. Serious and less serious offenses -7 to 10 days Art. 127

Q: What if the person arrested does not want to Q: What are the punishable acts under this article?
waive his rights under Art. 125?
A:
A: The arresting officer will have to comply with Art. 1. Expelling a person from the Philippines
125 and file the case immediately in court without 2. Compelling a person to change his residence.
preliminary investigation.
Note: This article does not apply in cases of ejectment,
Q: What is the difference between delay in the expropriation or when the penalty imposed is
delivery of detained persons (Art. 125) and destierro.
arbitrary detention (Art. 124)?
Q: What are the elements of expulsion?
A:
Delay in the Delivery of Arbitrary A:
Detained persons Detention 1. Offender is a public officer or employee
The detention is legal at the 2. He either:
outset but becomes arbitrary The detention is a. Expels any person from the Philippines
when the detention exceeds illegal at the very b. Compels a person to change residence
any of the periods of time inception because 3. Offender is not authorized to do so by law
specified in Art. 125, without of the absence of
the person detained having lawful cause for Q: What is the essence of the crime of expulsion?
been charged before the such arrest.
proper judicial authority. A: The essence of this crime is coercion but it is
specifically termed expulsion when committed by a
Delaying Release public officer.
Art. 126
Q: If any of the punishable acts under Art. 127 is
Q: What are the punishable acts? committed by a private person, what crime can he
be made responsible for?
A:
1. Delaying the performance of judicial or A: Grave coercion
executive order for the release of a prisoner
2. Unduly delaying the service of the notice of Q: What is the crime committed if aliens are
such order to said prisoner deported without an order from the President or
3. Unduly delaying the proceedings upon any the Commissioner of Immigration and Deportation
petition for the liberation of such person. after due proceedings?

Q: What are the elements of delaying release? A: Expulsion.

A: Note: Pursuant to Sec. 69 of the Revised
1. Offender is a public officer or employee Administrative Code, only the President of the
2. There is a judicial or executive order for the Philippines is vested with authority to deport aliens.
release of the prisoner or detention prisoner,
or that there is a proceeding upon a petition Q: What crime is committed when a Filipino who,
for the liberation of such person after voluntarily leaving the country, is illegally
refused re-entry by a public officer?
Note: The prisoners could be prisoners by final
judgment or detention prisoners. A: Expulsion, because he is considered a victim of
being forced to change his address.
3. Offender without good reason delays:
CRIMINAL LAW TEAM

Violation of Domicile Q: What are the qualifying circumstances under

Art. 128 Art. 128?

Q: What are the punishable acts? A:
1. If committed at night time
A: 2. If any papers or effects not constituting
1. Entering any dwelling against the will of the evidence of a crime are not returned
owner thereof immediately after the search is made by the
2. Searching papers or other effects found offender.
therein without the previous consent of such
owner Search Warrants Maliciously Obtained and Abuse
3. Refusing to leave the premises after having in the Service of those Legally Obtained
surreptitiously entered said dwelling and after Art. 129
having been required to leave the same
Q: What are the punishable acts under this article?
Note: What is punished is the refusal to leave,
the entry having been made surreptitiously. A:
1. Procuring a search warrant without just cause.
Q: What is the meaning of against the will of the
owner? Elements:
a. That the offender is a public officer
A: It presupposes opposition or prohibition by the or employee
owner, whether express or implied, and not merely b. That he procures a search warrant
the absence of consent. c. That there is no just cause

Q: What are the common elements? 2. Exceeding his authority or by using
unnecessary severity in executing a search
A: warrant legally procured
1. Offender is public officer or employee;
2. He is not authorized by judicial order to enter Elements:
the dwelling and/or to make a search for a. That the offender is a public officer
papers and for other effects. or employee
b. That he has legally procured a search
Q: Suppose the punishable acts under Art. 128 are warrant
committed by a private person, what crime did he c. That he exceeds his authority or uses
commit? unnecessary severity in executing
the same
A: Trespass to dwelling.
Q: What is a search warrant?
Q: Are the provisions under Art. 128 applicable if
the occupant of the premises is not the owner? A: It is an order in writing, issued in the name of the
People of the Philippines, signed by a judge and
A: Yes, it would be sufficient if the inhabitant is directed to a peace officer, commanding him to
lawful occupant using the premises as his dwelling, search for personal property described therein and
although he is not the property owner. bring it before the court.

Q: If a public officer searches a person outside his Q: What is the requisite for the issuance of search
dwelling, not armed with a search warrant or a warrant?
warrant of arrest, are the provisions of Art. 128
applicable? A: A search warrant shall not issue except upon
probable cause in connection with one specific
A: No, because the papers and other effects offense to be determined personally by the judge
mentioned in Art. 128 must be found in the after examination under oath or affirmation of the
dwelling. The crime committed is grave coercion, if complainant and the witnesses he may produce,
violence and intimidation are used (Art. 286), or and particularly describing the place to be searched
unjust vexation, if there is no violence or and the things to be seized which may be anywhere
intimidation (Art. 287). in the Philippines. (Sec. 4, Rule 126, Revised Rules of
Criminal Procedure)



Note: A search warrant shall be valid for 10 days from Note: This article does not apply to searches of
its date. Thereafter, it shall be void. vehicles and other means of transportation (Reyes
2008)
Q: When is a search warrant considered illegally
obtained? Q: What is the order of those who must witness
the search?
A: When a search warrant was procured without a
probable cause. A:
1. Homeowner
Q: What is the test for lack of just cause? 2. Members of the family of sufficient age and
discretion
A: Whether the affidavit filed in support of the 3. Responsible members of the community
application for search warrant has been drawn in
such a manner that perjury could be charged Note: Unlike in Art. 128 where the public officer is not
thereon and the affiant could be held liable for armed with a warrant, in crimes under Art. 129 and
damages caused. (Alvarez vs Court, et al 64 Phil 33) 130, the search is made by virtue of a valid warrant,
but the warrant notwithstanding, the liability for the
Q: What is the consequence of evidence obtained, crime is still incurred through the following situations:
1. The search warrant was irregularly
using a search warrant that is issued without just
obtained
cause?
2. The officer exceeded his authority

under the warrant
A: When papers and effects are obtained during 3. The public officer employs unnecessary
unreasonable searches and seizures, or under a or excessive severity in the
search warrant issued without probable cause, or in implementation of the search warrant
violation of the privacy of communications and 4. The owner of dwelling or any member
correspondence, the papers or effects obtained are of the family was absent, or two
not admissible for any purpose in any proceeding witnesses residing within the same
(Art. III, Sec. 2 and 3, 1987 Constitution) locality were not present during the
search
Q: What is the effect if the search warrant is
secured through a false affidavit? Q: Suppose, X, a suspected pusher lives in a
condominium unit. Agents of the PDEA obtained a
A: The crime punished by this article cannot be search warrant but the name of the person in the
complexed but will be a separate crime from search warrant did not tally with the address
perjury, since the penalty herein provided shall be indicated therein. Eventually, X was found but in a
in addition to the commission of any other different address. X resisted but the agents
offense, which in this case is perjury. insisted on the search. Drugs were found and
seized and X was prosecuted and convicted by the
Searching Domicile without Witnesses trial court. Is the search valid?
Art. 130
A: No, because the public officers are required to
Q: What are the elements of this crime? follow the search warrant by its letter. They have
no discretion on the matter. Their remedy is to ask
A: the judge to change the address indicated in the
1. Offender is a public officer or employee search warrant.
2. He is armed with search warrant legally
procured Prohibition, Interruption and Dissolution of
3. He searches the domicile, papers or other Peaceful Meetings
belongings of any person Art. 131

Note: The papers or other belongings must be in Q: What are the punishable acts under this article?
the dwelling of the owner at the time the search
is made. A:
1. Prohibiting or interrupting, without legal
4. Owner or any member of his family, or two ground, the holding of a peaceful meeting, or
witnesses residing in the same locality are not by dissolving the same
present.
CRIMINAL LAW TEAM

2. Hindering any person from joining any lawful A:

association or from attending any of its 1. Offender is a public officer or employee
meetings
3. Prohibiting or hindering any person from Note: If the offender is a private individual, he
addressing, either alone or together with may be liable under Art. 133.
others, any petition to the authorities for
correction of abuses or redress of grievances. 2. Religious ceremonies or manifestations of any
religious are about to take place or are going
Note: In all three cases, the following elements must on
concur:
1. Offender is a public officer Note: Religious worship includes people in the act
2. He performs any of the acts mentioned of performing religious rites for religious
above ceremony or manifestation of religion. If the
prohibition or disturbance is committed only in a
Q: To be held liable under Art. 131, is it necessary meeting or rally of a sect, it would be punishable
that the offender be a stranger to the meeting that under Art. 131.
has been interrupted and dissolved?
3. Offender prevents or disturbs the same
A: Yes. If the offender is a participant of the
meeting, he is liable for unjust vexation Q: What are the qualifying circumstances of the
crime?
Q: In requiring a permit before any meeting or
assembly is held, can it be construed as preventing A: If the crime is committed with violence or
peaceful assemblies? threats

A: No, the permit requirement shall be in exercise Offending the Religious Feelings
only of the governments regulatory powers and Art. 133
not really to prevent peaceful assemblies. This
requirement is legal as long as it is not being Q: What are the elements of this crime?
exercised as a prohibitory power.
A:
Note: But if such application for permit is arbitrarily 1. Acts complained of were performed:
denied, or conditions which defeat the exercise of the a. In a place devoted to religious worship (It
right to peaceably assemble is dictated by the officer, is not necessary that there is religious
this article applies. worship)
b. During the celebration of any religious
Q: What are the distinctions between Prohibition, ceremony
Interruption, or Dissolution of Peaceful Meetings 2. Acts must be notoriously offensive to the
under Art. 131 and Tumults and other feelings of the faithful.
Disturbances, under Art. 153?
Note: Art. 133 is the only crime against the
A: fundamental law of the State that may be committed
Art. 131 Art. 153 not only by public officer but also by a private person.
The public officer is not
a participant. As far as The public officer is a Q: When is an act considered notoriously
the gathering is participant of the offensive?
concerned, the public assembly.
officer is a third party. A: When the act is directed against religious
The offender could be a practice or dogma or ritual for the purpose of
The offender must be a private person, whether ridicule, as mocking or scoffing at or attempting to
public officer. a participant of the damage an object of religious veneration. (People v.
assembly or not Baes, 68 Phil 203)

Note: There must be deliberate intent to hurt the
Interruption of Religious Worship
feelings of the faithful, mere arrogance or rudeness is
Art. 132
not enough.

Anti-Torture Act of 2009 (R.A. 9745)



****R.A. 9745 punishes torture inflicted by a person 5. The submersion of the head in water
in authority or agent of a person in authority upon or water polluted with excrement,
another in his/her custody. urine, vomit and/or blood until the
brink of suffocation;
Q: What is torture? 6. Being tied or forced to assume fixed
and stressful bodily position;
A: Under Sec. 3, torture refers to an act by which 7. Rape and sexual abuse, including the
severe pain or suffering, whether physical or insertion of foreign objects into the
mental, is intentionally inflicted on a person for sex organ or rectum, or electrical
such purposes as obtaining from him/her or a third torture of the genitals;
person information or a confession; punishing 8. Mutilation or amputation of the
him/her for an act he/she or a third person has essential parts of the body such as
committed or is suspected of having committed; or the genitalia, ear, tongue, etc.;
intimidating or coercing him/her or a third person; 9. Dental torture or the forced
or for any reason based on discrimination of any extraction of the teeth;
kind, when such pain or suffering is inflicted by or at 10. Pulling out of fingernails;
the instigation of or with the consent or 11. Harmful exposure to the elements
acquiescence of a person in authority or agent of a such as sunlight and extreme cold;
person in authority. It does not include pain or 12. The use of plastic bag and other
suffering arising only from, inherent in or incidental materials placed over the head to
to lawful sanctions. the point of asphyxiation;
13. The use of psychoactive drugs to
Other cruel, inhuman and degrading treatment or change the perception, memory.
punishment refers to a deliberate and aggravated alertness or will of a person, such as:
treatment or punishment not enumerated under i. The administration or drugs to
Section 4 of this Act, inflicted by a person in induce confession and/or
authority or agent of a person in authority against a reduce mental competency; or
person under his/her custody, which attains a level ii. The use of drugs to induce
of severity causing suffering, gross humiliation or extreme pain or certain
debasement to the latter. symptoms of a disease; and
14. Other analogous acts of physical
Q: What are the punishable acts? torture.

A: Torture, as punished under the law, may either B. Mental/psychological torture refers to
be physical or mental/psychological. acts calculated to affect or confuse the
mind and/or undermine a persons dignity
A. Physical torture is a form of treatment or and morale, such as:
punishment that causes severe pain,
exhaustion, disability or dysfunction of 1. Blindfolding;
one or more parts of the body, such as: 2. Threatening a person(s) or his/her
relative(s) with bodily harm,
1. Systematic beating, head-banging, execution or other wrongful acts;
punching, kicking, striking with 3. Confinement in solitary cells or
truncheon or rifle butt or other secret detention places;
similar objects, and jumping on the 4. Prolonged interrogation;
stomach; 5. Preparing a prisoner for a show
2. Food deprivation or forcible feeding trial, public display or public
with spoiled food, animal or human humiliation of a detainee or
excreta and other stuff or substances prisoner;
not normally eaten; 6. Causing unscheduled transfer of a
3. Electric shock; person deprived of liberty from one
4. Cigarette burning; burning by place to another, creating the belief
electrically heated rods, hot oil or that he/she will be summarily
acid, or by the rubbing of pepper or executed;
other chemical substances on 7. Maltreating a member/s of a
mucous membranes, or acids or person's family;
spices directly on the wound;
CRIMINAL LAW TEAM

8. Causing the torture sessions to be investigate allegations of torture or

witnessed by the persons family, other cruel, inhuman and degrading
relatives or any third party; treatment or punishment but failed
9. Denial of sleep/rest; to prevent or investigate allegations
10. Shame infliction such as stripping the of such act, whether deliberately or
person naked, parading him/her in due to negligence.
public places, shaving the victims
head or putting marks on his/her 2. Any public officer or employee will be liable as an
body against his/her will; accessory if he/she has knowledge that torture or
11. Deliberately prohibiting the victim to other cruel, inhuman and degrading treatment or
communicate with any member of punishment is being committed and without having
his/her family; and participated in its commission, either as principal or
12. Other analogous acts of accomplice, takes part subsequent to its
mental/psychological torture. commission:
(a) By profiting from or assisting the offender
Q: Who are liable? to profit from the effects of the act of
torture or other cruel, inhuman and
A: degrading treatment or punishment; or
1. The following are liable as principals for the (b) By concealing the act of torture or other
crime of torture or other cruel or inhuman and cruel, inhuman and degrading treatment
degrading treatment or punishment: or punishment and/or destroying the
(a) Any person who actually participated or effects or instruments of torture in order
induced another in the commission of to prevent its discovery; or
torture or other cruel, inhuman and (c) By harboring, concealing or assisting in
degrading treatment or punishment, or the escape of the principal/s in the act of
who cooperated in the execution of the torture or other cruel, inhuman and
act of torture or other cruel, inhuman and degrading treatment or punishment,
degrading treatment or punishment by provided the accessory acts are done with
previous or simultaneous acts; the abuse of the officials public functions
(b) Any superior military, police or law
enforcement officer or senior government Q: What are the rights of a victim of torture?
official who issued an order to any lower
ranking personnel to commit torture for A:
whatever purpose; and (a) To have an impartial investigation by the CHR
(c) The immediate commanding officer of the and other concerned government agencies
unit concerned of the AFP or the such as the Department of Justice (DOJ), the
immediate senior public official of the Public Attorney's Office (PAO), the PNP, the
PNP and other law enforcement agencies, National Bureau of Investigation (NBI) and the
if: AFP;
i. By his act or omission, or negligence,
he has led, assisted, abetted or (b) To have the investigation of the torture
allowed, whether directly or completed within a maximum period 60
indirectly, the commission of torture working days from the time a complaint for
by his/her subordinates; or torture is filed, and to have any appeal
ii. He/she has knowledge of or, owing resolved within the same period;
to the circumstances at the time,
should haveknown that acts of (c) To have sufficient government protection for
torture or other cruel, inhuman and himself/herself and other persons involved in
degrading treatment or punishment the investigation/prosecution such as his/her
will be committed, is being lawyer, witnesses and elatives, against all
committed, or has been committed forms of harassment, threat and/or
by his/her subordinates or by others intimidation as a consequence of the filing of
within his/her area of responsibility the complaint for torture or the presentation
and, despite such knowledge, did not of evidence for such complaint;
take preventive or corrective action
either before, during or immediately (d) To be given sufficient protection in the manner
after its commission, when he/she by which he/she testifies and presents
has the authority to prevent or


evidence in any forum to avoid further trauma;

and

(e) To claim for compensation under Republic Act
No. 7309,* which in no case should be lower
than P10,000.00, and under other existing laws
and regulations.
CRIMINAL LAW TEAM

CRIMES AGAINST PUBLIC ORDER

Q: What are the crimes against public disorder?

A: They are:
1. Rebellion or insurrection (Art. 134)
2. Coup detat (Art. 134-A)
3. Conspiracy and proposal to commit coup detat, rebellion or insurrection (Art. 136)
4. Disloyalty of public officers or employees (Art. 137)
5. Inciting to rebellion (Art. 138)
6. Sedition (Art. 139)
7. Conspiracy to commit sedition (Art. 141)
8. Inciting to sedition (Art. 142)
9. Acts tending to prevent the meeting of Congress and similar bodies (Art. 144)
10. Disturbance of proceedings of Congress or similar bodies (Art. 144)
11. Violation of parliamentary immunity (Art. 145)
12. Illegal assemblies (Art. 146)
13. Illegal associations (Art. 147)
14. Direct assaults (Art. 148)
15. Indirect assaults (Art. 149)
16. Disobedience to summons issued by Congress, its committees, etc., by the constitutional commissions,
its committees, etc., (Art. 150)
17. Resistance and disobedience to a person in authority or the agents of such person (Art. 151)
18. Tumults and other disturbances of public disorder (Art. 153)
19. Unlawful use of means of publication and unlawful utterances (Art. 154)
20. Alarms and scandals (Art. 155)
21. Delivering prisoners from jails (Art. 156)
22. Evasion of service of sentence (Art. 157)
23. Evasion on occasion of disorders (Art. 158)
24. Violation of conditional pardon (Art. 159)
25. Commission of another crime during service of penalty imposed for another previous offense (Art. 160)


Q: What are political crimes? Note: Killing, robbing, etc, for private purposes or
profit without any political motivation would be
A: Those that are directly aimed against the political separately punished and would not be absorbed in the
order, as well as such common crimes as may be rebellion. (People v. Geronimo et al., 100 Phil 90)
committed to achieve a political purpose. The
decisive factor is the intent or motive. Q: Is the ruling in Hernandez applicable even if the
common crime committed is punishable by a
Rebellion or Insurrection special law?
Art. 134
A: Yes. All crimes, whether punishable under special

Q: What are the elements of Rebellion or a or general law, which are mere components or
Insurrection ingredients, or committed in furtherance thereof,
become absorbed in the crime or rebellion and
A: cannot be isolated and charged as separate crimes
1. That there be : themselves. (Ponce Enrile v. Amin, G.R. No. 93335,
a. public uprising and
September 13, 1990)
b. taking of arms against the Government.

2. Purpose of uprising or movement is either to:
Q: As a result of the killing of SPO3 Jesus Lucilo,
a. Remove from the allegiance to said
Elias Lovedioro was charged with and
Government or its laws
subsequently found guilty of the crime of murder.
i. The territory of the Philippines or
On appeal, Lovedioro claims that he should have
any part thereof; or
been charged with the crime of rebellion, not
ii. Any body of land, naval or other
murder as, being a member of the NPA, he killed
armed forces;
Lucilo as a means to or in furtherance of
b. Deprive the Chief Executive or Congress,
subversive ends. The Solicitor General, opposing
wholly or partially, any of their powers or
appellants claim, avers that it is only when the
prerogatives
defense had conclusively proven that the motive

or intent for the killing of the policeman was for
Q: What is the essence of the crime of rebellion?
"political and subversive ends" will the judgement

of rebellion be proper. Between the appellant and
A: The essence of rebellion is public uprising and
the Solicitor General, who is correct?
the taking of arms for the purpose of overthrowing

the Government by force although it is not
A: The Solicitor General is correct. It is not enough
necessary that the rebels succeed in overthrowing
that the overt acts of rebellion are duly proven.
the Government. It is generally carried out by
Both purpose and overt acts are essential
civilians.
components of the crime. With either of these

Note: If there is no public uprising, the crime is direct
elements wanting, the crime of rebellion legally
assault. does not exist. If no political motive is established
and proved, the accused should be convicted of the
Q: What is the nature of the crime of rebellion? common crime and not of rebellion. In cases of
rebellion, motive relates to the act, and mere
A: Rebellion is a crime of the masses. It requires a membership in an organization dedicated to the
multitude of people. It is a vast movement of men furtherance of rebellion would not, by and of itself,
and a complex network of intrigues and plots. suffice. (People vs. Lovedioro, G.R. No. 112235,
1995)
Q: Can rebellion be complexed with common
crimes? Q: For the killing of Redempto Manatad, a
policeman and who was then in the performance
A: No. Being within the purview of engaging in of his official duties, accused Rodrigo Dasig, a self-
war and committing serious violence, said resort confessed member of the sparrow unit, the
to arms, with the resulting impairment or liquidation squad of the NPA, was found guilty of
destruction of life and property, constitutes not two murder with direct assault. On appeal, he claims
or more offense, but only one crime that of that he should be convicted at most of simple
rebellion plain and simple. (People v. Hernandez et rebellion and not murder with direct assault. Is the
al., 99 Phil 515) appeal meritorious?

A: Yes, since the killing of Manatad is a mere
component of rebellion or was done in furtherance
CRIMINAL LAW TEAM

BOOK 2: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
thereof. It is of judicial notice that the sparrow unit A:

is the liquidation squad of the New People's Army REBELLION INSURRECTION
with the objective of overthrowing the duly The object of the The movement seeks
constituted government. It is therefore not hard to movement is merely to effect some
comprehend that the killing of Pfc. Manatad was completely to change of minor
committed as a means to or in furtherance of the overthrow and importance, or to
subversive ends of the NPA. Consequently, supersede the existing prevent the exercise of
appellant is liable for the crime of rebellion, not government. governmental authority
murder with direct assault upon a person in with respect to particular
authority, as the former crime absorbs the crime of matters or subjects.
direct assault when done in furtherance thereof
(People vs. Dasig, et. al., G.R. No. 100231. April 28, Coup dEtat
1993). Art. 134-A

Q: On May 5, 1992, at about 6:00 a.m., while
Governor Alegre of Laguna was on board his car
traveling along the National Highway of Laguna.
A:
Joselito and Vicente shot him on the head
1. Offender is a person or persons belonging to
resulting in his instant death. At that time, Joselito
the military or police or holding any public
and Vicente were members of the liquidation
office or employment.
squad of the New Peoples Army and they killed 2. There be a swift attack accompanied by
the governor upon orders of their senior officer
violence, intimidation, threat, strategy or
Commander Tiago. According to Joselito and
stealth;
Vicente, they were ordered to kill Governor Alegre
3. The purpose of the attack is seize or diminish
because of his corrupt practices. If you were the State power;
prosecutor, what crime will you charge Joselito
4. The attack is directed against duly constituted
and Vicente?
authorities of the Republic of the Philippines,

or any military camp or installation,
A: If I were the prosecutor, I would charge Joselito communication networks, public utilities or
and Vicente with the crime of rebellion, considering other facilities needed for the exercise and
that they were members of the liquidation squad of
continued possession of power.
the New People's Army and the killing was upon

orders of their commander; hence, politically-
Q: What is the essence of the crime of coup detat?
motivated. This was the ruling in People vs. Avila,
207 SCRA 1568 involving identical facts which is a
A: The essence of the crime is a swift attack upon
movement taken judicial notice of as engaged in
the facilities of the Philippine government, military
rebellion against the Government. (1998 Bar
camps and installations, communication networks,
Question) public utilities and facilities essential to the
continued possession of governmental powers.
Q: What are the distinctions between rebellion

and treason?
Q: What is the objective of coup detat?

A: A: The objective of coup detat is to destabilize or
REBELLION TREASON paralyze the government through the seizure of
The uprising is against The levying of war is facilities and utilities essential to the continued
the government. done to aid the enemy. possession and exercise of governmental powers.
The purpose is to The purpose is to
substitute the existing deliver the government Q: Who are the principal offenders of coup detat?
government with to the enemy.
another. A: The principal offenders are members of the AFP
or of the PNP organization or a public officer with
Note: Mere giving of aid or comfort is not criminal in or without civilian support.
cases of rebellion. There must be an actual
participation. Hence, mere silence or omission of the
Q: Distinguish coup detat from rebellion.
public officer is not punishable in rebellion.

A:
Q: What is the difference between rebellion and
COUP DETAT REBELLION
insurrection?
Essence is a swift attack Essence of the crime is


against the government, public uprising and A: The leader being unknown, any person who in
its military camp or taking up arms against fact directed the others, spoke for them, signed
installations, the government. receipts and other documents issued in their name,
communication network or performed similar acts, on behalf of the rebels
and public facilities and shall be deemed the leader of such rebellion,
utilities essential to the insurrection or coup d'etat. (2002 Bar Question)
continued exercise of
governmental powers. Conspiracy and Proposal to Commit Coup dEtat,
May be carried out singly Requires a public Rebellion, or Insurrection
or simultaneously. uprising, or multitude Art. 136
of people.
Principal offenders must Offenders need not be Q: What are the crimes punished under this
be members of the uniformed personnel Article?
military, national police of the military or the
or public officer, with or police. A:
without civilian support. 1. Conspiracy to commit coup detat
The purpose is merely to The purpose is to 2. Proposal to commit coup detat
paralyze the existing overthrow the existing 3. Conspiracy to commit rebellion or insurrection
government. government. 4. Proposal to commit rebellion or insurredtion

Penalty for Rebellion or Insurrection or Coup Q: When is there conspiracy to commit coup
Detat detat?
Art. 135
A: When two or more persons belonging to the
Q: Who are the persons liable for rebellion, military or police or holding any public office or
insurrection or coup detat? employment come to an agreement to seize or
diminish State power through a swift attack
A: accompanied by violence, intimidation, threat,
1. Leader strategy or stealth against duly constituted
a. Any person who promotes, maintains, or authorities of the Republic of the Philippines, or any
heads a rebellion or insurrection. military camp or installation, communication
b. Any person who leads, directs, or networks, public utilities or other facilities needed
commands others to undertake coup for the exercise and continued possession of power
detat. and decide to commit it.

2. Participants Q: When is there proposal to commit coup detat?
a. Any person who participates or executes
the commands of others in rebellion, or A: When the person belonging to the military or
insurrection. police or holding any public office or employment
b. Any person in the government service who has decided to seize or diminish State power
who participates, or executes directions through a swift attack accompanied by violence,
or commands of others in undertaking a intimidation, threat, strategy or stealth against duly
coup detat. constituted authorities of the Republic of the
c. Any person not in the government service Philippines, or any military camp or installation,
who participates, supports, finances, communication networks, public utilities or other
abets, or aids in undertaking a coup facilities needed for the exercise and continued
detat. possession of power proposes its execution to some
other person or persons.
Note: In cases of rebellion, the public officer must take
active part to be liable. Mere silence or omission is not Q: When is there conspiracy to commit rebellion?
one of those acts constituting the crime of rebellion
(U.S. vs. Ravidas, 4 Phil. 273). A: When two or more persons come to an
agreement to rise publicly and take arms against
Q: If the attack is quelled but the leader is the government for any of the purposes of rebellion
unknown, who shall be deemed the leader and decide to commit it.
thereof?
Q: When can there be proposal to commit
rebellion?
CRIMINAL LAW TEAM

If so, what crime was committed? What is his

A: When the person who has decided to rise criminal liability?
publicly and take arms against the government for
any of the purposes of rebellion proposes its A: No, Father Abraham did not commit a crime. His
execution to some other person or persons. failure to report such conspiracy is due to an
insuperable cause, one of the exempting
Q: On account of the testimony of the circumstances under Article 12 of the RPC, as under
prosecutions witness, the accused, together with our law, a priest cannot be compelled to disclose
some more or less forty persons who were said to any information received by him by reason of
be conspiring to overthrow the Government, was confession made to him under his professional
heard to have said, "What a life this is, so full of capacity. (1994 Bar Question)
misery, constantly increasing. When will our
wretchedness end? When will the authorities Note: In the case of U.S. vs. Vergara (3 Phil. 43), the
remedy it? What shall we do?" Is there a Supreme Court held that persons who may be held
conspiracy? criminally liable under this Article are those who
actually conspired with each other, not those who
A: None, as the prosecution failed to establish the learned and failed to report the same to the
existence of conspiracy to rebel by showing that authorities.
there is (1) an agreement and (2) decision to
commit rebellion. Mere words of discontent, Disloyalty of Public Officers or Employees
although they reveal dissatisfaction on account of Art. 137
the evils, real or fictitious, to which they refer, are
not alone sufficient to prove the existence of a Q: What are the acts of disloyalty which are
conspiracy to rebel, much less with the aid of force, punished?
against the constituted Government (U.S. vs.
Figueras, et. al., G.R. No. 1282, September 10, A: They are:
1903). 1. Failing to resist a rebellion by all the
means in their power.
Q: Accused is the founder and leader of the 2. Continuing to discharge the duties of their
Congress of Labor Organizations (CLO). The theory offices under the control of the rebels.
of the prosecution is that the accused has 3. Accepting appointment to office under
conspired with the Communist Party of the them.
Philippines by giving monetary aid, among others,
to help the Huks. Further, he gave speeches Note: The crime presupposes the existence of
advocating the principles of Communism and rebellion, but the offender under this article must not
urging his audience to join the uprising of laboring be in conspiracy with the rebels; otherwise, he will be
classes against America and the Quirino guilty of rebellion, as the act of one is the act of all.
administration. Is the accused guilty of conspiracy
to commit rebellion? Inciting to Rebellion or Insurrection
Art. 138
A: No, as there was no evidence showing that those
who heard his speeches there and then agreed to Q: What are the elements of this crime?
rise up arms to overthrow the government.
Accused was merely a propagandist and A:
indoctrinator of Communism, he was not a 1. Offender does not take arms or is not in open
Communist conspiring to commit the actual hostility against the Government;
rebellion by the mere fact of his leadership of the 2. He incites others to rise publicly and take arms
CLO. (People v. Hernandez, G.R. No. L-6025, 1964) against the Government for any of the
purposes of the rebellion; and
Q: VC, JG, and GG conspired to overthrow the 3. The inciting is done by means of speeches,
Philippine Government. VG was recognized as the proclamations, writings, emblems, banners or
titular head of the conspiracy. Several meetings other representations tending to the same
were held and the plan was finalized. JJ, bothered end.
by his conscience, confessed to Father Abraham
that he, VG, JG and GG have conspired to Note: The act of inciting must have been intentionally
overthrow the government. Father Abraham did calculated to induce others to commit rebellion.
not report this information to the proper
authorities. Did Father Abraham commit a crime? Q: Distinguish inciting to rebellion from proposal
to commit rebellion.

it is the raising of commotions or disturbances in

A: the State, a revolt against legitimate authority
INCITING TO REBELLION PROPOSAL TO COMMIT (People v. Perez, G.R. No. L-21049, 1923).
REBELLION
It is not required that The person who Q: Does the crime of sedition contemplate rising
the offender has proposes has decided to up of arms against government?
decided to commit commit rebellion.
rebellion. A: No, the purpose of the offenders in rising
The act of inciting is The person who publicly is merely to create commotion and
done publicly. proposes the execution disturbance by way of protest to express their
of the crime uses secret dissent and disobedience to the government or to
means. the authorities concerned.

Note: The crime of rebellion should not, however, be Note: The objective of sedition is not always against
committed by the persons incited or to whom it is the government, its property or officer. It could be
proposed. Otherwise, the person inciting or who against a private person or social class.
proposed the commission thereof becomes a principal
by inducement in the crime of rebellion. Q: Define tumultuous for purpose of this Article.

Sedition A: The disturbance or interruption shall be deemed
Art. 139 to be tumultuous if caused by more than three
persons who are armed or provided with means of
Q: What are the elements of this crime? violence (Art. 153, RPC).

A: Q: Upon the opening of the session of the
1. Offenders rise (1) publicly and (2) municipal council of San Carlos, Occidental Negros,
tumultuously; a large number of the town residents assembled
2. They employ force, intimidation, or other near the municipal building to demand the
means outside of legal methods; dismissal from office of the municipal treasurer,
3. The offenders employ any of those means to the secretary and chief of police. The persons who
attain any of the following objects or purposes: took part therein were wholly unarmed while a
a. Prevent the promulgation or execution of few carried canes. The crowd was fairly orderly
any law or the holding of any popular and well behaved. The council acceded to their
election; wishes. They were charged with sedition. Will the
b. Prevent the National Government, or any case prosper?
provincial or municipal government, or
any public officer thereof from freely A: No, there was no sedition because there was no
exercising its or his functions, or prevent public and tumultuous uprising. While it is true that
the execution of any administrative order; the council acceded to the demands of the
c. Inflict any act of hate or revenge upon the assembly through fear and under the influence of
person or property of any public officer or the threatening attitude of the crowd, it is rather
employee; expected that more or less disorder will mark the
d. Commit for any political or social end any public assembly of the people to protest against
act of hate or revenge against private grievances. The prosecution should not be
persons or any social class; and permitted to seize upon every instance of
e. Despoil, for any political or social end, any disorderly conduct by individual members of a
person, municipality or province, or the crowd as an excuse to characterize the assembly as
National Government of all its property or a seditious and tumultuous rising against the
any part thereof. authorities. Utmost discretion must be exercised in
drawing the line between disorderly and seditious
Q: What is the nature of this crime? conduct and between an essentially peaceable
assembly and a tumultuous uprising (U.S. v.
A: Sedition is a violation of the public peace or at Apurado, et. al., G.R. No. 1210, 1907).
least such a course of measures as evidently
engenders it, yet it does not aim at direct and open Q: Appellant, with about twenty armed men and
violence against the laws, or the subversion of the Huk Commander Torio, raided and attacked the
Constitution. It is an offense not directed primarily house of Punzalan, his political adversary and
against individuals but to the general public peace; incumbent Mayor of Tiaong, Quezon, with
automatic weapons, hand grenades, and bottles
CRIMINAL LAW TEAM

filled with gasoline. The raid resulted not only in order resulting from
destruction of Punzalans house and that of others tumultuous uprising.
but also in the death and injuries to a number of
civilians. The CFI found appellant guilty of the Q: What is the crime committed if there is no
complex crime of rebellion with multiple murder, public uprising?
among others. Was the lower court correct?
A: If the purpose of the offenders is to attain the
A: No. The accused is guilty of sedition, multiple objects of sedition by force or violence, but there is
murder and physical injuries, among others. The no public uprising, the crime committed is direct
purpose of the raid and the act of the raiders in assault.
rising publicly and taking up arms was not exactly
against the Government and for the purpose of Penalty for Sedition
doing the things defined in Article 134 of the Art. 140
Revised Penal code under rebellion. The raiders did
not even attack the Presidencia, the seat of local Q: Who are liable for sedition, and what are the
Government. Rather, the object was to attain by corresponding penalties?
means of force, intimidation, etc. one object, to wit,
to inflict an act of hate or revenge upon the person A:
or property of a public official, namely, Punzalan 1. The leader prision mayor in its minimum
was then Mayor of Tiaong. Under Article 139 of the period, fine not exceeding Php10,000
same Code this was sufficient to constitute sedition 2. Other persons participating in the sedition
(People v. Umali, et. al., G.R. No. L-5803, 1954). prision correccional in its maximum period, fine
not exceeding Php5,000
Q: What are the distinctions between sedition and
rebellion?
Conspiracy to Commit Sedition

Art. 141
A:

SEDITION REBELLION
Q: Is there a crime of proposal to commit sedition?
It is sufficient that There must be taking up

public uprising be of arms against the
A: None. Only conspiracy is punished and not
tumultuous. government.
proposal to commit sedition.
Purpose may be Purpose is always

political or social, that is political, that is to
Q: When is there conspiracy to commit sedition?
merely to go against the overthrow the

established government government.
A: When two or more persons come to an
not to overthrow it.
agreement to rise publicly and tumultuously to

attain any of the objects specified in Art. 139 and
Q: What is the difference between sedition and
they decide to commit it
treason?

A: Inciting to Sedition
Art. 142
SEDITION TREASON
Treason is a violation by
Sedition is the raising of a subject of his Q: What are the different acts of inciting to
commotions or allegiance to his sedition?
disturbances in the sovereign or the
State. supreme authority of A: They are:
the State 1. Inciting others to the accomplishment of
any of the acts which constitute sedition

by means of speeches, proclamations,
Q: What differentiates sedition from crime of
tumults and other disturbance of public order? writings, emblems, etc.
2. Uttering seditious words or speeches

which tend to disturb the public peace.
A:
3. Writing, publishing, or circulating
SEDITION TUMULTS AND OTHER
scurrilous libels against the Government
DISTURBANCE OF
or any of the duly constituted authorities
PUBLIC ORDER
thereof, which tend to disturb the public
Sedition involves There is no public
peace.
disturbance of public uprising.


Note: In inciting to sedition, the offender must not government are against the public peace, and are
take part in any public or tumultuous uprising. criminal not only because they tend to incite to a
breach of the peace but because they are
Q: When are uttering seditious words/speeches conducive to the destruction of the very
and writing, publishing or circulating scurrilous government itself. Such are regarded as seditious
libels punishable? libels (Espuelas v. People, G.R. No. L-2990, 1951).

A: Such are seditious when they: Q: What are the two rules relative to seditious
1. Tend to disturb or obstruct any lawful words?
officer in executing the functions of his
office A: They are:
2. Tend to instigate others to cabal and 1. Clear and present danger rule: words
meet together for unlawful purposes must be of such nature that by uttering
3. Suggest or incite rebellious conspiracies them there is a danger of public uprising
or riots and that such danger should be both clear
4. Lead or tend to stir up the whole people and imminent
against the lawful authorities or to disturb 2. Dangerous tendency rule: if words used
the peace of the community, the safety tend to create a danger of public uprising,
and order of the Government then those words could properly be
subject of penal clause
Note: Scurrilous means low, vulgar, mean or foul.
Note: It is the dangerous tendency rule that is
Q: The accused was heard to have shouted a generally adopted in the Philippines with respect to
number of times: "The Filipinos, like myself, must sedition cases. It is enough that the words used may
use bolos for cutting off Wood's head for having tend to create danger of public uprising.
recommended a bad thing for the Filipinos, for he
has killed our independence." What crime did the Q: What are some instances of inciting to sedition?
accused commit?
A: They are:
A: The accused uttered seditious words, a violation 1. Meeting for the purpose of discussing
of Article 142 of the RPC. While criticism, no matter hatred against the government
how severe, must be permitted, one that has for its 2. Lambasting government officials to
intent and effect is seditious must not be tolerated. discredit the government.
A statement is seditious when it is tended to stir up
the people against the lawful authorities, one that Note: If the objective of the abovementioned acts is to
will disturb the peace of the community and the overthrow the government, the crime would be
safety or order of the Government, instigate others inciting to rebellion.
to cabal or meet together for unlawful purposes, or
suggests and incites rebellious conspiracies. All its Acts Tending to Prevent the Meeting of the
various tendencies can be ascribed to the National Assembly and Similar Bodies
statement of the accused (People v. Perez, G.R. No. Art. 143
L-21049, 1923).
Q: After having his picture taken as one lifeless
Alberto Reveniera, hanging by the end of a rope A:
tied to a limb of a tree, accused Oscar Espuelas 1. That there be a projected or actual meeting of
sent a suicide note to several newspapers and the National Assembly (Congress of the
weeklies, which contain: If someone asks to you Philippines) or any of its committees or
why I committed suicide, tell them I did it because subcommittees, constitutional committees or
I was not pleased with the administration of divisions thereof, or any of the provincial
Roxas; the government is infested with many board or city or municipal council or board.
Hitlers and Mussolinis; teach our children to burn 2. Offender who may be any person prevents
pictures of Roxas. What crime did the accused such meeting by force or fraud.
commit?
Note: Under P.D. 1829, any person who disturbs the
A: The letter is a scurrilous libel against the proceedings in the fiscals office, in Tanodbayan, or in
Government. Writings which tend to overthrow or the courts may be held liable for violation of
undermine the security of the government or to Obstruction of Justice
weaken the confidence of the people in the
CRIMINAL LAW TEAM

Disturbance of Proceedings punishable under the Code by prision

Art. 144 mayor or higher.


A:
1. That there be a meeting of the National Q: Define session for purposes of this Article.
Assembly (Congress of the Philippines) or any
of its committees or subcommittees, A: The term session refers to the entire period of
constitutional commissions or committees or time from its initial convening until its final
divisions thereof, or of any provincial board or adjournment.
city or municipal council or board.
2. Offender does any of the following acts: Illegal Assemblies
a. Disturbs any of such meetings. Art. 146
b. Behaves while in the presence of any such
bodies in such a manner as to interrupt its Q: What are the forms of illegal assemblies and
proceedings or to impair the respect due their elements?
it.
A: They are:
Q: Suppose the meeting disturbed is one attended 1. Any meeting attended by armed persons
by municipal officials called by the mayor, is the for the purpose of committing any of the
offender liable under Article 144? crimes punishable under the Code.

A: No, because this article presupposes that the Elements:
meeting disturbed is that of a legislative body or of 1. There is a meeting, a gathering
provincial, city, or municipal council or board. Here, or group of persons, whether in
the offender may be liable of unjust vexation under a fixed placed or moving.
Art. 287 (People v. Calera, et.al, C.A. 45 O.G. 2576). 2. The meeting is attended by
armed persons.
Note: The same act may be made the basis for 3. The purpose of the meeting is
contempt since it is coercive in nature while the crime to commit any of the crimes
under this article is punitive. punishable under the Code.

Violation of Parliamentary Immunity 2. Any meeting in which the audience,
Art. 145 whether armed or not, is incited to the
commission of the crime of treason,
Q: What are the acts punishable under this crime? rebellion or insurrection, sedition or
direct assault
A: They are:
1. By using force, intimidation, threats, or Elements:
fraud to prevent any member of the 1. There is a meeting, a gathering
National Assembly (Congress of the or group of persons, whether in
Philippines) from: a fixed placed or moving;
a. attending the meetings of the 2. The audience, whether armed
Assembly or of any of its committees or not, is incited to the
or subcommittees, constitutional commission of the crime of
commissions or committees or treason, rebellion or
divisions thereof, or insurrection, sedition or direct
b. from expressing his opinions or assault.
c. casting his vote
Note: If the person present carries an unlicensed
Note: The offender in this case may be any firearm, the presumption, insofar as he is concerned, is
person that the purpose of the meeting is to commit acts
punishable under this Code, and that he is the leader
2. By arresting or searching any member or organizer of the meeting.
thereof while the National Assembly is in
regular or special session, except in case
such member has committed a crime


Q: Should persons merely present at the meeting not limited to good customs. It refers to acts that
have a common intent to commit the felony of are in accordance with natural and positive laws.
illegal assembly?
Q: Who are the persons liable for the crime of
A: Yes. Absence of such intent may exempt the illegal associations?
person present from criminal liability.
A: The persons liable are the following:
Q: If the presence of a person is out of curiosity, is 1. Founders, directors and president of the
he liable? association
2. Mere members of the association.
A: No, since he does not have intent to commit
felony of illegal assembly. Q: What are the distinctions between illegal
assembly and illegal association?
Q: What is the criminal liability of the person
inciting them? A:
ILLEGAL ASSEMBLY ILLEGAL ASSOCIATION
A: The person inciting is liable for the crime of The basis of liability is The basis is the
inciting to rebellion or sedition. the gathering for an formation of or
illegal purpose which organization of an
Q: What is the gravamen of illegal assembly? constitutes a crime association to engage in
under the RPC. an unlawful purpose
A: The gravamen of illegal assembly is mere which is not limited to a
assembly of or gathering of people for illegal violation of the RPC.
purpose punishable by the RPC. Without gathering, Necessary that there is Not necessary that there
there is no illegal assembly. an actual meeting or be an actual meeting.
assembly.
Q: Who are persons liable for illegal assembly? Meeting and the Act of forming or
attendance at such organizing and
A: They are: meeting are the acts membership in the
1. Organizers or leaders of the meeting
punished. association are the acts
2. Persons merely present at the meeting punished.

Q: Suppose the illegal purpose for the gathering is
for the commission of a crime punishable under
special laws, is illegal assembly committed?

A: No. If the unlawful purpose is a crime under a
special law, there is no illegal assembly. The crime
committed would be illegal association.

Illegal Associations
Art. 147

Q: What are illegal associations?

A: They are:
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.

Q: Define public morals under this article.

A: Public morals refer to matters which affect the
interest of society and public inconvenience and are
CRIMINAL LAW TEAM

ASSAULT UPON, AND RESISTANCE AND 1. Offender (a) makes an attack, (b) employs
DISOBEDIENCE TO, PERSONS IN AUTHORITY AND force, (c) makes a serious intimidation, or (d)
THEIR AGENTS makes a serious resistance.
2. Person assaulted is a person in authority or his
Direct Assaults agent.
Art. 148 3. That at the time of the assault the person in
authority or his agent (a) is engaged in the
Q: How is direct assault committed? performance of official duties, or that he is
assaulted (b) on occasion of such performance
A: There are two ways of committing the crime of 4. The offender knows that the one he is
direct assault: assaulting is a person in authority or his agent
1. Without public uprising, by employing in the exercise of his duties
force or intimidation for the attainment 5. There is no public uprising.
of any of the purposes enumerated in
defining the crimes of rebellion and Q: What does on occasion of the performance of
sedition. official duties mean?
2. Without public uprising, by attacking, by
employing force or by seriously A: It means that the assault was made because or
intimidating or by seriously resisting any by reason of the past performance of official duties
person in authority or any of his agents, even if at the very time of the assault no official
while engaged in the performance of duty was being discharged. (Justo v. Court of
official duties, or on the occasion of such Appeals, 99 Phil 453)
performance.
Note: In this form, there is a need to determine the
Q: What are the elements of the first form? reason why a person in authority or his agent was
attacked. If the attack was made by reason of the past

performance of official duties of the person in
A:
authority or his agent, the accused is liable for direct
1. Offender employs force or intimidation;
assault. If the attack was made by reason of revenge,
2. The aim of the offender is to attain any of the then the accused shall not be liable under this article,
purposes of the crime of rebellion or any of but for physical injuries.
the objects of the crime of sedition.
3. There is no public uprising. If the attack was done while the person in authority or
his agent is engaged in the actual performance of
Q: As the town president failed to pay their official functions, the crime is always direct assault.
salaries, the defendant, accompanied by four
armed men, went to the house of the former and Q: What are considered as not in actual
compelled him by force to leave it and go to the performance of official duties?
Presidencia. He kept him there confined until the
relatives of the town president had raised enough A:
money to pay what was due them as salaries. 1. When the person in authority or the agent of a
What crime did the accused commit? person in authority exceeds his powers or acts
without authority
A: The facts constitute the crime of direct assault. 2. Unnecessary use of force or violence
There is no public uprising when the accused, 3. Descended to matters which are private in
accompanied by armed men, compelled by force nature
the town president to go with them to proceed to
the municipal building and detained him there. By Q: What are the two kinds of direct assault of the
reason of detaining the town president, he inflicted second form?
upon a public officer an act of hate or revenge. This
is one of the objects of sedition, which is essentially A: They are:
what the accused intended to attain (U.S. vs. Dirain, 1. Simple assault, and
G.R. No. 1948, 1905). 2. Qualified assault

Q: What are the elements of the second form? Q: How is direct assault qualified?

A: A: Direct assault is qualified when
1. Assault is committed with a weapon; or


2. The offender is a public officer or and security of life and property, such as barrio
employee; or councilman, barrio policeman, barangay leader and
3. Offender lays hands upon a person in any person who comes to the aid of persons in
authority. authority.

Q: When the policemen effected the arrest of the In applying the provisions of Articles 148 and 151 of
accused, he approached them and hit one of them the Rev. Penal Code, teachers, professors and
in the breast with his hand or fist, at which instant persons charged with the supervision of public or
the policeman seized him by the wrist and duly recognized private schools, colleges and
resistance ceased. Is the accused guilty of direct universities, and lawyers in the actual performance
assault? of their professional duties or on the occasion of
such performance, shall be deemed persons in
A: No, as when the offended party is agent of authority. (2000 Bar Question)
person in authority, any force or aggression is not
sufficient constitute to an assault. To come within Q: Can the crime of direct assault be complexed
the purview of Article 148, the force used against with the material consequence of the unlawful
the agent of a person in authority must be of act?
serious character than that employed in this case.
Logic tells us that resistance is impossible without A: Yes, as a rule, where the spirit of the contempt
force. (U.S. vs. Tabiana, G.R. No. L-11847, 1918). or lawlessness is present, it is always complexed
with the material consequences of the unlawful act.
Q: When the news that his carabao, which earlier If the unlawful act was murder or homicide
destroyed a planted area belonging to another, committed under circumstance of lawlessness or
was seized and taken to the police station reached contempt of authority, the crime would be direct
the accused, he confronted and protested to the assault with murder or homicide, as the case may
municipal president, who was then inspecting the be.
quarantine of the animals. The president, upon
hearing his protest, promised to intervene in the Q: When is an offense not complexed with direct
matter and to see whether the carabao could be assault ?
withdrawn. Upon hearing this, the accused
insulted the president and gave him a slap on the A: When the material consequence is a light felony,
face. What crime did the accused commit? that is, slight physical injury because the said
injuries are considered as an incident or a necessary
A: The accused committed direct assault upon a consequence of the force or violence inherent in all
person in authority. When the offended party is a kinds of assault.
person in authority, it is not necessary to ascertain
what force the law requires in order to constitute Q: Because of the approaching town fiesta in San
an assault since the law itself defines concretely this Miguel, Bulacan, a dance was held in Barangay
force in providing that it consists in mere laying Carinias. A, the Barangay Captain, was invited to
hands upon the person. The degree of force deliver a speech to start the dance. While A was
employed by the offender against the person in delivering his speech, B, one of the guests, went to
authority is immaterial as the law simply mentions the middle of the dance floor making obscene
the laying hands sufficient (U.S. vs. Gumban, G.R. dance movements, brandishing a knife and
No. L-13658, 1918). challenging everyone present to a fight. A
approached B and admonished him to keep quiet
Q: Who are deemed to be persons in authority and and not to disturb the dance and peace of the
agents of persons in authority? occasion. B, instead of heeding the advice of A,
stabbed the latter at his back twice when A turned
A: Persons in authority are those directly vested his back to proceed to the microphone to continue
with jurisdiction, whether as an individual or as a his speech. A fell to the ground and died. At the
member of some court or government corporation, time of the incident A was not armed. What crime
board, or commission. Barrio captains and barangay was committed? Explain.
chairmen are also deemed persons in authority.
A: The complex crime of direct assault with murder
Agents of persons in authority are persons who by was committed. Since A was stabbed at the back
direct provision of law or by election or by when he was not in a position to defend himself nor
appointment by competent authority, are charged retaliate, there was treachery in the stabbing.
with maintenance of public order, the protection Hence, the death caused by such stabbing was
CRIMINAL LAW TEAM

murder. The Barangay Captain was in the act of

trying to pacify B who was making trouble in the A: They are:
dance hall when he was stabbed to death. He was 1. Refusing, without legal excuse, to obey
therefore killed while in the performance of his summons of the National Assembly, its
duties. In the case of People v. Hecto (135 SCRA special or standing committees and
113), the Supreme Court ruled that "as the subcommittees, the Constitutional
barangay captain, it was his duty to enforce the commissions and its committees,
laws and ordinances within the barangay. If in the subcommittees or divisions, or by any
enforcement thereof, he incurs, the enmity of his commission or committee chairman or
people who thereafter treacherously slew him, the member authorized to summon
crime committed is murder with assault upon a witnesses.
person in authority (People vs. Dollantes, G.R. No. 2. Refusing to be sworn or placed under
70639, 1987). (2000 Bar Question) affirmation while being before such
legislative or constitutional body or
Indirect Assaults official.
Art. 149 3. Refusing to answer any legal inquiry or to
produce any books, papers, documents,
Q: What are the elements of this crime? or records in his possession, when
required by them to do so in the exercise
A: of their functions.
1. A person in authority or his agent is the victim 4. Restraining another from attending as a
of any of the forms of direct assault defined in witness in such legislative or
Art. 148. constitutional body.
2. A person comes to the aid of such authority or 5. Inducing disobedience to a summons or
his agent. refusal to be sworn by any such body or
3. That the offender makes use of force or official.
intimidation upon such person coming to the
aid of the authority or his agent. Note: This Article does not apply when the papers or
documents may be used in evidence against the owner
thereof because it would be equivalent to compelling
Q: To whom is the assault directed in the crime of
him to be witness against himself. (Uy Khaytin v.
indirect assault?
Villareal, 42 Phil. 886) The law only penalizes refusal
without legal excuse.
A: The victim in the crime of indirect assault is not
the person in authority or his agent but the person Q: Who are the persons liable under Art. 150?
who comes to the aid of the agent of a person in
authority. A: They are:
1. Any person who commits any of the
Q: What brings about the crime of indirect assault? above acts
2. Any person who:
A: As Art. 149 now stands, the crime of indirect a. Restrains another from attending as
assault can only be committed if a private person a witness
comes to the aid of agent of a person in authority, b. Induces him to disobey a summons
on the occasion of direct assault against the latter c. Induces him to refuse to be sworn to
such body
Note: When any person comes to the aid of a person in

authority, he is constituted as an agent of the person
Note: Any of the acts enumerated may also constitute
in authority. (Article 152, as amended). If such person
contempt of Congress and could be punished as such
was the one attacked, by employing violence against
independent of the criminal prosecution.
him of serious nature or character, the crime would be

direct assault.
Resistance and Disobedience to a Person in
Authority or his Agents
Disobedience to Summons Issued by the National
Art. 151
Assembly or Constitutional Commissions
Art. 150
Q: What are the elements of resistance and

serious disobedience?
Q: What are the acts punished as disobedience to

the National Assembly (Congress) or Constitutional
A:
Commission?


1. A person in authority or his agent is engaged in A: No, as the defendants resistance is attributable
the performance of official duty or gives a to his belief that the policemen were actually
lawful order to the offender. bandits. In order to come within the purview of the
2. The offender resists or seriously disobeys such law, the offender must have knowledge that the
person in authority or his agent. person he is assaulting is an agent of or a person in
3. That the act of the offender is not included in authority. What the law contemplates is the
the provisions of Arts. 148, 149, and 150. punishment of persons for resistance of the
authorities who knew to be one. If the defendant
Q: What are the elements of simple obedience? believed that those who had entered his house
were, in fact, bandits, he was entirely justified in
A: calling his neighbors and making an attempt to
1. An agent of a person in authority is engaged in expel them from his premises (U.S. vs. Bautista,
the performance of official duty or gives a G.R. No. L-10678, 1915).
lawful order to the offender.
2. The offender disobeys such agent of a person Q: Distinguish resistance or serious disobedience
in authority. and direct assault.
3. Such disobedience is not of a serious nature.
RESISTANCE/ SERIOUS DIRECT ASSAULT
Q: After an unfavorable decision against the DISOBEDIENCE
defendant in an action filed against him by one Person in authority or his Person in authority or
Sabino Vayson in an action for recovery of land, agent must be in actual his agent must be
the deputy sheriff Cosmo Nonoy, by virtue of a performance of his engaged in the
writ, demanded from the defendant the delivery duties. performance of official
the possession of the said land to Vayson which duties or that he is
the former refuse to do so. By reason thereof, the assaulted by reason
provincial fiscal filed the Information against the thereof.
defendant for gross disobedience to authorities. Committed only by Committed by any of
Defendant filed a demurrer on the ground that the resisting or seriously the following:
facts do not constitute a crime, which the court disobeying a person in 1. Attacking.
sustained. Is the court correct in doing so? authority or his agent. 2. Employing force
3. Seriously
A: Yes, as the defendant did not disobey any order intimidating
of the justice of peace. The disobedience 4. Seriously resisting a
contemplated in Art. 151 consists in the failure or person in authority or
refusal of the offender to obey a direct order from his agent
the authority or his agent. Here, the order issued is The use of force is not so The attack or
a writ of execution, one that is addressed properly serious, as there is no employment of force
to a competent sheriff and not to the defendant. manifest intention to which give rise to the
Absolutely no order whatsoever is made to the defy the law and the crime of direct assault
latter; the writ or order in question in no wise officers enforcing it. must be serious and
refers to him. Hence, he could not commit the deliberate.
crime he was charged (U.S. v. Ramayrat, G.R. No. L-
6874, 1912). Q: What is the crime committed if the person who
was resisted is a person in authority and the
Q: Defendant appealed from the decision of the offender used force in such resistance?
lower court finding him guilty of assault upon
agents of authority when he resisted the arrest A: The use of any kind or degree of force will give
effected by them. The record shows that the rise to direct assault.
policeman entered the house of the defendant
without permission and attempted to arrest the Q: Suppose the offender did not use any force in
defendant without explaining to him the cause or resisting a person in authority, what crime is
nature of his presence there. Resisting the arrest, committed?
he called to his neighbours for help, there are
some bandits here and they are abusing me." A: The crime committed is resistance or serious
Based on the foregoing, is the defendant guilty of disobedience.
the crime of assault upon agents of authority?
Persons in Authority and Agents of Person in
Authority
CRIMINAL LAW TEAM

Art. 152
Note: The crime is qualified if disturbance or
Q: Who is a person in authority? interruption is of a tumultuous character.

A: Persons in authority are those directly vested 3. Making any outcry tending to incite
with jurisdiction, whether as an individual or as a rebellion or sedition in any meeting,
member of some court or government corporation, association or public place;
board, or commission. Barrio captains and barangay 4. Displaying placards or emblems which
chairmen are also deemed persons in authority. provoke a disturbance of public disorder
in such place;
Q: Enumerate the examples of persons in 5. Burying with pomp the body of a person
authority. who has been legally executed.

Note: Burying with pomp the body of a
A: The following are persons in authority:
person contemplates an ostentatious
1. Mayors
display of a burial as if the person legally
2. Division superintendent of school
executed is a hero.
3. Public and private school teachers
4. Provincial Fiscal Q: What is the essence of tumults and other
5. Judges disturbances?
6. Lawyers in actual performance of duties
7. Sangguniang Bayan member A: The essence of this crime is creating public
8. Barangay Chairman disorder. This crime is brought about by creating
9. Members of the Lupong Tagapamayapa serious disturbances in public places, public
buildings, and even in private places where public
Note: Items 7, 8, and 9 of the enumeration are added
functions or performances are being held.
by the LGC which expressly provides that said persons

shall be deemed as person(s) in authority in their
jurisdictions. (Sec. 388)
Q: When is the disturbance deemed tumultuous?

Q: Who is an agent of a person in authority (APA)? A: When it is caused by more than three persons
who are armed or provided with means of violence.
A: Any person who by direct provision of law or by
election or by appointment by competent authority Q: What does outcry mean?
is charged with the:
1. Maintenance of public order; and A: Outcry means to shout subversive or provocative
2. Protection and security of life and words tending to stir up the people to obtain by
property. means of force or violence any of the objects of
rebellion or sedition.
Note: Agents of persons in authority includes:
1. Barangay Kagawad Q: What is the difference between making any
2. Barangay Tanod outcry tending to incite sedition or rebellion (par.
3. Barangay Councilman 3 of Art. 153) and inciting to rebellion or sedition?
4. Any person who comes to the aid of persons
in authority. MAKING ANY OUTCRY INCITING TO SEDITION
TENDING TO INCITE OR REBELLION
Tumults and Other Disturbances of Public Disorder SEDITION OR
Art. 153 REBELLION
The meeting at the The meeting from the
Q: What are tumults and other disturbances of outset was legal, and beginning was unlawful.
public order? became a public
disorder only because of
A: They are: such outcry.
1. Causing any serious disturbance in a The outbursts which by The words uttered are
public place, office, or establishment; nature may tend to deliberately calculated
2. Interrupting or disturbing performances, incite rebellion or with malice,
functions or gatherings, or peaceful sedition are aforethought to incite
meetings, if the act is not included in Arts. spontaneous. others to rebellion or
131 and 132; sedition.



Q: Defendant Ladislao Bacolod fired a submachine do not bear the real printers name, or
gun during the town fiesta which wounded one which are classified as anonymous.
Consorcia Pasinio. The Information was filed
charging him of the crime of serious physical Note: R.A. 248 prohibits the reprinting reproduction,
injuries thru reckless imprudence with the CFI of republication of government publications and official
Cebu to which the defendant pleaded guilty. On documents without previous authority.
the same date, he was arraigned in another case
for having caused a public disturbance upon the Q: Is damage to the State necessary for the charge
same facts which constitute the same basis of the to prosper?
indictment for serious physical injuries. Counsel
for defendant moved to quash the second A: No, mere possibility to cause danger or damage
Information invoking double jeopardy, which the is sufficient.
trial court granted. Did the trial court err?
Alarms and Scandals
A: Yes, as there can be separate crimes of physical Art. 155
injuries thru reckless imprudence and tumultuous
disturbance caused by the single act of firing a Q: What are the acts punished as alarms and
submachine gun. The protection against double scandals?
jeopardy is only for the same offense. While both
Informations have one common element, i.e. A: They are:
defendant having fired a submachine gun, the two 1. Discharging any firearm, rocket,
do not describe the same offense: one charged him firecracker, or other explosive within any
with physical injuries inflicted thru reckless town or public place, calculated to cause
imprudence punished under Art. 263 of the Revised (which produces) alarm or danger.
Penal Code and the second accuses him of having
deliberately fired the machine gun to cause a Note: The discharge may be in ones home
disturbance in the festivity or gathering, thereby since the law does not distinguish as to
producing panic among the people present therein, where in town. The discharge of firearms
referring to Art. 153. Conviction for the first does and rockets during town fiestas and festivals
not bar trial for the second (People v. Bacolod, G.R. are not covered by the law.
No. L-2578, 1951).
3. Instigating or taking an active part in any
Unlawful Use of Means of Publication and charivari or other disorderly meeting
Unlawful Utterances offensive to another or prejudicial to
Art. 154 public tranquility.

Note: The term charivari includes a
Q: What are acts punished as unlawful use of
medley of discordant voices, a mock of
means of publication and unlawful utterances?
serenade of discordant noises made on
kettles, tins, horns, etc., designed to annoy
A: They are: and insult (Reyes, 2008).
1. Publishing or causing to be published, by
means of printing, lithography or any 3. Disturbing the public peace while
other means of publication, as news any wandering about at night or while
false news which may endanger the engaged in any other nocturnal
public order, or cause damage to the amusements.
interest or credit of the State. 4. Causing any disturbance or scandal in
2. Encouraging disobedience to the law or to public places while intoxicated or
the constituted authorities or by praising, otherwise, provided Art. 153 is not
justifying or extolling any act punished by applicable.
law, by the same means or by words,
utterances or speeches.
3. Maliciously publishing or causing to be Q: What is the essence of the crime of alarms and
published any official resolution or scandals?
document without proper authority, or
before they have been published A: The essence of the crime is disturbance of public
officially. tranquility and public peace.
4. Printing, publishing or distributing books,
pamphlets, periodicals, or leaflets which
CRIMINAL LAW TEAM

Q: If a firearm is discharged, what are the crimes firearm calculated to cause alarm or danger to the
that may possibly arise? public, while the gravamen of the latter is the
discharge of a firearm against or at a certain
A: They are: person, without intent to kill (People v. Doriquez,
1. Alarms and scandals if the offender G.R. Nos. L-24444-45, 1968).
discharges a firearm in a public place but
the firearm is not pointed to a particular Delivering Prisoners from Jail
person when discharged. Art. 156
2. Illegal discharge of firearm if the firearm
was directed to a particular person who Q: What are the elements of this crime?
was not hit if intent to kill is not proved.
3. Attempted homicide or murder if the A:
person was hit and there is intent to kill. 1. There is a person confined in a jail or penal
4. Physical injuries if the person was hit and establishment.
injured but there was no intent to kill. 2. That the offender removes therefrom such
5. Grave coercion if the threat was directed, person, or helps the escape of such person.
immediate and serious and the person is
compelled or prevented to do something Note: Article 156 applies even if prisoner in hospital or
against his will. asylum as it is considered as an extension of the penal
institution (Reyes, citing Albert, p. 158).
Q: What offenses are possibly committed by
creating noise and annoyance? Q: How is this crime committed?

A: They are: A: Delivering prisoners from jail may be committed
1. Alarms and scandals if the disturbance in two ways:
affects the public in general (i.e. by 1. By removing a person confined in any jail
playing noisily during the wee hours in or penal establishment to take away a
the morning in the neighborhood). person from the place of his confinement,
2. Unjust vexation if the noise is directed to with or without the active compensation
a particular person or a family. of the person released.
2. By helping such a person to escape to
Q: Defendant was indicted before the CFI of Iloilo furnish that person with the material
for discharging a firearm at one Sixto Demaisip. He means such as a file, ladder, rope, etc.
then moved to dismiss the Information as he which greatly facilitate his escape (Alberto
claims the filing of Information for discharging of vs. Dela Cruz, G.R. No. L-31839, 1980).
firearm has placed him in peril of double jeopardy
as he had previously been charged with the Q: Does the person confined needs to be a
offense of alarm and scandal in a complaint filed in prisoner by final judgment?
the municipal court of Batad, Iloilo, upon the same
facts which constitute the basis of the indictment A: No. The person confined may also be a mere
for discharge of firearm. Is the defendant correct? detention prisoner.

A: No, becase for double jeopardy to attach there Q: Who may be the offender/s?
must be identity of offenses. It is evident that the
offense of discharge of firearm is not the crime of A:
alarm and scandal. Neither may it be asserted that 1. Usually, an outsider to the jail
every crime of discharge of firearm produces the 2. It may also be:
offense of alarm and scandal. Although the a. An employee of the penal establishment
indictment for alarm and scandal filed under article who does not have the custody of the
155(1) of the Revised Penal Code and the prisoner
information for discharge of firearm instituted b. A prisoner who helps the escape of
under article 258 of the same Code are closely another prisoner.
related in fact, they are definitely diverse in law.
Firstly, the two indictments do not describe the Q: What must the means employed by the
same felony - alarm and scandal is an offense offender be for him to be liable under this
against public order while discharge of firearm is a provision?
crime against persons. Secondly, the indispensable
element of the former crime is the discharge of a


A: The offender may use violence, intimidation or A: He is liable for the crime of evasion of service
bribery, in which case the penalty shall be higher. under Art. 157.
He may also use other means to remove the
prisoner from jail or help in the escape of such Evasion by Escaping During Term of Sentence
prisoner. Art. 157

Q: What does the qualifying circumstance of Q: What are the elements of this crime?
bribery under this Article contemplate?
A:
A: It refers to the offenders act of employing 1. Offender is a convict by final judgement.
bribery as a means of removing or delivering the 2. He is serving his sentence which consists in
prisoner from jail, and not the offenders act of deprivation of liberty.
receiving or agreeing to receive a bribe as a 3. He evades the service of his sentence by
consideration for committing the offense. escaping during the term of his sentence.

Q: What is the mitigating circumstance? Q: Define final judgement as used in this Article.

A: If it takes place outside the penal establishment A: The term final judgement employed in the
by taking the guards by surprise. Revised Penal Code means judgement beyond
recall. As long as a judgement has not become
Q: A, a detention prisoner, was taken to a hospital executory, it cannot be truthfully said that
for emergency medical treatment. His followers, defendant is definitely guilty of the felony charged
all of whom were armed, went to the hospital to against him (People v. Bayotas, G.R. No. 152007,
take him away or help him escape. The prison 1994). Further, Section 7 of Rule 16 of the Rules of
guards, seeing that they were outnumbered and Court likewise states that a judgement in a criminal
that resistance would endanger the lives of other case becomes final after the lapse of the period for
patients, deckled to allow the prisoner to be taken perfecting an appeal or when the sentence has
by his followers. What crime, if any, was been partially or totally satisfied or served, or the
committed by A's followers? Why? defendant has expressly waived in writing his right
to appeal (Reyes, 2008 ed., p. 839).
A: They are liable for delivering prisoner from jail
under Article 156 of the Revised Penal Code. The Q: Suppose the one who escaped is only a
crime is not only committed by removing the detention prisoner, what is his liability?
prisoner from an establishment that the prisoner is
confined in but also by helping said person to A: He does not incur liability from escaping.
escape by other means, such as by allowing the However, if such prisoner knows of the plot to
prisoner to be taken by those unauthorized to do remove him from jail and cooperates therein by
so, such as in the case at bar. (2002 Bar Question) escaping, he himself becomes liable for delivering
prisoners from jail as a principal by indispensable
Q: What is the difference between delivering the cooperation.
prisoners in jail and infidelity in the custody of
prisoners? Q: On appeal, defendant-appellant questions the
judgement rendered by the CFI of Manila finding
A: him guilty of evasion of service of sentence under
Delivering Prisoners from Infidelity in the Art. 157. Defendant maintains that Art. 157 apply
Jail Custody of Prisoners only in cases of imprisonment and not when the
The offender is not the sentence imposed upon was destierro, as in his
The offender is the
custodian of the prisoner case. Is the defendant correct?
custodian at the time
at the time of the
of the escape/removal
escape/removal A: No, the defendant is not correct. Art. 157 must
be understood to include not only deprivation of
Note: In both, the offender may be a public officer or a liberty by imprisonment but also by sentence of
private citizen. In both crimes, the person involved destierro. In the case of People vs. Samonte (57
may be a convict or a mere detention prisoner. Phil. 968), the Supreme Court held that "a person
under sentence of destierro is suffering deprivation
Q: What is the liability of the convicted prisoner of his liberty. And a person sentenced to suffer
who escaped? such penalty evades his service of sentence when
he enters the prohibited area specified in the
CRIMINAL LAW TEAM

judgement of conviction (People v. Abilong, G.R. No. destierro during which he was not to enter the
L-1960, 1948). city. While serving sentence, Manny went to
Dagupan City to visit his mother. Later, he was
Q: Define escape for purposes of applying Art. arrested in Manila. Where should Manny be
157. prosecuted?

A: "Escape" in legal parlance and for purposes of A: Manny may be prosecuted in Manila or Dagupan
Article 157 of the RPC means unlawful departure of City. In the case of Parulan vs. Director of Prisons (L-
prisoner from the limits of his custody. Clearly, one 28519, 1968), the Court held that the crime of
who has not been committed and never brought to evasion of sentence under Article 157 of the
prison cannot be said to have escaped therefrom Revised Penal Code is a continuing crime. Hence,
(Del Castillo v. Torrecampo, G.R. No. 139033, 2002). the accused may be prosecuted by the court of
either province where any of the essential
Q: Petitioner Adelaida Tanega failed to appear on ingredients of the crime took place has. (1998 Bar
the day of the execution of her sentence. On the Question)
same day, respondent judge issued a warrant for
her arrest. She was never arrested. More than a Evasion on the Occasion of Disorders
year later, petitioner through counsel moved to Art. 158
quash the warrant of arrest, on the ground that
the penalty had prescribed. Petitioner claimed Q: What are the elements of this crime?
that she was convicted for a light offense and since
light offenses prescribe in one year, her penalty A:
had already prescribed. Is the motion meritorious? 1. Offender is a convict by final judgment who is
confined in a penal institution.
A: No, the penalty has not prescribed as she did not 2. There is disorder, which results from:
evade her service of sentence. For purpose of a. Conflagration
prescription of penalties, Art. 93 of the Revised b. Earthquake
Penal Code, which provides that the prescription of c. Explosion
penalties shall commence to run from the date d. Other similar catastrophe, or
when the culprit should evade the service of his e. Mutiny in which he has not participated.
sentence, must be understood in the light of Art. 3. Offender evades the service of his sentence by
157, as the concept of evasion of sentence is readily leaving the penal institution where he is
provided for in this Article. To come within the confined on the occasion of such disorder or
application of Art. 157, the culprit must evade ones during the mutiny.
service of sentence by escaping during the term of 4. Offender fails to give himself up to the
his sentence. This must be so for by the express authorities within forty-eight (48) hours
terms of the statute, a convict evades "service of his following the issuance of a proclamation by
sentence" by "escaping during the term of his the Chief Executive announcing the passing
imprisonment by reason of final judgment." Indeed, away of such calamity.
evasion of sentence is but another expression of
the term "jail breaking (Tanega v. Masakayan, G.R. Q: What is the basis of liability under Art. 158?
No. 141718, 2005).
A: Liability is based on the failure to return within
Q: What circumstances will qualify this offense? 48 hours after the passing of the calamity,
conflagration or mutiny had been announced and
A: If such evasion takes place by: not the leaving from the penal establishment.
1. Means of unlawful entry (must be read as
scaling/ climbing walls); Q: What does mutiny in this Article refer to?
2. Breaking doors, windows, gates, walls,
roofs or floors; A: The mutiny referred here involves subordinate
3. Using picklocks, false keys, disguise, personnel rising against the supervisor within the
deceit, violence or intimidation; or penal establishment. It is one of the causes which
4. Conniving with other convicts or may authorize a convict serving sentence in the
employees of the penal institution. penitentiary to leave the jail provided he has not
taken part in the mutiny. If one partakes in mutiny,
Q: Manny killed his wife under exceptional he will be liable for the offenses which he
circumstances and was sentenced by the Regional committed during the mutiny whether or not he
Trial Court of Dagupan City to suffer the penalty of returns. (People v. Padilla, G. R. No. 121917, 1997)


to grant to convicted persons reprieves or

Note: The penalty of commission of this felony is an pardons, either plenary or partial, conditional, or
increase by 1/5 of the time remaining to be served unconditional; to suspend sentences without
under the original sentence, in no case to exceed 6 pardon, remit fines, and order the discharge of any
months. convicted person upon parole, subject to such
conditions as he may impose; and to authorize the
The special allowance for loyalty (E.g. deduction of arrest and reincarceration of any such person who,
sentence) authorized by Art. 98 and 158 (2nd par.) in his judgment, shall fail to comply with the
refers to those convicts, who having evaded the
condition, or conditions of his pardon, parole, or
service of their sentences by leaving the penal
suspension of sentence.
institution, give themselves up within 48 hours. They
will be entitled to a deduction of 1/5 of their

respective sentences. Q: While serving his sentence for the crime of
abduction after being found guilty thereof by the
CFI of Cavite, defendant-appellant was pardoned
Evasion by Violation of Conditional Pardon
on February 1923. Subsequently, he was tried for
Art. 159
the crime of attempted robbery in band with
physical injuries and also charged with a violation
Q: What are the elements of this crime? of the condition of his pardon with the CFI of Rizal.
On appeal, defendant claims that it is the CFI of
A: Cavite that has jurisdiction over the case. Is the
1. Offender was a convict. defendant correct?
2. That he was granted a conditional pardon by
the Chief Executive. A: No, because it is the court wherein the crime
3. He violated any of the conditions of such committed, subsequent to the pardon has
pardon. jurisdiction to determine whether the defendant
has violated the conditions of the pardon. The
Q: Is a pardon granted before a judgment becomes proceeding under Article 159 of the Revised Penal
final valid? Code is not a continuation or a part of the
proceeding of the crime previous to do the grant of
A: No. As mandated by Section 19, Article VII of the
pardon. It is a new proceeding, complete in itself
1987 Constitution, no pardon may be extended and independent of the latter. It refers to other
before a judgment of conviction becomes final. A subsequent facts which the law punishes as a
judgment of conviction becomes final (a) when no distinct crime the penalty for which is not
appeal is seasonably perfected, (b) when the necessarily that remitted by the pardon (People v.
accused commences to serve the sentence, (c) Martin, G.R. No. L-46432, 1939).
when the right to appeal is expressly waived in
writing, except where the death penalty was Note: The condition imposed upon the prisoner that
imposed by the trial court, and (d) when the he should not commit another crime, extends to
accused applies for probation, thereby waiving his offenses punished by special laws, like illegal voting
right to appeal. Where the judgment of conviction under the Election Law (Reyes, citing People v. Corral,
is still pending appeal and has not yet therefore 74 Phil. 357).
attained finality, executive clemency may not yet be
granted by the President (People vs. Salle, Jr. G.R. Q: After serving 2 years, 5 months and 22 days of
No. 103567 December 4, 1995). the total duration of his sentence of prision mayor,
a conditional pardon was granted to the appellant
Q: What is the basis of the power of the President remitting 3 years, 7 months, and 8 days.
to grant pardon? Subsequently, appellant was found guilty of the
crime of estafa. By reason thereof, he was
A: The pardoning power of the President is prosecuted under Art. 159 to which he pled guilty.
provided for in Article VII as follows: Except in The court then ordered his recommitment for the
cases of impeachment, or as otherwise provided in term remitted by the pardon. The accused
this Constitution, the President may grant appealed from this judgment. Is the appeal
reprieves, commutations, and pardons, and remit meritorious?
fines and forfeitures, after conviction by final
judgement (Sec. 19, Art. VII of the 1987 A: Yes. By express provision of Art. 159 of the
Constitution). Revised Penal Code, the prescribed penalty is
prision correccional in its minimum period. The
As provided further in Sec. 64[i] of the Revised second part of said Article, which provides that the
Administrative Code, the President has the power convict shall suffer the unexpired portion of his
CRIMINAL LAW TEAM

original sentence should the penalty or term the crime of murder, meting him the penalty of
remitted be higher than six years, is clearly death. On appeal to the Supreme Court, appellant
inapplicable in this case as the term remitted by the contend that the CFI erred in applying Article 160
pardon is 3 years, 7 months, and 8 days (People vs. of the RPC as it is applicable only when the new
Sanares, G.R. No. L-43499, 1936). crime which is committed by a person already
serving sentence is different from the crime for
Q: Distinguish violation of conditional pardon from which he is serving sentence. Is the defendant
evasion of service of sentence. correct?

A: A: No. The new offense need not be different or be
VIOLATION OF EVASION OF SERVICE of different character from that of the former
CONDITIONAL PARDON OF SENTENCE offense. The deduction of the appellant from the
It is not a public offense It is a public offense headnote of Article 160 of the word another is
for it does not cause separate and not called for. The language is plain and ambiguous.
harm or injury to the independent from any There is not the slightest intimation in the text of
right of another person other act. article 160 that said article applies only in cases
nor does it disturb public where the new offense is different in character
order. from the former offense for which the defendant is
serving the penalty. Hence, even if he is serving
Quasi-Recidivism sentence for homicide and was later found to be
Art. 160 guilty of murder, Article 160 applies (People v.
Yabut, G.R. No. 39085, 1933).

Q: What are the elements of this Article
Decree Codifying the Laws on Illegal / Unlawful
A: Possession, Manufacture, Dealing in, Acquisition
1. Offender was already convicted by final or Disposition, of Firearms, Ammunition or
judgement of one offense. Explosives (P.D. 1866, as amended by R.A. 8294) as
2. That he committed a new felony before an element of the crimes of Rebellion,
beginning to serve such sentence or while Insurrection, Sedition, or Attempted Coup dEtat
serving the same.
Note: If the unlawful manufacture, sale, acquisition,
Q: The CFI of Rizal found the defendants guilty of disposition or possession of firearms or ammunition or
the crime of murder and imposed upon them the instruments used or intended to be used in the
penalty of death by reason of the existence of manufacture of firearms or ammunition is in
furtherance of or incident to, or in connection with the
special aggravating circumstance of quasi-
crime of rebellion or insurrection, sedition, or
recidivism. On automatic review by the Supreme
attempted coup d'etat, such violation shall be
Court, the counsel of the defendants contends that
absorbed as an element of the crime of rebellion, or
the allegation of quasi-recidivism in the insurrection, sedition, or attempted coup d'etat. (Sec.
Information is ambiguous, as it fails to state 1, RA 8294)
whether the offenses for which the defendants
were serving sentence at the time of the Q: Should illegal possession was committed and at
commission of the crime charged were penalized the same time alarm and scandal with imposable
by the RPC, or by a special law. Is the argument of penalty of arresto menor, was likewise committed
the counsel correct? simultaneously, can there be a separate crime of
illegal possession of firearms?
A: No, it makes no difference, for purposes of the
effect quasi-recidivism, under Article 160 of the A: No. If lesser offenses were committed with the
Revised Penal Code, whether the crime for which use of unlicensed Firearm, the offender will no
an accused is serving sentence at the time of the longer be held liable for Illegal Possession of
commission of the offense charged, falls under said Firearm (People v. Walpan M. Ladjaalam, G.R. Nos.
Code or under a special law (People vs. Peralta, et. 136149-51. September 19, 2000).
al., G.R. No. L-15959, 1961). It is only the
subsequent crime committed which is required to Illegal possession of firearms can be prosecuted
be a felony under the Revised Penal Code only if there is no other crime committed. If the
unlicensed firearm was used to commit an offense,
Q: Defendant-appellant, while serving sentence then the accused can only be charged with the
for the crime of homicide, killed one Sabas Aseo, crime committed because the illegal possession of
for which the CFI of Manila found him guilty with firearm is absorbed in the crime committed.


3. That he used counterfeit seal or forged

CRIMES AGAINST PUBLIC INTEREST signature or stamp.

FORGERIES Note: In using forged signature or stamp of the
President, or forged seal, the participation of the
offender is in effect that of an accessory, and although
Q: What are the crimes called forgeries?
the general rule is that he should be punished by a

penalty of two degrees lower, under this article he is
A: They are: punished by a penalty only one degree lower.
1. Forging the seal of the Government,
signature or stamp of the Chief Executive
COUNTERFEITING COINS
(Art. 162)
2. Counterfeiting coins (Art 163)
Making, Importing and Uttering False Coins
3. Mutilation of coins (Art. 164)
Art. 163
4. Forging treasury or bank notes or other
documents payable to bearer (Art. 166)
5. Counterfeiting instruments not payable to Q: What are the elements?
bearer (Art. 167)
6. Falsification of legislative documents (Art. A:
170) 1. That there be false or counterfeited coins.
7. Falsification by public officer, employee or 2. That the offender either made, imported or
notary ecclesiastical minister (Art. 171) uttered such coins.
8. Falsification by private individuals (Art. 3. That in case of uttering such false or
172) counterfeited coins, he connived with the
9. Falsification of wireless, cable, telegraph counterfeiters or importers.
and telephone messages (Art. 173)
10. Falsification of medical certificates, Q: What is a coin?
certificates of merit or service (Art. 174)
A: Coin is a piece of metal stamped with certain
marks and made current at a certain value.
Counterfeiting the Great Seal of the

Government of the Philippine Islands, Forging
Q: What are the acts of falsification or falsity?
the Signature or Stamp of the Chief Executive

11. Art. 161
A:
1. Counterfeiting refers to money or currency;
2. Forgery refers to instruments of credit and
Q: What are the punishable acts? obligations and securities issued by the
Philippine government or any banking
A: institution authorized by the Philippine
1. Forging the Great Seal of the Government of government to issue the same;
the Philippines. 3. Falsification can only be committed in
2. Forging the signature of the President. respect of documents.
3. Forging the stamp of the President.
Q: What is counterfeiting?
Using Forged Signature, Seal or Stamp
Art. 162 A: Counterfeiting means the imitation of a legal or
genuine coin such as to deceive an ordinary person
Q: What are the elements? in believing it to be genuine.

A: A coin is false or counterfeited if it is forged or if it is
1. That the Great Seal of the Republic was not authorized by the Government as legal tender,
counterfeited or the signature or stamp of the regardless of its intrinsic value.
Chief Executive was forged by another person.
2. That the offender knew of the counterfeiting Q: What is the criterion used in determining
or forgery. whether a coin is a counterfeit or not?

Note: The offender is not the forger or the cause A: The criterion is that the imitation must be such
of the counterfeiting. as to deceive an ordinary person in believing it to
be genuine. Consequently, if the imitation is so
CRIMINAL LAW TEAM

imperfect that no one was deceived, the felony A:

cannot be consummated. 1. Coin mutilated is of legal tender;
2. Offender gains from the precious metal dust
Note: Former coins which have been withdrawn from abstracted from the coin; and
circulation can be counterfeited. This article mentions 3. It has to be a coin.
coin without any qualifying words such as current.
Q: What is the distinction between Counterfeiting
Q: What are the kinds of coins the counterfeiting of coins and Mutilating coins?
of which is punished?
A:
A:
1. Silver coin of the Philippines or coins of the Counterfeiting coins Mutilating coins
Central Bank of the Philippines. 1. May be of 1. Must be legal
2. Coins of the minor coinage of the Philippines legal tender tender.
or of the Central Bank of the Philippines. or old coin. 2. Act of
3. Coins of the currency of a foreign country. 2. Act of scratching the
imitating. metal content.
Q: A person gave a copper cent the appearance of
a silver piece, it being silver plated, and attempted Q: Can there be mutilation of paper bills under this
to pay with it a package of cigarettes which he article?
bought at a store. What crime, if any, was
committed? A: No, but in PD No. 247 which punishes the act of
destruction of money issued by Central Bank of the
A: Such person is not liable for counterfeiting of Philippines, mutilation is not limited to coins.
coin, but for estafa under Art. 318. (Reyes, 2008)
Q: What are the acts punishable under PD No.
Q: What is the meaning of utter? 247?

A: Utter means to pass counterfeited coins, deliver A:
or give away. 1. Willful defacement
2. Mutilation
Q: What is the meaning of Import? 3. Tearing
4. Burning
A: Import means to bring them to port. 5. Destruction of Centra Bank Notes and coins

Mutilation of Coins Importation and Utterance of Selling of False or Mutilated Coin, Without
Mutilated Coins Connivance
Art. 164 Art. 165

Q: What are the punishable acts? Q: What are the punishable acts?

A: A:
1. Mutilating coins of the legal currency, with the 1. Possession of coin, counterfeited or mutilated
further requirement that there be intent to by another person, with intent to utter the
damage or to defraud another. same, knowing that it is false or mutilated.
2. Importing or uttering such mutilated coins,
with the further requirement that there must Elements:
be connivance with the mutilator or importer a. Possession (includes constructive
in case of uttering. possession)
b. With intent to utter, and
Q: What is the meaning of Mutilation? c. Knowledge

A: Mutilation means to take off part of the metal Note: Possession of or uttering false coin does
either by filling it or substituting it for another not require that the counterfeiting coin is legal tender.
metal of inferior quality.
2. Actually uttering such false or mutilated coin,
Q: What are the requisites of Mutilation? knowing the same to be false or mutilated.



Elements: A: It means offering obligations or notes knowing

a. Actually uttering a false or mutilated them to be false or forged, whether such offer is
coin, and accepted or not, with a representation, by words or
b. Knowledge that such coin is false or actions, that they are genuine and with an intent to
mutilated defraud.

Q: A Chinese merchant was paid by a purchaser of Q: What are the notes and other obligations and
goods in the formers store with a false 50-centavo securities that may be forged or falsified?
coin. He placed it in his drawer. During a search by
some constabulary officers, the false coin was A:
found in the drawer. May the Chinaman be 1. Treasury or bank notes,
convicted of illegal possession of false coin? 2. Certificates, and
3. Other obligations and securities, payable to
A: No, because Art. 165 requires three things as bearer.
regards possession of false coins, namely: (1)
possession; (2) intent to utter; and (3) knowledge Q: What are the kinds of treasury or bank notes or
that the coin is false. The fact that the Chinaman other documents that may be forged?
received it in payment of his good and place it in his
drawer shows that he did not know that such coin A:
was false. (People vs. Go Po, G.R. No. 42697, August 1. Obligation or security issued by the
1985) Government of the Philippines
2. Circulating note issued by any banking
Forging Treasury or Bank Notes or Other institution duly authorized by law to issue the
Documents Payable to Bearer; Importing, and same
Uttering Such False or Forged Notes and 3. Document issued by a foreign government
Documents; Importing, and Uttering Such False or 4. Circulating note or bill issued by a foreign bank
Forged Notes and Documents duly authorized to issue the same
Art. 166
Note: The falsification of PNB checks is not forgery
Q: What are the acts punished? under Art. 166, but falsification of commercial
document under Art.172 in connection with Art.171.

A:
Q: What is the difference between forgery and
1. Forging or falsification of treasury or bank
falsification?
notes or other documents payable to bearer.

2. Importation of such false or forged obligations
A:
or notes.
3. Uttering of such false or forged obligations or Forgery Falsification
notes in connivance with the forgers or Committed by giving to Committed by erasing,
importers. a treasury or bank note substituting,
or any instrument counterfeiting, or
Q: How is forging committed? payable to the bearer altering by any means,
or to order the the figures, letters,
A: Forging is committed by giving to a treasury or appearance of true and words, or signs
bank note or any instrument payable to bearer or genuine document. contained therein.
to order the appearance of a true and genuine
document. Counterfeiting, Importing and Uttering
Instruments Not Payable to Bearer
Q: What is the meaning of importation of false or Art. 167
forged obligations or notes?
Q: What are the elements?
A: Importation of false or forged obligation or notes
means to bring them into the Philippines, which A:
presupposes that the obligation or notes are forged 1. That there be an instrument payable to order
or falsified in a foreign country. or other document of credit not payable to
bearer.
Q: What is the meaning of uttering false or forged 2. That the offender either forged, imported or
obligations or notes? uttered such instrument.

CRIMINAL LAW TEAM

3. That in case of uttering, he connived with the which is the illegal possession and use of false
forger or importer. treasury or bank notes and other instruments of
credit?
Q: What are the acts of forgery punished under

Art. 167? A: No. As held in People v. Digoro, possession of
false treasury or bank notes alone, without
A: anything more, is not a criminal offense. For it to
1. Forging instruments payable to order or constitute an offense under Article 168 of the RPC,
documents of credit not payable to bearer the possession must be with intent to use said false
2. Importing such false instruments treasury or bank notes. (Martinez and Dino v.
3. Uttering such false instruments in connivance People, ibid.)
with the forger or the importer
Note: But a person in possession of falsified document
Note: Connivance is not required in uttering if the and who makes use of the same is presumed to be the
utterer is the forger. material author of falsification.

Q: Does this article cover instruments or other How Forgery is Committed
documents of credit issued by a foreign Art. 169
government or bank?
Q: How is forgery committed?
A: Yes because the act punished includes that of
importing, without specifying the country or A:
government issuing them. 1. By giving to a treasury or bank note or any
instrument payable to bearer or to order
Q: What is the reason for punishing forgery? mentioned therein, the appearance of a true
and genuine document.
A: Forgery of currency is punished so as to maintain 2. By erasing, substituting, counterfeiting, or
the integrity of the currency and thus insure the altering by any means the figures, letters,
credit standing of the government and prevent the words, or sign contained therein.
imposition on the public and the government of
worthless notes or obligations. Q: What is the essence of forgery?

Illegal Possession and Use of False Treasury or A: The essence of forgery is giving a document the
Bank Notes and Other Instruments of Credit appearance of a true and genuine document.
Art. 168
Q: A received a treasury warrant, a check issued by
Q: What are the elements of Illegal Possession and the Government. It was originally made payable to
use of false treasury or bank notes and other B, or his order. A wrote Bs name on the back of
instruments of credit? said treasury warrant as if B had indorsed it, and
then presented it for payment. It was paid to
A: The elements of the crime charged for violation A. Was there forgery?
of said law are:
1. That any treasury or bank note or A: Yes, because when A wrote Bs name on the back
certificate or other obligation and security of the treasury warrant which was originally made
payable to bearer, or any instrument payable to B or his order, he converted, by such
payable to order or other document of supposed indorsement, the treasury warrant to one
credit not payable to bearer is forged or payable to bearer. It had the effect of erasing the
falsified by another person; phrase or his order upon the face of the warrant.
2. That the offender knows that any of the There was material alteration on a genuine
said instruments is forged or falsified; and document. (US vs. Solito, G.R. No. L-12546, August
3. That he either used or possessed with 25, 1917)
intent to use any of such forged or
falsified instruments. (Martinez and Dino Q: When is counterfeiting not forgery?
v. People, G.R. No. 194367, June 15,
2011) A: The subject of forgery should be treasury or bank
notes. If the subject of forgery were a document
Q: Is mere possession of false bank notes enough other than these, the crime would be falsification.
to consummate the crime under Art. 168 of RPC (Boado, 2008)


Examples:
FALSIFICATION OF LEGISLATIVE, PUBLIC, a. Bills of exchange
COMMERCIAL, AND PRIVATE DOCUMENTS, AND b. Letters of Credit
WIRELESS TELEGRAPH, AND TELEPHONE c. Checks
MESSAGES d. Quedans
e. Drafts
Q:What is a document? f. Bills of lading

A: It is any written instrument by which a right is Q: What are the five classes of falsification?
established or an obligation is extinguished, or
every deed or instrument executed by a person by A:
which some disposition or agreement is proved, 1. Falsification of legislative documents
evidenced or set forth. 2. Falsification of a document by a public officer,
employee or notary public
Q: What are the kinds of documents? 3. Falsification of public or official, or commercial
documents by a private individual
A: 4. Falsification of private document by any
1. Public document any instrument notarized by person
a notary public or competent public official 5. Falsification of wireless, telegraph and
with the solemnities required by law. telephone messages

Examples: Q: How is document falsified?
a. Civil service examination papers
b. Official receipt required by the A: A document is falsified by fabricating an
government to be issued upon inexistent document or by changing the contents of
receipt of money for public purposes an existing one through any of the 8 ways
c. Residence certificate enumerated under Art. 171.
d. Drivers license
Falsification of Legislative Documents
2. Official document any instrument issued by Art. 170
the government or its agents or officers having
authority to do so and the offices, which in Q: What are the elements?
accordance with their creation, they are
authorized to issue. A:
1. That there be a bill, resolution or ordinance
Example: Register of attorneys officially kept enacted or approved or pending approval by
by the Clerk of the Supreme Court in which it is either House of Legislature or any provincial
inscribed the name of each attorney admitted board or municipal council.
to the practice of law. 2. That the offender alters the same.
3. That he has no proper authority therefor.
Note: Public document is broader than the term 4. That the alteration has changed the meaning
official document. Before a document may be of the document.
considered official, it must first be public document. To

become an official document, there must be a law
Note: The act of falsification in legislative document is
which requires a public officer to issue or to render
limited to altering it which changes its meaning.
such document.

Q: Who may be the offender?
3. Private document every deed or instrument

by a private person without the intervention of
A: The offender is any person who has no proper
the notary public or of any other person legally
authority to make the alteration. He may be a
authorized, by which document some
private individual or a public officer.
disposition or agreement is proved, evidenced

or set forth.
Note: The offender must not be a public official
entrusted with the custody or possession of such
4. Commercial document any instrument document, otherwise Art. 171 will apply.
executed in accordance with the Code of
Commerce of any mercantile law containing
Falsification by Public Officer, Employee or Notary
disposition of commercial rights or obligations.
or Ecclessiastical Minister

CRIMINAL LAW TEAM

Art. 171 ii. That such person or persons

made statements n that act or
Q: What are the elements of falsification by public proceeding; and
officer, employee or notary, or ecclesiastical iii. That the offender, in making a
minister? document, attributed to such
person or persons statements
A: other than those in
1. That the offender is a public officer, employee, fact made by such person or
or notary public. persons.
2. That he takes advantage of his official position.
a. He has the duty to make or prepare or to d. Making untruthful statements in a
otherwise intervene in the preparation of narration of facts.
the document; or
b. He has the official custody of the Elements:
document which he falsifies. i. That the offender makes in a
3. That he falsifies a document by committing document untruthful
any of the following acts: statements in a narration of
a. Counterfeiting or imitating any facts;
handwriting, signature, or rubric. ii. That he has legal obligation to
disclose the truth of the facts
Elements: narrated by him;
i. That there be an intent to iii. The facts narrated by the
imitate, or an attempt to offender are absolutely false.
imitate, and iv. The untruthful narration must
ii. That the two signatures or be such as to affect the integrity
handwritings, the genuine and of the document or to change
the forged bear some the effects which it
resemblance to each other. would otherwise produce.

Note: The Spanish text of Art. 171 is e. Altering true dates.
fingiendo or feigning (for imitation). In
feigning, there is no original signature, Note: there is falsification under this
handwriting or rubric, but a forgery of a paragraph only when the date mentioned in
signature, handwriting or rubric that does the document is essential. The alteration of
not exist the date in a document must affect either
the veracity of the document of the effects
b. Causing it to appear that persons have thereof.
participated in any act or proceeding
when they did not in fact so participate. f. Making any alteration or intercalation in a
genuine document which changes its
Elements: meaning.
i. That the offender caused it to
appear in a document that a Elements:
person or persons participated i. That there be an alteration
in an act or a proceeding; (change) or intercalation
and (insertion) on a document;
ii. That such person or persons did ii. That it was made on a genuine
not in fact so participate in the document;
act or proceeding. iii. That the alteration or
intercalation had changed the
c. Attributing to persons who have meaning of the document; and
participated in an act or proceeding iv. That the change made the
statements other than those in fact made document speak something
by them. false.

Elements: Note: The alteration which makes a
document speak the truth does not
i. That a person or persons
constitute falsification.
participated in an act or a

proceeding;

g. Issuing in authenticated form a document oath.

purporting to be a copy of an original
document when no such original exists, or
including in such copy a statement
contrary to, or different from, that of the Q: Augustina filed a criminal complaint against
genuine original. Bernante for falsification of public document
because the latter allegedly falsified leave forms. It
Note: The acts of falsification mentioned in was alleged that Bernante made it appear in his
this paragraph cannot be committed by a leave application that he was on forced leave and
private individual or by a notary public or a on vacation leave on certain dates. In truth,
public officer who does not take advantage Bernante was serving a 20-day prison term
of his official position. because of his conviction of the crime of slight
physical injuries. Is Bernante liable for the crime of
h. Intercalating any instrument or note falsification of documents?
relative to the issuance thereof in a
protocol, registry or official book. A: No. Augustina failed to point to any law imposing
upon Bernante the legal obligation to disclose
4. In case the offender is an ecclesiastical where he was going to spend his leave of absence.
minister, the act of falsification is committed Legal obligation means that there is a law
with respect to any record or document of requiring the disclosure of the truth of the facts
such character that its falsification may affect narrated. Bernante may not be convicted of the
the civil status of persons. crime of falsification of public document by making
false statements in a narration of facts absent any
Q: Who are the persons liable? legal obligation to disclose where he would spend
his vacation leave and forced leave. (Enemecio v.
A: Office of the Ombudsman [Visayas] G.R. No.
1. Public officer, employees, or notary public who 146731, Jan. 13, 2004)
takes advantages of official position
2. Ecclesiastical minister if the act of falsification Q: In falsification of public documents, is it
may affect the civil status of persons necessary that there be the idea of gain or intent
3. Private individual, if in conspiracy with public to injure a third person?
officer.
A: No. In falsification of public or official
Q: X was charged with falsification because in her documents, it is not necessary that there be
certificate of candidacy for the position of present the idea of gain or the intent to injure a
councilor she had willfully and unlawfully made third person because in the falsification of a public
the false statement that she was eligible to said document, what is punished is the violation of the
office although she knew fully well that she was public faith and the destruction of the truth as
under 23 years old. Was the charge proper? therein solemnly proclaimed. (Galeos v. People,
G.R. Nos. 174730-37, February 9, 2011)
A: No. When the accused certified she was eligible
for the position, she practically wrote a conclusion Q: A counterfeited the signature of B but what he
of law. Hence she may not be declared guilty of entered in the Statement of Assets and Liabilities
falsification because Art. 171 punishes untruthful of B are all true. Since there was no damage to the
statements in narration of facts. (People v. Yanza, government did he commit a crime?
G.R. No. L-12089, April 29, 1960)
A: Yes. In falsification of a public document, it is
Q: What is the difference between making
immaterial whether or not the contents set forth
untruthful statements and perjury?
therein were false. What is important is the fact
A: that the signature of another was counterfeited. In
Making untruthful Perjury a crime of falsification of a public document, the
statements principal thing punished is the violation of public
The document must not The document must be faith and the destruction of the truth as therein
be subscribed and subscribed and sworn solemnly proclaimed. Thus, intent to gain or injure
sworn. Ex: cedula; to.
is immaterial. Even more so, the gain or damage is
drivers license
Note: What is violated is not necessary (Caubang v. People, G.R. No. L-62634
the solemnity of the June 26, 1992).
CRIMINAL LAW TEAM


Q: Can falsification be committed by omission? Note: Mere falsification of private document is
not enough, two things are required:
A: Yes. a. He must have counterfeited the false
document.
Illustration b. He must have performed an
independent act which operates to the
An assistant bookkeeper who, having bought prejudice of a third person.
several articles for which he signed several
chits, intentionally did not record in his 3. Use of falsified document.
personal account most of the said chits and
destroyed them so that he could avoid paying Elements:
the amount thereof is guilty of falsification by a. In introducing in a judicial
omission (People v. Dizon, 47 Phil 350) proceeding
i. Offender knew that the
document was falsified by
Falsification by Private Individuals and Use of
another person
Falsified Documents
ii. The falsified document is in
Art. 172
Articles 171 or 172 (1 or 2)
iii. He introduced said document in
Q: What are the punishable acts and their evidence in a judicial
elements? proceeding

A: Note: Damage is not necessary in the
1. Falsification of public official or commercial crime of introducing in judicial proceeding
document by a private individual. a false document.

Elements: b. In use in any other transaction
a. Offender is a private individual or i. Offender knew that a document
public officer or employee who did was falsified by another person
not take advantage of his official ii. The false document is embraced
position in Art. 171 or 172 (1 or 2)
b. He committed any act of falsification iii. He used such document
c. The falsification is committed in a iv. The use caused damaged to
public, official, or commercial another or at least used with
document or letter of exchange intent to cause damage

Note: Under this par., damage is not essential. It Note: The user of the falsified document is deemed
is presumed. the author of the falsification if: (1) the use was so
closely connected in time with the falsification, and (2)
2. Falsification of private document by any the user had the capacity of falsifying the document.
person
Q: Is good faith a defense if a private individual
Elements: falsified a public document?
a. Offender committed any of the acts
of falsification except Art. 171 (7), A: Yes. There is no falsification of a public document
that is, issuing in an authenticated if the acts of the accused are consistent with good
form a document purporting to be a faith. Misstatements or erroneous assertion in a
copy of an original document when public document will not give rise to falsification as
no such original exists, or including in long as he acted in good faith and no one was
such a copy a statement contrary to, prejudiced by the alteration or error.
or different from that of the genuine
original Q: Should the document be an authentic official
b. Falsification was committed in any paper?
private document
c. Falsification caused damage to a A: No. It states that causing it to appear that
third party or at least the falsification persons have participated in any act or proceeding
was committed with intent to cause when they did not in fact participate, the
such damage document need not be an authentic official paper


since its simulation is the essence of falsification. be malice, and falsification through imprudence
So, also, the signatures appearing thereon need not implies lack of such intent or malice, there is no
necessarily be forged. such crime as falsification of private document
through negligence or reckless imprudence.
Q: When is damage required under this Article?
Q: Is there such crime as attempted/frustrated
A: falsification?
1. When a private document is falsified
2. When a falsified document is used in any A: Generally none. Falsification is consummated the
proceeding other than judicial moment the genuine document is altered of the
moment the false document is executed. However,
Q: Is there a complex crime of estafa through there may be a frustrated crime of falsification if
falsification of a private document? the falsification is imperfect (Reyes, 2008 citing
Cuello Calon)
A: None. The fraudulent gain obtained through
deceit in estafa, in the commission of which a Falsification of Wireless Telegraph and Telephone
private document was falsified is nothing more or Messages
less than the very damage caused by the Art. 173
falsification of such document. The proper crime to
be charged is estafa, if estafa can be committed Q: What are the punishable acts?
without falsification, such as when a private
document is falsified to conceal the A:
misappropriation of money in possession of the 1. Uttering fictitious wireless, telegraph or
offender, or when estafa was already telephone message.
consummated. If estafa cannot be committed 2. Falsifying wireless, telegraph or telephone
without falsification, then the crime is falsification message.
such as when the private document is falsified to
obtain the money which was later misappropriated. Elements of paragraph 1 and 2:
a. That the offender is an officer or
Q: What are the distinctions between falsification employee of the Government or an
of public document and private document? officer or employee of a private
corporation, engaged in the service
A: of sending or receiving wireless,
Falsification of Public Falsification of Private cable or telephone message.
Document Document b. That the offender commits any of
Aside from falsification, the following acts:
Mere falsification is prejudice to a third i. Uttering fictitious wireless,
enough person or intent to cable, telegraph or
cause it, is essential. telephone message; or
Can be complexed with ii. Falsifying wireless, cable,
other crimes if the act of There is no complex telegraph, or telephone
falsification was the crime of estafa through message.
necessary means in the falsification of a private
commission of such document. Hence, 3. Using such falsified message.
crimes, like estafa, theft, when one makes use of
or malversation. a private document, Elements:
which he falsified, to a. Offender knew that wireless, cable,
E.g. Malversation defraud another, there telegraph, or telephone message
through falsification of a results only one crime: was falsified by an officer or
public document; Estafa that of falsification of a employee of a private corporation,
through falsification of a private document. engaged in the service of sending or
public document. receiving wireless, cable or
telephone message
Q: Is there a falsification of private document b. He used such falsified dispatch
through reckless imprudence? c. The use resulted in the prejudice of a
third party or at least there was
A: No, since in falsification of private document, intent to cause such prejudice
there is at least intent to cause damage, there must
CRIMINAL LAW TEAM

Q: Can a private individual commit the crime of Art. 175

falsification of telegraphic dispatches?
A: It depends. A private individual cannot commit
the crime falsification of telegraphic dispatches by A:
direct participation, unless he is an employee of a 1. A physician or surgeon had issued a false
corporation engaged in the business of sending or medical certificate, or public officer issued a
receiving wireless telegraph or telephone false certificate of merit or service, good
messages. But a private individual can be held conduct, or similar circumstance, or a private
criminally liable as principal by inducement in the person had falsified any of said certificates
falsification of telegraph dispatches or telephone 2. Offender knew that the certificate was false
messages. But if he knowingly uses falsified 3. He used the same
telegraph, wireless or telephone messages to the
prejudice of a third person, or with intent to cause Note: When any of the false certificates mentioned in
such prejudice, it is not necessary that he be Art. 174 is used in the judicial proceeding, Art. 172
connected with such corporation. does not apply, because the use of false document in
judicial proceeding under Art. 172 is limited to those
False Medical Certificates, False Certificates of false documents embraced in Arts. 171 and 172. Such
Merit or Service use of the false certificates fall under Art. 175.
Art. 174
Manufacturing and Possession of Instruments for
Q: What are the punishable acts? Falsification
Art. 176
A:
1. Issuance of false certificate by a physician or Q: What are the punishable acts?
surgeon in connection with the practice of his
profession A:
2. Issuance of a false certificate or merit or 1. Making or introducing into the Philippines any
service, good conduct or similar circumstances stamps, dies, marks, or other instruments or
by a public officer; implements for counterfeiting or falsification
2. Possessing with intent to use the instrument or
Note: Intent to gain is immaterial. But if the implements for counterfeiting or falsification
public officer issued the false certificate in made in or introduced into the Philippines by
consideration of a promise, gift or reward, he will another person.
also be liable for bribery.
Note: It is not necessary that the implements
3. Falsification by a private person of any confiscated form a complete set for counterfeiting, it
certificate falling within 1 and 2. being enough that they may be employed by
themselves or together with other implements to
Q: What is a certificate? commit the crime of counterfeiting or falsification.

A: A certificate is any writing by which testimony is OTHER FALSITIES
given that a fact has or has not taken place.
Usurpation of Authority or Official Functions
Note: The phrase or similar circumstances in Art. 174 Art. 177
does not seem to cover property, because the
circumstance contemplated must be similar to merit, Q: What are the offenses contemplated in Article
service, or good conduct. 177?

Q: Who are the persons liable under this Article? A:
1. Usurpation of Authority by knowingly and
A: falsely representing oneself to be an officer,
1. Physician or surgeon agent or representative of any department or
2. Public officer agency of the Philippine Government or any
3. Private individual who falsified a certificate foreign government.
falling in the classes mentioned in nos. 1 and 2.
Note: The mere act of knowingly and falsely
Using False Certificates representing oneself to be an officer, etc. is


sufficient. It is not necessary that he performs an

act pertaining to a public officer A:
1. Using fictitious name
2. Usurpation of Official Functions by
performing any act pertaining to any person in Elements:
authority or public officer of the Philippine a. Offender uses a name other than his
Government or of a foreign government or real name
any agency thereof, under pretense of official b. He uses the fictitious name publicly
position, and without being lawfully entitled to c. Purpose of use is to conceal a crime,
do so. to evade the execution of a
judgment or to cause damage (to
Note: It is essential that the offender should have public interest)
performed an act pertaining to a person in
authority or public officer, in addition to other Note: If the purpose is to cause
requirements. (Reyes, 2008) damage to private interest, the crime
will be estafa under Art. 315(2)(a).
Q: A councilor refused to vacate the office of the
mayor despite an official opinion that it is the vice 2. Concealing true name
mayor who should discharge the duties of the
mayor during the latters temporary absence. He Elements:
was charged with usurpation of authority and a. Offender conceals his true name and
official functions but contending that such crime other personal circumstances
may only be committed by private individuals. Is b. Purpose is only to conceal his
he correct? identity (Reyes,2008)

A: No, Violation of Art. 177 is not restricted to Q: What is a fictitious name?
private individuals, public officials may also commit
this crime. (People v. Hilvano, G.R. No. L-8583. July A: Fictitious name is any other name which a
31, 1956) person publicly applies to himself without authority
of law. (Id., citing U.S. vs. To Lee Piu)
Q: Does this provision apply to an occupant under
color of title? Q: What are the distinctions between using
fictitious name and concealing true name?
A: No. This would only apply to a usurper or one
who introduces himself into an office that is vacant, A:
or who, without color of title, ousts the incumbent Concealing True
and assumes to act as an officer by exercising some Use of Fictitious Name
Name
functions of the office. (People vs. Buenaflor) Element of publicity must Element of publicity
be present. is not necessary.
Q: To whom does the authority or function The purpose is either to
usurped pertain? conceal a crime, to evade The purpose is
the execution of a merely to conceal
A: The function or authority usurped must pertain judgment, or to cause identity.
to: damage.
1. The government;
2. Any person in authority; and
Illegal Use of Uniform or Insignia
3. Any public officer
Art. 179

Note: Usurpation of the authority or functions of a
diplomatic, consular or other accredited officers of a Q: What are the elements of Illegal Use of
foreign government is punishable under R.A. 75, in Insignia?
addition to the penalties provided by the code.
(Regalado, 2007) A:
1. Offender makes use of insignia, uniform or
Using Fictitious Name and Concealing True Name dress
Art. 178 2. The insignia, uniform or dress pertains to an
office not held by the offender or to a class of
Q: What are the acts punishable under Art. 178 persons of which he is not a member
and their elements?
CRIMINAL LAW TEAM

3. Said insignia, uniform, or dress is used publicly False Testimony against a Defendant
and improperly Art. 180

Q: Is it required that there be exact imitation of Q: What are the elements of false testimony
uniform to constitute illegal use of uniforms or against a defendant?
insignia?
A:
A: No. A colorable resemblance calculated to 1. There is a criminal proceeding
deceive the common run of people, not those 2. Offender testifies falsely under oath against
thoroughly familiar with every detail or accessory the defendant therein
thereof. (People vs. Romero, C.A. 58, O.G. 4402) 3. Offender who gives false testimony knows that
it is false
Q: Is the unauthorized use of ecclesiastical habit of 4. Defendant against whom the false testimony is
a religious order punishable under this article? given is either acquitted or convicted in a final
judgment
A: Yes
Note: Defendant must be sentenced to at least a
Q: What is meant by improper use of uniform or correctional penalty or a fine or shall have been
insignia? acquitted. Thus, if arresto mayor is imposed, Art.
180 is not applicable.
A: The use thereof by the offender is a public and
malicious use. (Regalado, 2007) It means that the Q: Is there false testimony even if the testimony is
offender has no right to use the uniform or insignia. not considered by the court?

FALSE TESTIMONY A: Yes, because what is being considered here is the
tendency of the testimony to establish or aggravate
Q: How is false testimony committed? the guilt of the accused and not the result that the
testimony may produce.
A: A false testimony is committed by a person who,
being under oath and required to testify as to the Q: How is the penalty imposed under this Article?
truth of a certain matter at a hearing before a
competent authority, shall deny the truth or say A: It depends upon the sentence of the defendant
something contrary to it. (Reyes, 2008) against whom the false testimony was given

Q: What are the three forms of false testimony? False Testimony Favorable to the Defendant
Art. 181

A: False testimony in: Q: What is essential in this crime?
1. Criminal Cases
2. Civil Cases A: Intent to favor the accused
3. Other Cases
Note: False testimony in favor of a defendant need not
Q: Can a false testimony be committed thru directly influence the decision of acquittal and it need
negligence? not benefit the defendant. The intent to favor
defendant is sufficient. (People vs. Reyes, C.A., 48 O.G.
A: No. False testimony requires a criminal intent 1837)
and cannot be committed thru negligence. It could
not be frustrated or attempted. Q: Is rectification made spontaneously after
realizing the mistake, a false testimony?
Q: What is the reason for punishing false
testimony? A: No.

A: Falsehood is always reprehensible; but it is Q: Can a defendant who falsely testified in his own
particularly odious when committed in a judicial behalf in a criminal case be guilty of false
proceeding, as it constitutes an imposition upon the testimony favorable to the defendant?
court and seriously exposes it to a miscarriage of
justice. A: Yes. It must not be forgotten that the right of an
accused to testify in his own behalf is secured to


him, not that he may be enabled to introduce false it was given in favor or against the accused in a
testimony into the record, but to enable him to criminal case?
spread upon the record the truth as to any matter
within his knowledge which will tend to establish A: The classification is significant in determining
his knowledge. Defendant is liable if he testifies in when the prescriptive period begins to run:
his favor by falsely imputing the crime to another 1. In Favor right after the witness testified
person. (U.S. v. Soliman, G.R. No. L-11555, January falsely, the prescriptive period
6, 1917) commences to run because the basis of
the penalty on the false witness is the
Note: The ruling in Soliman would only apply if the felony charged to the accused regardless
defendant voluntarily goes upon the witness stand and of whether the accused was acquitted or
falsely imputes to some other person the commission convicted or the trial has terminated.
of a grave offense. If he merely denies the commission 2. Against period will not begin to run as
of the crime or his participation therein, he should not long as the case has not been decided
be prosecuted for false testimony. (Reyes, 2008) with finality because the basis of the
penalty on the false witness is the
False Testimony in Civil Cases sentence on the accused testified against
Art. 182 it. When the accused is acquitted, there is
also a corresponding penalty on the false
Q: What are the elements of this crime? witness for his false testimony. (Boado,
2008)
A:
1. Testimony must be given in a civil case. False Testimony in Other Cases and Perjury in
2. It must relate to the issues presented in said Solemn Affirmation
case Art. 183
3. It must be false
4. It must be given by the defendant knowing the Q: What is perjury?
same to be false
5. It must be malicious and given with an intent A: Perjury is the willful and corrupt assertion of
to affect the issued presented in said case falsehood under oath or affirmation administered
by authority of law on a material matter.
Note: The criminal action of false testimony in civil

cases must be suspended when there is a pending Note: Perjury committed in prosecutions under special
determination of the falsity or truthfulness of the
laws, special proceedings, or under art. 180 where the
subject testimonies in the civil case. (Ark Travel Express
penalty is only arresto mayor and below, can be
v. Judge Abrogar, 410 SCRA 148, 2003)
proceeded against under this article. (Regalado, 2007)

Q: Does the false testimony given to a special Q: How is Perjury committed?
proceeding punishable under this article?
A:
A: No, Art. 182 applies only to ordinary or special 1. Falsely testifying under oath
civil actions and supplementary or ancillary 2. Making a false affidavit.
proceedings therein, and not to special proceedings
which are covered by Art. 183 (Regalado, 2007 Q: What are the elements of perjury?
citing U.S. vs. Gutierrez and People vs. Hernandez)
A:
Note: The basis of the penalty is the amount of the
1. Accused made a statement under oath or
controversy.
executed an affidavit upon a material matter

2. Statement or affidavit was made before a
Q: What is the crime committed if false testimony
competent officer, authorized to receive and
was given in a special proceeding (i.e. probate
administer oath
proceeding)?
3. In that statement or affidavit, the accused

made a willful and deliberate assertion of a
A: Perjury is committed if the false testimony is
falsehood
given in special proceedings
4. Sworn statement or affidavit containing the

falsity is required by law
Q: What is the effect on prescriptive period of the

classification of the false testimony as to whether
Note: The statement need not actually be required . It
is sufficient that it was authorized by law to be made
CRIMINAL LAW TEAM

(People vs. Angangco, G.R. No. L-47693, October 12, Q: What is subornation of perjury?
1943)
A: It is committed by a person who knowingly and
Q: What is an oath? willfully procures another to swear falsely and he
witness suborned does testify under the
A: Oath is any form of attestation by which a person circumstances rendering him guilty of perjury.
signifies that he is bound in conscience to perform
an act faithfully and truthfully. Note: Subornation of perjury is not expressly penalized
in the RPC, but the person who induces another to
Q: What is Affidavit? commit a perjury may be punished under Art. 183, in
relation to Art. 17, as a principal by inducement to the
A: A sworn statement in writing; a declaration in crime of perjury while the one induced is liable as a
writing, made upon oath before an authorized principal by direct participation.
magistrate or officer
Offering False Testimony in Evidence
Q: Who is a competent person? Art. 184

A: a person who has a right to inquire into the Q: What are the elements of offering false
questions presented to him upon matters under his testimony in evidence?
jurisdiction
A:
Q: What is meant by material matter? 1. Offender offered in evidence a false witness or
false testimony
A: Material matter means the main fact which is the 2. He knew the witness or testimony was false
subject of the inquiry or any circumstance which 3. Offer was made in a judicial or official
tends to prove that fact, or any fact or circumstance proceeding
which tends to corroborate or strengthen the
testimony relative to the subject of inquiry, or Note: Art. 184 does not apply when the offender
which legitimately affects the credit of any witness induced a witness to testify falsely. It applies when the
who testifies. (U.S. vs. Estraa, G.R. No. 5751, offender knowingly presented a false witness, and the
September 6, 1910) latter testified falsely. The one offering the testimony
is liable under Art. 184 while the witness who testified
Q: What is the test to determine the materiality of is liable under Art. 180-183 depending on the
the matter? proceedings on which the testimony was offered and
for whose favor the false testimony was made.
A: The test is not whether the evidence was proper
to be admitted but whether if admitted it could Q: What is the penalty under this provision?
properly influence the result of the trial.
A: Penalty is that for false testimony if committed in
Q: What could be used as a defense? a judicial proceeding and the penalty is that for
perjury if committed in other official proceeding.
A: Good faith or lack of malice is a defense in
perjury. Mere assertion of falsehood is not enough FRAUDS
to amount to perjury. The assertion must be
deliberate and willful. Machinations in Public Auctions
Art. 185
Q: What are the distinctions between perjury and
false testimony? Q: What are the punishable acts and their
elements?
A:
Perjury False Testimony A:
Any willful and corrupt 1. Soliciting any gift or promise as a consideration
assertion of falsehood on for refraining from taking part in any public
Given in the course of a
material matter under auction.
judicial proceeding
oath and not given in
judicial proceedings Elements:
There is perjury even a. There is a public auction
during the preliminary Contemplates actual trial b. Offender solicits any gift or
investigation. compromise from any of the bidders


c. Such gift or promise is the Q: What are the punishable acts under this article?
consideration for his refraining from
taking part in that public auction A:
d. Offender has the intent to cause the 1. Combination to prevent free competition in
reduction of the price of the thing the market.
auctioned
Elements:
Note: It is not required that the person making a. Entering into any contract or
the proposal actually refrains from taking part in agreement or taking part in any
any auction. conspiracy or combination in the
form of a trust or otherwise
2. Attempting to cause bidders to stay away from b. In restraint of trade or commerce or
an auction by threats, gifts, promises or any to prevent by artificial means free
other artifice. competition in the market

Elements: 2. Monopoly to restrain free competition in the
a. There is a public auction market.
b. Offender attempts to cause the
bidders to stay away from that public Elements:
auction a. By monopolizing any merchandise or
c. It is done by threats, gifts, promises object of trade or commerce, or by
or any other artifice combining with any other person or
d. Offender has the intent to cause the persons to monopolize said
reduction of the price of the thing merchandise or object
auctioned b. In order to alter the prices thereof by
spreading false rumors or making
Note: Mere attempt to cause prospective use of any other artifice
bidders to stay away from the auction is c. To restrain free competition in the
sufficient to constitute an offense. The market
threat need not be effective nor the offer or

gift accepted.
3. Manufacturer, producer, or processor or

importer combining, conspiring or agreeing
Monopolies and Combinations in Restraint of with any person to make transactions
Trade prejudicial to lawful commerce or to increase
Art. 186 the market price of merchandise.

Q: What is monopoly? Elements:
a. Manufacturer, producer, processor
A: It is a privilege or peculiar advantage vested in or importer of any merchandise or
one or more persons or companies, consisting in object of commerce
the exclusive right or power to carry on a particular b. Combines, conspires, or agrees with
article or control the sale or the whole supply of a any person
particular commodity. c. Purpose is to make transactions
prejudicial to lawful commerce or to
Q: What is combination in restraint of trade? increase the market price of any
merchandise or object of commerce
A: Combination in restraint of trade is an manufactured, produced, processed,
agreement or understanding between two or more assembled or imported into the
persons, in the form of contract, trust, pool, holding Philippines
company or other form of association, for the
purpose of unduly restricting competition, Note: Sec. 19, Art. XII, 1987 Constitution provides that
monopolizing trade and commerce in a certain The State shall regulate or prohibit monopolies when
commodity, controlling its production, distribution the public interest so requires. No combination in
and price, or otherwise interfering with freedom of restraint of trade or unfair competitions shall be
trade without authority. allowed

Note: Monopoly refers to end while combination in Q: What is unfair competition?
restraint of trade refers to means.

CRIMINAL LAW TEAM

A: Unfair competition consists in employing

deception or any other means contrary to good Note: Selling the misbranded articles is not necessary.
faith by which any person shall pass off the goods
manufactured by him or in which he deals, or his The New Public Bidding Law (R.A. 9184)
business, or services for one already having
established goodwill or committing any act Q: What are the prohibited acts under R.A. 9184?
calculated to produce the result. (Sec. 168.2, R.A.
8293) A:
1. Public officers who commit any of the
Q: What is the test of unfair competition? following acts:
a. Open any sealed Bid including but not
A: The test is whether certain goods have been limited to Bids that may have been
clothed with the appearance which is likely to submitted through the electronic system
deceive the ordinary purchaser exercising ordinary and any and all documents required to
care. be sealed or divulging their contents,
prior to the appointed time for the public
Note: Any property possessed under any contract or opening of Bids or other documents.
combination contemplated in this article shall be b. Delaying, without justifiable cause, the
forfeited in favor of the Government. screening for eligibility, opening of bids,
evaluation and post evaluation of bids,
Q: What are the grounds for liability under Art. and awarding of contracts beyond the
186? prescribed periods of Bids or other
documents
A: The grounds for liability are: c. Unduly influencing or exerting undue
1. Knowingly permitting commission of the pressure on any member of the BAC or
punishable acts; or any officer or employee of the procuring
2. Failing to prevent the commission of the entity to take a particular bidder.
said acts. d. Splitting of contracts which exceed
procedural purchase limits and
Note: When the offense is committed by a corporation
competitive bidding.
or association, the president and directors or
e. When the head of the agency abuses the
managers who knowingly permitted or failed to
exercise of his power to reject any and all
prevent the commission of such offense are liable.
bids as mentioned under Section 41 of
this Act with manifest preference to any
Importation and Disposition of Falsely Marked
bidder who is closely related to him in
Articles or Merchandise made of Gold, Silver, or
accordance with Section 47 of this Act.
Other Precious Metals or their Alloys

Art. 187
Note: When any of the foregoing acts is done in
collusion with private individuals, the private
Q: What are the articles of the merchandise individuals shall likewise be liable for the offense.
involved?
2. Private individuals who commit any of the
A: following acts, including any public officer,
1. Gold who conspires with them:
2. Silver a. When two or more bidders agree and
3. Other precious metals submit different Bids as if they were
4. Their alloys bona fide, when they knew that one or
more of them was so much higher than
Q: What are the elements of this crime? the other that it could not be honestly
accepted and that the contract will surely
A: be awarded to the pre-arranged lowest
1. Offender imports, sells, or disposes of any of bid.
those articles or merchandise b. When a bidder maliciously submits
2. Stamps, brands, or marks of those articles of different bids to two or more persons,
merchandise fail to indicate the actual fineness corporations, partnerships or any other
or quality of said metals or alloys business entity in which he has interest
3. Offender knows that the stamps, brands or to create the appearance of competition
marks fail to indicate the actual fineness or the
quality of the metals or alloys

that does not in fact exist so as to be

adjudged as the winning bidder. A:
c. When two or more bidders enter into an 1. Use any name different from the one with
agreement which call upon one to refrain which he was registered at birth in the office
from bidding for Procurement contracts, of the local civil registry, or with which he was
or which call for withdrawal of bids baptized for the first time, or, in case of an
already submitted, or which are alien, with which he was registered in the
otherwise intended to secure as undue bureau of immigration upon entry; or such
advantage to any one of them. substitute name as may have been authorized
d. When a bidder, by himself or in by a competent court.
connivance with others, employ schemes
which tend to restrain the natural rivalry Note: Persons, whose births have not been
of the parties or operates to stifle or registered in any local civil registry and who have
suppress competition and thus produce a not been baptized, have one year from the
result disadvantageous to the public. approval of this act within which to register their
names in the civil registry of their residence. The
3. Private individuals who commit any of the name shall comprise the patronymic name and
following acts, and any public officer one or two surnames.
conspiring with them:
a. Submit eligibility requirements of 2. To secure such judicial authority for more than
whatever kind and nature that contain one alias.
false information or falsified documents 3. Use any name or names other, than his original
calculated to influence the outcome of or real name unless the same is or are duly
the eligibility screening process or conceal recorded in the proper local civil registry.
such information in the eligibility 4. No person having been baptized with a name
requirements when the information will different from that with which he was
lead to a declaration of ineligibility from registered at birth in the local civil registry, or
participating in public bidding. in case of an alien, registered in the bureau of
b. Submit Bidding Documents of whatever immigration upon entry, or any person who
kind and nature that contain false obtained judicial authority to use an alias, or
information or falsified documents or who uses a pseudonym, shall represent
conceal such information in the Bidding himself in any public or private transaction or
Documents, in order to influence the shall sign or execute any public or private
outcome of the public bidding. document without stating or affixing his real or
c. Participate in a public bidding using the original name and all names or aliases or
name of another or allow another to use pseudonym he is or may have been authorized
one's name for the purpose of to use.
participating in a public bidding.
d. Withdraw a Bid, after it shall have XPNs:
qualified as the Lowest Calculated 1. A pseudonym solely for literary,
Bid/Highest Rated Bid, or to accept and cinema, television, radio or other
award, without just cause or for the entertainment purposes and in
purpose of forcing the Procuring Entity to athletic events where the use of
award the contract to another bidder. pseudonym is a normally accepted
This shall include the non-submission of practice.
requirements such as, but not limited to, 2. Those legally provided to obtain
performance security, preparatory to the judicial authority for a change of
final award of the contract. name.

Note: Any person desiring to use an alias shall
4. When the bidder is a juridical entity, criminal
apply for authority therefore in proceedings like
liability and the accessory penalties shall be
those legally provided to obtain judicial authority
imposed on its directors, officers or employees for a change of name. No person shall be allowed
who actually commit any of the foregoing to secure such judicial authority for more than
acts.(Sec. 65) one alias.

Anti-Alias Law (C.A. 142 as amended by R.A. 6085) The judicial authority for the use of alias, the
Christian name and the aliens immigrant name
Q: What are the punishable Acts? shall be recorded in the proper local civil registry,
CRIMINAL LAW TEAM

and no person shall use any name/s other than 14. Maintenance and Keeping of Original Records
his original or real name unless the same is or are of Transactions on Dangerous Drugs and/or
duly recorded in the proper local civil registry. Controlled Precursors and Essential Chemicals
(Section 17)
CRIMES RELATIVE TO OPIUM AND OTHER 15. Unnecessary Prescription of Dangerous Drugs
PROHIBITED DRUGS (Section 18)
16. Unlawful Prescription of Dangerous Drugs
The Comprehensive Dangerous Drugs Act of 2002 (Section 19)
(R.A. 9165)
Importation of Dangerous Drugs and/or Controlled
Q: What are classified as Dangerous Drugs? Precursors and Essential Chemicals (Sec.4)

A: Dangerous Drugs include those listed in the Any person, who, unless authorized by law, shall
Schedules annexed to the 1961 Single Convention import or bring into the Philippines any dangerous
on Narcotic Drugs, as amended by the 1972 drug, regardless of the quantity and purity involved,
Protocol, and in the Schedules annexed to the 1971 including any and all species of opium poppy or any
Single Convention on Psychotropic Substances part thereof or substances derived there from even
(Section 3 (j), R.A. 9165) for floral, decorative and culinary purposes.

Q: What are the punishable acts under this act? DRUG PUSHING

A: Sale, Trading, Administration, Dispensation,
1. Importation of Dangerous Drugs and/or Delivery, Distribution and Transportation of
Controlled Precursors and Essential Chemicals Dangerous Drugs and/or Controlled Precursors
(Section 4) and Essential Chemicals. (Sec.5)
2. Sale, Trading, Administration, Dispensation,
Delivery, Distribution and Transportation of Q: Who are liable for drug pushing under Sec. 5 of
Dangerous Drugs and/or Controlled Precursors RA 9165?
and Essential Chemicals (Section 5)
3. Maintenance of a Den, Dive or Resort. (Section A:
6) 1. Financiers
4. Employees and Visitors of a Den, Dive or 2. Leaders and Organizers
Resort (Section 7) 3. The Protector or a Coddler.
5. Manufacture of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals Note: Law enforcement agents who do not arrest the
(Section 8) drug pushers or illegal possessors may be held liable as
6. Illegal Chemical Diversion of Controlled protectors or coddlers.
Precursors and Essential Chemicals. (Section 9)
7. Manufacture or Delivery of Equipment, Q: What are the elements of selling illegal drugs?
Instrument, Apparatus, and Other
Paraphernalia for Dangerous Drugs and/or A: Elements of the crime of selling illegal drugs are:
Controlled Precursors and Essential Chemicals. a) The identity of the buyer and seller,
(Section 10) b) the object and consideration; and
8. Possession of Dangerous Drugs (Section 11) c) the delivery of the thing sold and
9. Possession of Equipment, Instrument, payment thereof (People v.
Apparatus and Other Paraphernalia for Buenaventura, November 2011)
Dangerous Drugs (Section 12)
10. Possession of Dangerous Drugs During Parties, Note: Selling is any act of giving away any dangerous
Social Gatherings or Meetings (Section 13) drug and/or controlled precursor and essential
11. Possession of Equipment, Instrument, chemical whether for money or any other
consideration. (Sec.5)
Apparatus and Other Paraphernalia for

Dangerous Drugs During Parties, Social
Q: What are the elements that must be proven in
Gatherings or Meetings (Section 14)
prosecuting illegal sale of dangerous drugs?
12. Use of Dangerous Drugs (Section 15)

13. Cultivation or Culture of Plants Classified as
A: In a prosecution for illegal sale of dangerous
Dangerous Drugs or are Sources Thereof.
drugs, the following elements must be proven:
(Section 16)
1. That the transaction or sale took place;


2. That the corpus delicti or the illicit drug 3. Visitor of den, dive or resort who is aware of
was presented as evidence; and the nature of the place as such and shall
3. That the buyer and seller were identified. knowingly visit the same
(People v Edgardo Fermin, G.R. No.
179344, August, 3, 2011) Note: If such den or dive is owned by a 3rd person, the
following is required:
Q: What is crucial to the prosecution for illegal sale a. That the criminal complaint shall allege that
of dangerous drugs? such place is intentionally used in the
furtherance of the crime
A: It is evidence of the transaction, as well as the b. That the prosecution shall prove such intent
presentation in court of the corpus delicti. (Reyes v on the part of the owner to use the property
for such purpose
People, G.R. No. 174980,
c. That the owner shall be included as an
August 31, 2011)
accused in the criminal complaint

Q: Petitioner was found guilty beyond reasonable
Manufacture of:
doubt of illegal sale of shabu. In the buy-bust
a. Dangerous Drugs and/or Controlled Precursors
operation, there is non-compliance by the police
and Essential Chemicals
with the directive of Section 11, Article 11 of R.A.
b. Equipment, Instrument, Apparatus, and Other
No. 9165. Will it invalidate the integrity of the
Paraphernalia for Dangerous Drugs and/or
seized items?
Controlled Precursors and Essential Chemicals

(Sec.8)
A: No. Non-compliance with those requirements

under justifiable grounds shall not render void and
Q: What does manufacturing include?
invalid the seizures as long as the integrity and the

evidentiary value of the seized items are properly
A: It is the:
preserved. (People vs. Asmad, G.R. No. 184808,
1. The production, preparation,
November 14, 2011)
compounding or processing of any

dangerous drug and/or controlled
Q: If the car is stationary, can there be
precursor and essential chemical, either
transportation of dangerous drugs?
directly or indirectly or by extraction from

substances of natural origin, or
A: No. Transport as used under the Dangerous
independently by means of chemical
Drugs Act is defined to mean: to carry or convey
synthesis or by a combination of
from one place to another. The essential element
extraction and chemical synthesis,
of the charge is the movement of the dangerous
2. And shall include any packaging or
drug from one place to another. Since the accused
repackaging of such substances, design or
was arrested inside a car, when the car was not in
configuration of its form, or labeling or
transit such that the car was parked and stationary,
relabeling of its container;
then there is no transportation. The conclusion that
3. Except preparation, compounding,
the accused transported the drugs merely because
packaging or labeling of a drug or other
he was in a motor vehicle when he was accosted
substances by a duly authorized
with the drugs has no basis and is mere
practitioner as an incident to his/her
speculation. It is the responsibility of the
administration or dispensation of such
prosecution to prove the element of transport of
drug or substance in the course of his/her
dangerous drugs, namely, that transportation had
professional practice including research,
taken place, or that the accused had moved the
teaching and chemical analysis of
drugs some distance. (San Juan y Cruz v. People,
dangerous drugs or such substances that
May 2011)
are not intended for sale or for any other

purpose. (Sec.8)
Maintenance of a Den, Dive or Resort (Sec.6)

Illegal Chemical Diversion of Controlled Precursors
Q: Who are liable?
and Essential Chemicals. (Section 9)

A:
Q: How is illegal chemical diversion committed?
1. Owner of den, dive or resort where any

dangerous drug is used or sold in any form
A: The offender illegally diverts any controlled
2. Employee of den dive or resort who is aware
precursor and essential chemical by selling,
of the nature of the place as such
distributing, supplying or transporting legitimately
CRIMINAL LAW TEAM

imported, in transit, manufactured or procured illegal drug presented in court is the same illegal
controlled precursors and essential chemicals, in drug actually recovered from the accused-
diluted mixtures or in concentrated form to any appellant; otherwise, the prosecution for
person or entity engaged in the manufacture of any possession under Republic Act No. 9165 fails.
dangerous drug, and shall include packaging, (People v. Alcuizar, G.R. No. 189980, April 6, 2011)
repackaging, labeling, relabeling or concealment of
such transaction through fraud, destruction of Q: How can there be constructive possession
documents, fraudulent use of permits, under R.A. 9165?
misdeclaration, use of front companies or mail
fraud. A: While it is not necessary that the property to be
searched or seized should be owned by the person
Possession of: against whom the search warrant is issued, there
must be sufficient showing that the property is
a. Dangerous drugs (Sec. 11) under appellants control or possession.
b. Equipment, Instrument, Apparatus and Other Constructive possession exists when the drug is
Paraphernalia for Dangerous Drugs (Sec. 12) under the dominion and control of the accused or
c. Dangerous Drugs during Parties, Social when he has the right to exercise dominion and
Gatherings or Meetings (Sec. 13) control over the place where it is found. The
d. Equipment, Instrument, Apparatus and Other prosecution must prove that the accused had
Paraphernalia for Dangerous Drugs during Parties, knowledge of the existence and presence of the
Social Gatherings or Meetings (Sec. 14) drugs in the place under his control and dominion
and the character of the drugs. (Del Castillo v.
Q: What must be shown in prosecution of illegal People, G.R. No. 185128, January 30, 2012)
possession of dangerous drugs?
Q: If an accused was caught in possession of shabu
A: In the prosecution for illegal possession of and marijuana in one occasion, should he be
dangerous drugs, it must be shown that: charged with, and convicted of, one offense only?
1. The accused is in possession of an item or
an object identified to be a prohibited or A: Yes. The law do not address a case wherein an
a regulated drug; individual is caught in possession of different kinds
2. Such possession is not authorized by law; of dangerous drugs. However, it is a well-known
and rule of legal hermeneutics that penal or criminal
3. The accused freely and consciously laws are strictly construed against the State and
possessed the said drug. (People v liberally in favor of the accused. Thus, an accused
Vicente, G.R. No. 186387, August, 31, may only be convicted of a single offense of
possession of dangerous drugs if he or she was
2011)
caught in possession of different kinds of dangerous
drugs in a single occasion. If convicted, the higher
Note: The very act of throwing away the sachet, the
contents of which were later determined to
penalty shall be imposed, which is still lighter if the
be shabu, presupposes that accused-appellant had accused is convicted of two (2) offenses having two
prior possession of it. (Castro v People, G.R. No. (2) separate penalties. This interpretation is more
193379, August 15, 2011) in keeping with the intention of the legislators as
well as more favorable to the accused. (David v.
Q: What is the corpus delicti in the crime of illegal People, October 2011)
possession of dangerous drugs?
Use of dangerous drugs (Sec.15)
A: The dangerous drug itself, constitutes the very
corpus delicti of the offense and in sustaining a Note: Use is any act of injecting, intravenously or
conviction under Republic Act No. 9165, the intramuscularly, of consuming, either by chewing,
smoking, sniffing, eating, swallowing, drinking or
identity and integrity of the corpus delicti must
otherwise introducing into the physiological system of
definitely be shown to have been preserved. This
the body, and of the dangerous drugs.
requirement necessarily arises from the illegal

drug's unique characteristic that renders it
indistinct, not readily identifiable, and easily open

to tampering, alteration or substitution either by
A:
accident or otherwise. Thus, to remove any doubt
1. The accused was apprehended for the use of
or uncertainty on the identity and integrity of the
dangerous drugs
seized drug, evidence must definitely show that the


2. He was found to be positive for use of any Q: If any of the acts punishable under this Act is
dangerous drugs committed by an alien, what additional penalty is
3. No other dangerous drug was found in his imposed?
possession.
A: After service of sentence, he shall be deported
Note: Where the person tested is also found to have in immediately without further proceedings
his possession any other dangerous drugs, s/he shall
be prosecuted in accordance with Sec. 11, for illegal Q: What are the accessory penalties imposed?
possession of dangerous drugs.
A: Civil interdiction , suspension of political rights
Cultivation or culture of plants classified as such as the right to vote and be voted for
Dangerous Drugs or are sources thereof (Sec. 16)
Q: What are the aggravating circumstances which
Q: What does cultivation mean in R.A. 9165? may be considered in prosecuting cases of
Dangerous Drugs?
A: Cultivation is any act of knowingly planting,
growing, raising, or permitting the planting, A:
growing or raising of any plant which is the source 1. If the importation or bringing into the
of a dangerous drug. Philippines of any dangerous drugs and/or
controlled precursor and essential chemicals
Maintenance and Keeping of Original Records of was done through the use of diplomatic
Transactions on Dangerous Drugs and/or passport, diplomatic facilities or any other
Controlled Precursors and Essential Chemicals means involving his/her official status
(Sec.17) intended to facilitate the unlawful entry of the
same. (Section 4, R.A. 9165)
Q: Who are liable? 2. The sale trading, administration, dispensation,
delivery, distribution or transportation of any
A: Any practitioner, manufacturer, wholesaler, dangerous drug and/or controlled precursor
importer, distributor, dealer or retailer who violates and essential chemical transpired within one
or fails to comply with the maintenance and hundred (100) meters from the School.
keeping of the original records of transactions on (Section 5, R.A. 9165)
any dangerous drug and/or controlled precursor 3. The drug pusher use minors or mentally
and essential chemical in accordance with Section incapacitated individuals as runners, couriers
40 of this Act. and messenger, or in any other capacity
directly connected to the dangerous drug
Unnecessary Prescription of Dangerous Drugs (Sec. and/or controlled precursor and essential
18) chemical trade. (Section 5, R.A. 9165)
4. The victim of the offense is a minor or
Q: Who are liable? mentally incapacitated individual, or should a
dangerous drug and/or controlled precursor
A: Any practitioner, who shall prescribe any and essential chemicals involved `in any
dangerous drug to any person whose physical or offense be the proximate cause of death of a
physiological condition does not require the use or victim. (Section 5, R.A. 9165)
in the dosage prescribed therein, as determined by 5. In case the clandestine laboratory is
the Board in consultation with recognized undertaken or established under the following
competent experts who are authorized circumstances:
representatives of professional organizations of a. Any phase of the manufacturing process
practitioners, particularly those who are involved in was conducted in the presence or with
the care of persons with severe pain. the help of minor/s
b. Any phase of manufacturing process was
Unlawful Prescription of Dangerous Drugs (Sec. 19) established or undertaken within one
hundred (100) meters of a residential,
Q: Who are liable? business, church or school premises.
c. Any clandestine laboratory was secured
A: Any person, who, unless authorized by law, shall or protected with booby traps.
make or issue a prescription or any other writing d. Any clandestine laboratory was concealed
purporting to be a prescription for any dangerous with legitimate business operations.
drug.

CRIMINAL LAW TEAM

e. Any employment of a practitioner, The use of initials to mark the money used in a buy-
chemical engineer, public official or bust operation has been accepted by this Court.
foreigner. (Section 8, R.A. 9165) (People v. Amansec, G.R. No. 186131, December 14,
6. In case the person uses a minor or a mentally 2011)
incapacitated individual to deliver equipment,
instrument, apparatus and other paraphernalia Q: In buy-bust operation, is prior surveillance
use for dangerous drugs. (Section 10, R.A. necessary?
9165)
7. Any person found possessing any dangerous A: Prior surveillance is not a prerequisite for the
drug during a party, or a social gathering or validity of an entrapment or a buy-bust operation,
meeting, or in the proximate company of at there being no fixed or textbook method for
least two (2) persons. (Section 13, R.A. 9165) conducting one. It is enough that the elements of
8. Possession or having under his/her control any the crime are proven by credible witnesses and
equipment, instrument, apparatus and other other pieces of evidence. (People v. Villahermosa,
paraphernalia fit of intended for smoking, G.R. No. 186465 June 1, 2011)
consuming, administering, injecting, ingesting
or introducing any dangerous drug into the Q: Does the absence of coordination with PDEA
body, during parties, social gatherings or render the buy bust operation invalid?
meetings, or in the proximate company of at
least two (2) persons. (Section 14, R.A. 9165) A: No. In People v. Roa, this Court held that
coordination with the PDEA is not an indispensable
Q: What is the nature of a buy-bust operation? requirement before police authorities may carry
out a buy-bust operation. While it is true that
A: In People v. Sembrano citing People v. Section 86 of Republic Act No. 9165 requires the
Agulay, this Court held that a buy-bust operation is National Bureau of Investigation, PNP and the
a form of entrapment which in recent years has Bureau of Customs to maintain "close coordination
been accepted as a valid and effective mode of with the PDEA on all drug related matters," the
apprehending drug pushers. Moreover, in a buy- provision does not, by so saying, make PDEAs
bust operation, the violator is caught in flagrante participation a condition sine qua non for every
delicto and the police officers conducting the same buy-bust operation. After all, a buy-bust is just a
are not only authorized but also duty-bound to form of an in flagrante arrest. A buy-bust operation
apprehend the violator and consequently search is not invalidated by mere non-coordination with
him for anything that may have been part of or the PDEA. (People v. Islan, G.R. No. 185721,
used in the commission of the crime. (People v. Cruz September 28, 2011)
y Cruz, G.R. No. 187047, June 15, 2011)
Note: The Internal Rules and Regulations
Note: The delivery of the contraband to the poseur- implementing the law, is silent as to the
buyer and the receipt of the marked money consequences of the failure on the part of the law
consummate the buy-bust transaction between the enforcers to seek the authority of the PDEA prior to
entrapping officers and the accused. The presentation conducting a buy-bust operation. This silence cannot
in court of the corpus delicti the body or substance be interpreted as a legislative intent to make an arrest
of the crime establishes the fact that a crime has without the participation of PDEA illegal or evidence
actually been committed. (People v Edgardo Fermin, obtained pursuant to such an arrest inadmissible.
August, 2011) (People v. Sadablab, G.R. No. 186392, January 18, 2012
reiterating People v. Berdadero)
Q: What is the purpose of using ultra violet
powder? Q: Is presentation of the informant essential for
conviction under RA 9165?
A: The only purpose for treating with ultra-violet
powder the buy-bust money to be used in the A: No. The presentation of an informant in an illegal
actual buy-bust operation is for identification, that drugs case is not essential for the conviction nor is
is, to determine if there was receipt of the buy-bust it indispensable for a successful prosecution
money by the accused in exchange for the illegal because his testimony would be merely
drugs he was selling. (People v Islan, September corroborative and cumulative. The informants
2011) testimony is not needed if the sale of the illegal
drug has been adequately proven by the
Note: The failure of the police officers to use prosecution. In People v. Nicolas, the Court ruled
ultraviolet powder on the buy-bust money is not an that police authorities rarely, if ever, remove the
indication that the buy-bust operation was a sham. cloak of confidentiality with which they surround


their poseur-buyers and informers since their Q: What are the links that must be established in
usefulness will be over the moment they are the chain of custody in a buy-bust situation?
presented in court. Moreover, drug dealers do not
look kindly upon squealers and informants. It is A: In People v. Kamad, the Court acknowledged that
understandable why, as much as permitted, their the following links must be established in the chain
identities are kept secret. (People v. Amansec, G.R. of custody in a buy-bust situation:
No. 186131, December 14, 2011) 1. The seizure and marking, if practicable, of
the illegal drug recovered from the
Q: What is the objective test in proving buy-bust accused by the apprehending officer;
operation? 2. The turnover of the illegal drug seized by
the apprehending officer to the
A: In People v. Doria, the Court laid down the investigating officer;
objective test in determining the credibility of 3. The turnover by the investigating officer
prosecution witnesses regarding the conduct of of the illegal drug to the forensic chemist
buy-bust operations. It is the duty of the for laboratory examination; and
prosecution to present a complete picture detailing 4. The turnover and submission of the
the buy-bust operationfrom the initial contact marked illegal drug seized from the
between the poseur-buyer and the pusher, the forensic chemist to the court. (People v.
offer to purchase, the promise or payment of the Marcelino, G.R. No. 189325, June 15,
consideration until the consummation of the sale 2011)
by the delivery of the illegal drug subject of
sale. (People v. De la Cruz, G.R. No. 185717, June Q: What is the crucial stage in the chain of custody
8, 2011) under R.A. 9165?

Q: When is there a failure to establish corpus A: Crucial in proving chain of custody is the
delicti under RA 9165? marking of the seized drugs or other related items
immediately after they are seized from the accused.
A: It is settled that the State does not establish the Marking after seizure is the starting point in the
corpus delicti when the prohibited substance custodial link, thus, it is vital that the seized
subject of the prosecution is missing or when contraband are immediately marked because
substantial gaps in the chain of custody of the succeeding handlers of the specimens will use the
prohibited substance raise grave doubts about the markings as reference. The marking of the evidence
authenticity of the prohibited substance presented serves to separate the marked evidence from the
as evidence in court. Any gap renders the case for corpus of all other similar or related evidence from
the State less than complete in terms of proving the the time they are seized from the accused until they
guilt of the accused beyond reasonable doubt. are disposed of at the end of criminal proceedings,
(People v. Relato, G.R. No. 173794, January 18, obviating switching, "planting," or contamination of
2012) evidence. (People v. Mantalaba, G.R. No. 186227,
July 20, 2011)
Q: How is chain of custody defined?
Q: What is the meaning of marking?
A: Dangerous Drugs Board Regulation No. 1, Series
of 2002, which implements R.A. No. 9165, defines A: Marking means the placing by the
chain of custody as the duly recorded authorized apprehending officer or the poseur-buyer of his/her
movements and custody of seized drugs or initials and signature on the items seized. Long
controlled chemicals or plant sources of dangerous before Congress passed R.A. No. 9165, this Court
drugs or laboratory equipment of each stage, from has consistently held that failure of the authorities
the time of seizure/confiscation to receipt in the to immediately mark the seized drugs casts
forensic laboratory to safekeeping to presentation reasonable doubt on the authenticity of the corpus
in court for destruction. (People v Dela Cruz, G.R. delicti. Marking after seizure is the starting point in
No. 176350, August 10, 2011) the custodial link; hence, it is vital that the seized
contraband be immediately marked because
Note: Ideally, the custodial chain would include succeeding handlers of the specimens will use the
testimony about every link in the chain or movements markings as reference. (People v Dela Cruz, G.R. No.
of the illegal drug, from the moment of seizure until it 176350, August 10, 2011)
is finally adduced in evidence. (Castro v. People, G.R.
No. 193379, August 15, 2011) Note: In Sanchez, the Court explained that consistency
with the chain of custody rule requires that the
marking of the seized items be done:
CRIMINAL LAW TEAM

1. In the presence of the apprehended is justifiable ground therefor, and as long as the
violator, and integrity and the evidentiary value of the
2. Immediately upon confiscation. confiscated/seized items, are properly preserved
by the apprehending officer/team. When will this
In People v. Manuel Resurreccion, 603 SCRA provision not apply?
510, it was ruled that marking upon
immediate confiscation does not exclude
A: If there were not merely trifling lapses in the
the possibility that marking can be at the
handling of the evidence taken from the accused
police station or office of the apprehending
but the prosecution could not even establish what
team. (People v Dela Cruz, G.R. No. 176350,
August 10, 2011)
procedure was followed by the arresting team to
ensure a proper chain of custody for the
Q: In whose presence must the seized items be confiscated prohibited drug. (People v. Ulat y
physically inventoried and photographed? Aguinaldo, G.R. No. 180504, October 5, 2011)

A: In the presence of the accused or the person/s Q: Is there a need for everyone who came into
from whom such items were confiscated and/or contact with the seized drugs to testify in court?
seized, or his/her
1. Representative or counsel, A: No. There is nothing in Republic Act No. 9165 or
2. A representative from the media and in its implementing rules, which requires each and
3. The Department of Justice (DOJ), and everyone who came into contact with the seized
4. Any elected public official who shall be drugs to testify in court. As long as the chain of
required to sign the copies of the custody of the seized drug was clearly established
inventory and be given a copy to have not been broken and the prosecution did
thereof (Tibagong v People, G.R. No. not fail to identify properly the drugs seized, it is
182178, August 15, 2011) not indispensable that each and every person who
came into possession of the drugs should take the
Q: In the crime of illegal possession of dangerous witness stand. (People v. Amansec, G.R. No.
drugs, is the failure of the policemen to make a 186131, December 14, 2011)
physical inventory and to photograph the two
plastic sachets containing shabu render the Attempt or Conspiracy, Effect on liability
confiscated items inadmissible in evidence?
Q: What is the effect of attempt or conspiracy on
A: No. In People v. Bralaan it was ruled that non- the criminal liability?
compliance by the apprehending/buy-bust team
with Section 21 is not fatal as long as there is A: The accused shall be penalized by the same
justifiable ground therefore, and as long as the penalty prescribed for the commission of the same
integrity and the evidentiary value of the as provided under:
confiscated/seized items, are properly preserved by 1. Importation of any dangerous drug
the apprehending officer/team. Its non-compliance and/or controlled precursor and essential
will not render an accuseds arrest illegal or the chemical
items seized/confiscated from him inadmissible. 2. Sale, trading, administration,
What is of utmost importance is the preservation of dispensation, delivery, distribution and
the integrity and the evidentiary value of the seized transportation of any dangerous drug
items, as the same would be utilized in the and/or controlled precursor and essential
determination of the guilt or innocence of the chemical
accused. (Imson v. People, G.R. No. 193003, July 13, 3. Maintenance of a den, dive or resort
2011) where any dangerous drug is used in any
form
Note: In cases of dangerous drugs, what is important 4. Manufacture of any dangerous drug
and necessary is for the prosecution to prove with and/or controlled precursor and essential
moral certainty that the dangerous drug presented in chemical
court as evidence against the accused be the same 5. Cultivation or culture of plants which are
item recovered from his possession. (People v. sources of dangerous drugs.
Bautista, G.R. No. 191266, June 6, 2011)
Q: Can conspiracy be appreciated in case of
Q: As a rule, non-compliance by the possession of dangerous drugs?
apprehending/buy-bust team with Section 21 of
Republic Act No. 9165 is not fatal as long as there


A: No. The crime of conspiracy to commit Dangerous Drugs or are Sources

possession of dangerous drugs does not exist. Thereof), Article II of R.A. 9165
Simply put, the circumstance of conspiracy is not e. About any violation of the
appreciated in the crime of possession of offenses mentioned if
dangerous drugs under Section 11, Article II of R.A. committed by a drug syndicate,
9165. (Posiquit v. People, January 2012) or
f. Leading to the whereabouts,
Immunity from prosecution and punishment identities and arrest of all or
any of the members thereof
Q: Who shall be exempt from prosecution and
punishment under RA 9165? 6. Willingly testifies against such persons as
described above
A: Any person who:
4. Has violated Section 7 (Employees and Provided, That the following conditions concur:
Visitors of a Den, Dive or Resort), Section 6. The information and testimony are
11 (Possession of Dangerous Drugs), necessary for the conviction of the
Section 12 (Possession of Equipment, persons described above
Instrument, Apparatus and Other 7. Such information and testimony are not
Paraphernalia for Dangerous Drug), yet in the possession of the State
Section 14 (Possession of Equipment, 8. Such information and testimony can be
Instrument, Apparatus and Other corroborated on its material points
Paraphernalia for Dangerous Drugs 9. The informant or witness has not been
During Parties, Social Gatherings or previously convicted of a crime involving
Meetings), Section 15 (Use of Dangerous moral turpitude, except when there is no
Drugs), and Section 19 (Unlawful other direct evidence available for the
Prescription of Dangerous Drugs), Article State other than the information and
II of R.A. 9165 testimony of said informant or witness
10. The informant or witness shall strictly and
5. Voluntarily gives information faithfully comply without delay, any
d. About any violation of Section 4 condition or undertaking, reduced into
(Importation of Dangerous writing, lawfully imposed by the State as
Drugs and/or Controlled further consideration for the grant of
Precursors and Essential immunity from prosecution and
Chemicals), Section 5 (Sale, punishment.
Trading, Administration,
Dispensation, Delivery, Note: Provided, further, That this immunity may be
Distribution and Transportation enjoyed by such informant or witness who does not
of Dangerous Drugs and/or appear to be most guilty for the offense with reference to
which his/her information or testimony were
Controlled Precursors and
given: Provided, finally, That there is no direct evidence
Essential Chemicals), Section 6 available for the State except for the information and
(Maintenance of a Den, Dive or testimony of the said informant or witness
Resort), Section 8 (Manufacture
of Dangerous Drugs and/or
Controlled Precursors and
Essential Chemicals), Section 10
(Manufacture or Delivery of
Equipment, Instrument,
Apparatus, and Other
Paraphernalia for Dangerous
Drugs and/or Controlled
Precursors and Essential
Chemicals), Section 13
(Possession of Dangerous Drugs
During Parties, Social
Gatherings or Meetings), and
Section 16 (Cultivation or
Culture of Plants Classified as
CRIMINAL LAW TEAM

BOOK 2: CRIMES PUBLIC MORALS
CRIMES AGAINST PUBLIC MORALS

Note: The highly scandalous conduct should not fall
Note: Arts. 195-196 have been repealed and modified within any other article of the RPC. Thus, this article
by P.D. Nos. 449, 483 and 1602, as amended by Letters provides for a crime of last resort.
of Instructions No. 816. Arts.197-199 has been
repealed and modified by P.D. 483 and P.D. 449. Q: What is the difference between grave scandal
and alarms and scandal?
OFFENSES AGAINST DECENCY AND GOOD
CUSTOMS A:
GRAVE SCANDAL ALARMS AND SCANDAL
Grave Scandal The scandal is committed The disturbance or
Art. 200 with the consent of the scandal is committed
offender and without while intoxicated or
Q: What is grave scandal? being intoxicated or otherwise
otherwise
A: It consists of acts which are offensive to decency The scandal involved The purpose is to
and good customs which, having been committed refers to moral scandal disturb public place
publicly, have given rise to public scandal to offensive to decency or
persons who have accidentally witnessed the same. good customs, although
it does not disturb public
Q: What are the elements of grave scandal? peace. But such conduct
or act must be open to
A: the public view.
1. Offender performs an act or acts;
2. Such act or acts be highly scandalous as Immoral Doctrines, Obscene Publications and
offending against decency or good customs; Exhibitions, and Indecent Shows
3. Highly scandalous conduct is not expressly Art. 201 as amended by P.D. 969
falling within any other article of this Code;
4. Act or acts complained of be committed in a Q: Who are the persons liable?
public place or within the public knowledge or
view. A:
1. Those who shall publicly expound or proclaim
Note: There should be consent to do the scandalous doctrines openly contrary to public morals;
act. If the scandalous act was done without consent, 2. Authors of obscene literature, published with
the crime committed may be acts of lasciviousness or their knowledge in any form, the editors
violation of R.A. 7610 if a child is involved publishing such literature; and the
owners/operators of the establishment selling
Q: Can an act offensive to decency performed in a the same;
private place constitute grave scandal? 3. Those who, in theaters, fairs, cinematographs,
or any other place, exhibit indecent or immoral
A: Yes. However, the act must be open to public plays, scenes, acts, or shows, it being
view for it to be actionable. understood that the obscene literature or
indecent or immoral plays, scenes, acts or
Note: If committed in a public place, the performance
shows, whether live or in film, which are
of the act offensive to decency is already a crime even
proscribed by virtue hereof, shall include those
though there is no third party looking at it. Public view
which:
is not required. The public character of the place is
sufficient. a. glorify criminals or condone crimes;
b. serve no other purpose but to satisfy the
Q: X, an 11 year-old girl, had sexual intercourse market for violence, lust or pornography;
with her 18 year-old boyfriend Y. They performed c. offend any race, or religion;
the act in a secluded vacant lot. Unknown to them, d. tend to abet traffic in and use of
there was a roving policeman at that time. Hence, prohibited drugs;
they were arrested. What crime did they commit? e. contrary to law, public order, morals,
good customs, established policies, lawful
A: The sexual intercourse with the girl constitutes orders, decrees and edicts;
statutory rape. Though the act was carried out in a 4. Those who shall sell, give away, or exhibit
public place, criminal liability for grave scandal films, prints, engravings, sculptures, or
cannot be incurred. literatures which are offensive to morals.


decree results in an acquittal, the obscene or

Note: The object of the law is to protect the morals of immoral literature, films, prints, engravings,
the public. sculpture, paintings or other materials and articles
involved in the violation shall nevertheless be
Q: What will be the penalty in case the offender is forfeited in favor of the government to be
a government official or employee who allows the destroyed. In this case, the destruction of the hard
violation of Section 1? disks and the software used in any way in the
violation of the subject law addresses the purpose
A: The penalty as provided herein shall be imposed of minimizing if not eradicating pornography.
in its maximum period and, in addition, the (Nograles v. People, G.R. No. 191080, November 21,
accessory penalties provided for in the Revised 2011)
Penal Code shall likewise be imposed.
Vagrants and Prostitutes
Q: Is publicity an essential element of this offense? Art. 202

A: Yes. This offense in any of the forms mentioned Q: Who are vagrants?
is committed only when there is publicity. It is an
essential element. A:
1. Any person having no apparent means of
Q: What is the test of obscenity? subsistence, who has the physical ability to
work and who neglects to apply himself or
A: The test is whether the tendency of the matter herself to some lawful calling;
charged as obscene is to deprave or corrupt those 2. Any person found loitering about public or
whose minds are open to such immoral influences, semi-public buildings or places, or tramping or
and into whose hands such publication may fall and wandering about the country or the streets
also whether or not such publication or act shocks without visible means of support;
the ordinary and common sense of men as an 3. Any idle or dissolute person who lodges in
indecency. (U.S. v. Kottinger, 45 Phil. 352) houses of ill-fame; ruffians or pimps and those
who habitually associate with prostitutes;
Note: The test is objective. It is more on the effect
4. Any person who, not being included in the
upon the viewer and not alone on the conduct of the
provisions of other articles of this Code, shall
performer.
be found loitering in any inhabited or

uninhabited place belonging to another
Q: When does the author of obscene literature
without any lawful or justifiable purpose.
become liable?

Q: Who are prostitutes?
A: The author becomes liable if it is published with

his knowledge.
A: They are women who, for money or profit,

habitually indulge in sexual intercourse or lascivious
Note: In every case, the editor publishing it is liable.
conduct.
Q: If the viewing of pornographic materials is done
Note: Sexual intercourse is not a necessary element to
privately, can there be violation of Art. 201?
constitute prostitution. Mere indulging in lascivious

conducts habitually because of money or gain would
A: No. What is protected is the morality of the amount to prostitution.
public in general. The law is not concerned with the
moral of one person. Q: Is the term prostitution applicable to a man?

Q: The criminal case for violation of Article 201 of A: No. The term is applicable only to a woman who,
RPC was dismissed because there was no concrete for money or profit, habitually engages in sexual
and strong evidence pointing them as the direct intercourse or lascivious conduct. A man who
source of pornographic materials. Can petitioner engages in the same conduct is not a prostitute but
now recover the confiscated hard disk containing a vagrant.
the pornographic materials?
Q: Is there a crime of prostitution by conspiracy?
A: No. Petitioner had no legitimate expectation of
protection of their supposed property rights. P.D. A: There is none. One who conspires with a woman
969 which amended Art. 201 also states that where in the prostitution business like pimps, taxi drivers
the criminal case against any violation of this
CRIMINAL LAW TEAM

BOOK 2: CRIMES PUBLIC MORALS
or solicitors of clients are guilty of the crime under A: All persons serving sentence for violation of the
Article 341 for white slavery. provisions of Article 202 of the Revised Penal Code
on Vagrancy prior to its amendment by this Act
Mendicancy Law of 1978 (P.D. 1563) shall be immediately released upon effectivity of
this Act: Provided, That they are not serving
Q: Who are liable under the Mendicancy Law or sentence or detained for any other offense or
P.D. 1563? felony.

A: Q: When was the law approved?
1. Mendicant one who has no visible and legal
means of support, or lawful employment and A: March 27, 2012. It shall take effect fifteen (15)
who is physically able to work but neglects to days after its publication in the Official Gazette or in
apply himself to some lawful calling and at least two (2) newspapers of general circulation.
instead uses begging as means of living.
2. Any person who abets mendicancy by giving Q: If a person is charged with mendicancy, can he
alms directly to mendicants, exploited infants, invoke the provisions of this law?
and minors on public roads, sidewalks, parks
and bridges. A: No. R.A. 10158 specifically refers to
decriminalizing vagrancy. Moreover, a mendicant
differs from a vagrant since in mendicancy, it is
An Act Decriminalizing Vagrancy, Amending for
this Purpose Article 202 of Act No. 3815, as essential that the accused uses begging as a means
of living, unlike vagrants who merely neglects a
Amended, otherwise known as the Revised Penal
lawful calling even if he has the physical ability to
Code (R.A. 10158)
work, irrespective of whether he has a means of

living (through begging) or none.
Q: What is the effect of the new law?

A: Vagrancy is no longer a crime. Under Art. 202,
only prostitutes can be punished. R.A. 10158 has
already decriminalized vagrancy and amended Art.
202 as follows:

Article 202. Prostitutes; Penalty. For
the purposes of this article, women who,
for money or profit, habitually indulge in
sexual intercourse or lascivious conduct,
are deemed to be prostitutes.

Any person found guilty of any of the
offenses covered by this article shall be
punished by arresto menor or a fine not
exceeding 200 pesos, and in case of
recidivism, by arresto mayor in its
medium period to prision correctional in
its minimum period or a fine ranging from
200 to 2,000 pesos, or both, in the
discretion of the court.

Q: What is the effect of the law on pending cases?

A: All pending cases under the provisions of Article
202 of the Revised Penal Code on Vagrancy prior to
its amendment by this Act shall be dismissed upon
the effectivity of this Act.

Q: What is the effect of the law on Convicted
Persons?



CRIMES COMMITTED BY PUBLIC OFFICERS public office.(Javier v. Sandiganbayan, GR 147026-

27, September 11, 2009)
MALFEASANCE AND MISFEASANCE IN OFFICE
Public Officers

Art. 203
Q: What are the three forms of breach of oath or

duty?
Q: How can a person be considered a public

officer?
A:

MISFEASANCE MALFEASANCE NONFEASANCE
A: To be a public officer, one must be
Improper Performance Omission of
1. Taking part in the performance of public
performance of of some act some act
functions in the Government, or
some act which which ought which ought
performing in said Government or in any
might be lawfully not to be to be
of its branches public duties as an
done. done. performed.
employee, agent or subordinate official,

of any rank or class; and
Q: What are crimes of misfeasance?
2. That his authority to take part in the

performance of public functions or to
A:
perform public duties must be
1. Knowingly rendering unjust judgment
a. by direct provision of the law, or
2. Rendering judgment through negligence
b. by popular election, or
3. Rendering unjust interlocutory order
c. by appointment by competent
4. Malicious delay in the administration of justice
authority.

Q: What are crimes of malfeasance?
Note: The term public officers embraces every public
servant from the highest to the lowest rank. All public
servants from the President down to the garbage A:
collector if employed and paid by the government 1. Direct bribery
come within this term. 2. Indirect bribery

Q: How is the term public officer defined under Q: What is a crime of nonfeasance?
R.A. No. 3019?
A: Dereliction of duty in the prosecution of offenses
A: Under R.A. No. 3019, the term public officer
includes elective and appointive officials and Knowingly Rendering Unjust Judgment
employees, permanent or temporary, whether in Art. 204
the classified or unclassified or exemption service
receiving compensation, even nominal, from the Q: What are the elements of this crime?
government.
A:
Q: Javier was charged with malversation of public 1. Offender is a judge;
funds. She was the private sector representative in 2. He renders a judgment in a case submitted to
the National Book Development Board (NBDB), him for decision;
which was created by Republic Act (R.A.) No. 8047, 3. Judgment is unjust;
otherwise known as the Book Publishing Industry 4. The judge knows that his judgment is unjust.
Development Act. Is Javier, a private sector
representative to the board a public officer? Q: What is judgment?

A: Yes. Notwithstanding that Javier came from the A: It is the final consideration and determination of
private sector to sit as a member of the NBDB, the a court of competent jurisdiction upon the matters
law invested her with some portion of the submitted to it, in an action of proceeding.
sovereign functions of the government, so that the
purpose of the government is achieved. In this case, It must be written in the official language,
the government aimed to enhance the book personally and directly prepared by the judge and
publishing industry as it has a significant role in the signed by him and shall contain clearly and
national development. Hence, the fact that she was distinctly a statement of the facts and the law upon
appointed from the public sector and not from the which it is based.
other branches or agencies of the government does
not take her position outside the meaning of a Q: What is an unjust judgment?
CRIMINAL LAW TEAM

BOOK 2: CRIMES COMMITTED BY PUBLIC OFFICERS
promulgating an unjust judgment or order. (De Vera v.

A: An unjust judgment is one which is contrary to Pelayo, G.R. No. 137354, July 6, 2000)
law or is not supported by the evidence or both.
Q: Is abuse of discretion or mere error of judgment
Q: What are the sources of an unjust judgment? punishable?

A: A: No. A judge can only be held liable for gross
1. Error ignorance of the law if it can be shown that he
2. Ill-will or revenge committed an error so gross and patent as to
3. Bribery produce an inference of bad faith. In addition to
this, the acts complained of must not only be
Note: It must be shown by positive evidence that the contrary to existing law and jurisprudence, but
judgment was rendered by the judge with conscious should also be motivated by bad faith, fraud,
and deliberate intent to do an injustice. dishonesty, and corruption. (Antonio Monticalbo v.
Judge Cresente F. Maraya, Jr., A.M. No. RTJ-09-
Q: Can this crime be committed by the 2197, April 13, 2011)
member/justices of the appellate courts?
Unjust Interlocutory Order
A: No. In collegiate courts like the CA and SC, not Art. 206
only one magistrate renders or issues the judgment
or interlocutory order. Conclusions and resolutions Q: What are the elements of this crime?
thereof are handed down only after deliberations
among the members, so that it cannot be said that A:
there is malice or inexcusable negligence or 1. Offender is a judge;
ignorance in the rendering of a judgment or order 2. He performs any of the following acts:
that is supposedly unjust. a. knowingly renders unjust interlocutory
order or decree; or
Judgment Rendered through Negligence b. renders a manifestly unjust interlocutory
Art. 205 order or decree through inexcusable
negligence or ignorance.
Q: What is an interlocutory order?
A:
1. Offender is a judge; A: It is an order issued by the court between the
2. He renders a judgment in a case submitted to commencement and the end of a suit or action and
him for decision; which decides some point or matter. However, it is
3. Judgment is manifestly unjust; not a final decision of the matter in issue.
4. It is due to his inexcusable negligence or
ignorance. Q: What is the test in determining whether an
order or judgment is interlocutory or final?
Q: What is a manifestly unjust judgment?
A: If it leaves something to be done in the trial court
A: A manifestly unjust judgment is a judgment with respect to the merits of the case, it is
which cannot be explained with reasonable interlocutory; if it does not, it is final.
interpretation or is a clear, incontrovertible and
notorious violation of a legal precept. It must be Malicious Delay in the Administration of Justice
patently contrary to law if rendered due to Art. 207
ignorance or inexcusable negligence.
Note: Before a civil or criminal action against a judge
for violations of Articles 204 and 205 can be
A:
entertained, there must be a final and authoritative
1. Offender is a judge;
judicial declaration that the decision or order in
2. There is a proceeding in his court;
question is indeed unjust. The pronouncement may
result from either: (a) an action for certiorari or 3. He delays the administration of justice;
prohibition in a higher court impugning the validity of 4. The delay is malicious, that is, the delay is
a judgment, or (b) an administrative proceeding in the caused by the judge with deliberate intent to
Supreme Court against the judge precisely for inflict damage on either party in the case.



Note: If the delay is not malicious, but committed A: Yes, because a Barangay Chairman is expressly
through gross negligence, the crime committed is authorized by law to prosecute violators of laws
that under R.A. 3019, Sec. 3(e). within their jurisdiction. If he does not do so, he can
be prosecuted for dereliction of duty.
Prosecution of Offenses; Negligence and Tolerance
Art. 208 Q: If a police officer tolerates the commission of a
crime or otherwise refrains from apprehending the
Q: What are the punishable acts? offender, is he liable for dereliction of duty?

A: A: No. Such police officer does not have the duty to
1. Maliciously refraining from instituting prosecute or to move the prosecution of the
prosecution against violators of law. offender. It is the Chief of police which has the duty
2. Maliciously tolerating the commission of to do so. He can however be prosecuted as follows:
offenses. 1. An accessory to the crime committed by
the principal in accordance with Article
Q: What are the elements of dereliction of duty in 19, paragraph 3; or
the prosecution of offenses? 2. He may become a fence if the crime
committed is robbery or theft, in which
A: case he violates the Anti-Fencing Law; or
1. Offender is a public officer or officer of the law 3. He may be held liable for violating the
who has a duty to cause the prosecution of, or Anti-Graft and Corrupt Practices Act.
to prosecute, offenses;
2. There is dereliction of the duties of his office, Note: Officers, agents or employees of the Bureau of
that is, knowing the commission of the crime, Internal Revenue are not covered by this article as
he does not cause the prosecution of the well.
criminal, or knowing that a crime is about to
be committed, he tolerates its commission; Betrayal of Trust by an Attorney or Solicitor
Betrayal of Secrets
Note: Dereliction of duty caused by poor Art. 209
judgment or honest mistake is not punishable.
Q: What are the punishable acts?
3. Offender acts with malice and deliberate
intent to favor the violator of the law. A:
1. Causing damage to his client, either:
Q: Who can be the offenders under this article? a. by any malicious breach of professional
duty;
A: b. by inexcusable negligence or ignorance.
1. Public officer officers of the prosecution
department, whose duty is to institute criminal 2. Revealing any of the secrets of his client
proceedings for felonies upon being informed learned by him in his professional capacity.
of their perpetration.
2. Officer of the law those who are duty-bound Note: Damage is not necessary. The mere fact
to cause the prosecution and punishment of that a secret has been revealed is already
the offenders by reason of the position held by punishable.
them.
3. Undertaking the defense of the opposing party
Q: What is the liability of a public officer who, in the same case, without the consent of his
having the duty of prosecuting the offender, first client, after having undertaken the
harbored, concealed, or assisted in the escape of defense of said first client or after having
the latter? received confidential information from said
client.
A: He is a principal in the crime defined and
penalized in Art. 208. Such public officer is not Note: If the client consents to it, there is no
merely an accessory. crime.

Q: Can a Barangay Chairman be held liable for Illustration:
dereliction of duty?
The Code of Professional Responsibility
mandates lawyers to serve their clients with
CRIMINAL LAW TEAM

competence and diligence. Rule 18.03 and permitted to represent a party in a case before an
Rule 18.04 state: Rule 18.03. A lawyer shall inferior court.
not neglect a legal matter entrusted to him,
and his negligence in connection therewith Note: There is no solicitor or procurador judicial under
shall render him liable; Rule 18.04. A lawyer the Rules of Court
shall keep the client informed of the status of
his case and shall respond within a reasonable Direct Bribery
time to the clients request for information. Art. 210

A lawyer breached these duties when he failed Q: How is the crime of bribery committed?
to reconstitute or turn over the records of the
case to his client. His negligence manifests lack A: Bribery is committed when a public officer
of competence and diligence required of every receives a gift, present, offer or promise, by reason
lawyer. His failure to comply with the request or in connection with the performance of his official
of his client was a gross betrayal of his duties. Bribery requires the concurrence of the will
fiduciary duty and a breach of the trust of the corruptor and the public officer otherwise
reposed upon him by his client. His sentiment the crime is not consummated (Boado, 2008)
against his client is not a valid reason for him
to renege on his obligation as a lawyer. The Note: Bribery refers to the act of the receiver. The act
moment he agreed to handle the case, he was of the giver is corruption of public official.
bound to give it his utmost attention, skill and
competence. Public interest requires that he Q: What are the punishable acts?
exert his best efforts and all his learning and
ability in defense of his clients cause. Those A:
who perform that duty with diligence and 1. Agreeing to perform or performing an act
candor not only safeguard the interests of the pertaining to the duties of the office which
client, but also serve the ends of justice. They constitutes a crime If the act or omission
do honor to the bar and help maintain the amounts to a crime, it is not necessary that the
communitys respect for the legal profession. corruptor should deliver the consideration or
(Patricio Gone vs. Atty. Macario Ga, A.C. No. the doing of the act. Mere promise is
7771, April 6, 2011) sufficient. The moment there is a meeting of
the minds, even without the delivery of the
Q: What is the rule with regard to communications consideration, even without the public officer
made with prospective clients? performing the act amounting to a crime,
bribery is already committed on the part of the
A: Under the rules on evidence, communications public officer. Corruption is already committed
made with prospective clients to a lawyer with a on the part of the supposed giver.
view to engaging his professional services are
already privileged even though client-lawyer 2. Accepting a gift in consideration of the
relationship did not eventually materialize because execution of an act which does not constitute a
the client cannot afford the fee being asked by the crime (but which must be unjust) If the act or
lawyer. omission does not amount to a crime, the
consideration must be delivered by the
Q: Are all information confided to counsel corruptor before a public officer can be
classified as privileged? prosecuted for bribery. Mere agreement is not
enough to constitute the crime because the
A: No. A distinction must be made between act to be done in the first place is legitimate or
confidential communications relating to past crimes in the performance of the official duties of the
already committed, and future crimes intended to public official.
be committed, by the client. It is admitted that the
announced intention of a client to commit a crime 3. Abstaining from the performance of official
is not included within the confidences which his duties.
attorney is bound to respect. (Boado, 2008)
Q: What are the elements of direct bribery?
Q: Who is a Procurador Judicial?
A:
A: A person who had some practical knowledge of 1. Offender is a public officer within the scope of
law and procedure, but not a lawyer, and was Article 203


2. Offender accepts an offer or promise or arrest the latter if he will not come across with
receives a gift or present by himself or through money, what crime is committed?
another
3. Such offer or promise be accepted, or gift or A: If the victim actually committed a crime and the
present received by the public officer - policeman demanded money so he will not be
a. With a view of committing some crime arrested, the crime is bribery. But if no crime has
b. In consideration of the execution of an act been committed and the policeman is falsely
which does not constitute a crime, but charging him of having committed one, threatening
the act must be unjust to arrest him if he will not come across with some
c. To refrain from doing something, which is consideration, the crime is robbery (Sandoval,
his official duty to do; 2010)
4. That act which the offender agrees to perform
or which he executes be connected with the Indirect Bribery
performance of his official duties. Art. 211

Note: There is no frustrated stage, for the reason that Q: What is indirect bribery?
if the corruption of the official is accomplished, the
crime is consummated.
A: It is the crime of any public officer who shall

accept gifts offered to him by reason of his office.
Q: Direct bribery is a crime involving moral

turpitude. From which of the elements of direct Note: If the public officer does not accept the gift, this
bribery can moral turpitude be inferred? crime is not committed but the offeror is guilty of
Corruption of Public Officials under Article 212.
A: Moral turpitude can be inferred from the third
element: The offender takes a gift with a view to Q: What are the elements of indirect bribery?
committing a crime in exchange.
A:
The fact that the offender agrees to accept a 1. Offender is a public officer
promise or gift and deliberately commits an unjust 2. He accepts gifts
act or refrains from performing an official duty in 3. Said gifts are offered to him by reason of his
exchange for some favors, denotes a malicious office
intent on the part of the offender to renege on the
duties which he owes his fellowmen and society in Note: The gift is given in anticipation of future favor
general. Also, the fact that the offender takes from the public officer.
advantage of his office and position is a betrayal of
the trust reposed on him by the public. It is a Q: Should there be a clear intention on the part of
conduct clearly contrary to the accepted rules of the public officer to take the gift offered?
right and duty, justice, honesty and good morals.
(Magno v. COMELEC, G.R. No. 147904, Oct. 4, 2002) A: Yes, and he should consider the property as his
(2011 Bar Question) own for that moment. Mere physical receipt
unaccompanied by any other sign, circumstance or
Q: Suppose the public official accepted the act to show such acceptance is not sufficient to
consideration and turned it over to his superior as convict the officer.
evidence of corruption, what is the crime
committed? Q: Compare direct bribery and indirect bribery.

A: The offense is attempted corruption only and not A:
frustrated. The official did not agree to be Direct Bribery Indirect Bribery
corrupted. Public Officer receives gift
There is agreement There is no agreement
Q: Is temporary performance of public function between the public between the public
sufficient to constitute a person a public officer? officer and the officer and the
corruptor. corruptor.
A: Yes. For the purpose of punishing bribery, the The public officer is The public officer is not
temporary performance of public functions is called upon to perform necessarily called upon
sufficient to constitute a person a public officer. or refrain from to perform any official
performing an official act. It is enough that he
Q: Supposed a law enforcer extorts money from a act. accepts the gifts offered
person, employing intimidation and threatening to
CRIMINAL LAW TEAM

to him by reason of his 1. Entering into an agreement with any

office. interested party or speculator or making use of
any other scheme, to defraud the
Qualified Bribery Government, in dealing with any person or
Art. 211-A with regard to furnishing supplies, the making
of contracts, or the adjustment or settlement
Q: What are the elements of qualified bribery? of accounts relating to public property funds.
(fraud against public treasury)
A:
1. Offender is a public officer entrusted with law 2. Demanding, directly or indirectly, the payment
enforcement of sums different from or larger than those
2. He refrains from arresting or prosecuting an authorized by law, in the collection of taxes,
offender who has committed a crime licenses, fees and other imposts. (illegal
punishable by reclusion perpetua and/or death exaction)
3. He refrains from arresting or prosecuting the
Note: By mere demanding an amount different,
offender in consideration of any promise, gift
whether bigger or smaller, than what should be
or present
paid, even if the debtor refuses, illegal

exaction is committed.
Note: The crime involved in qualified bribery is a

heinous crime. The public officer need not receive a
3. Failing voluntarily to issue a receipt as
gift or present because a mere offer or promise is
sufficient. provided by law, for any sum of money
collected by him officially, in the collection of
Corruption of Public Officials
taxes, licenses, fees and other imposts. (illegal
Art. 212
exaction)

Q: What are the elements of this crime? 4. Collecting or receiving directly or indirectly, by
way of payment or otherwise, things or objects
A: of a nature different from that provided by
1. Offender makes offers or promise or gives gifts law, in the collection of taxes, licenses, fees
or presents to a public officer and other imposts. (illegal exaction)
2. The offers or promises are made or the gifts or
presents are given to a public officer under Q: What are the elements of fraud against public
circumstances that will make the public officer treasury?
liable for direct bribery or indirect bribery
A:
Q: When the public officer refuses to be corrupted, 1. Offender is a public officer
what crime is committed? 2. He should have taken advantage of his office,
that is, he intervened in the transaction in his
A: Attempted corruption of public official only. official capacity
3. He entered into an agreement with any
Q: Suppose the public official actually accepted a interested party or speculator or made use of
consideration and allowed himself to be any other scheme with regard to:
corrupted, what is the crime committed? a. Furnishing supplies
b. The making of contracts or
A: The corruptor becomes liable for consummated c. The adjustment or settlement of accounts
corruption of public official. The public officer also relating to public property or funds
becomes equally liable for consummated bribery. 4. Accused had intent to defraud the
Government.
FRAUD AND ILLEGAL EXACTIONS AND
TRANSACTIONS Note: Consummated by merely entering into an
agreement with any interested party or speculator. It
Frauds against the Public Treasury and Similar is not necessary that the Government is actually
Offenses defrauded by reason of the transaction as long as the
Art. 213 public officer who acted in his official capacity had the
intent to defraud the Government.
Q: What is the essence of the crime of fraud
A: against public treasury?



A: The essence of this crime is making the Q: Who may be liable for illegal exaction?
government pay for something not received or
making it pay more than what is due. A: Illegal exaction is usually committed by a public
officer charged with the duty to collect taxes,
Q: What are the elements of illegal exactions? license fees, import duties and other dues payable
to the government.
A:
1. Offender is a public officer entrusted with the Other Frauds
collection of taxes, licenses, fees and other Art. 214
imposts.
2. He is guilty of any of the following acts or
omissions: (Forms of Illegal Exactions) A:
1. Offender is a public officer
a. Demanding, directly or indirectly, the 2. He takes advantage of his official position
payment of sums different from or larger 3. He commits any of the frauds or deceits
that those authorized by law Mere enumerated in Articles 315-318
demand will consummate the crime, even
if the taxpayer shall refuse to come across Q: Which court has jurisdiction?
with the amount being demanded.
A: The RTC has jurisdiction over the offense
Note: It is not necessary that payment regardless of the amount or penalty involved,
demanded be larger than amount due the because the principal penalty is disqualification.
government it may be less than the amount

due to the government.
Prohibited Transactions
b. Failing voluntarily to issue a receipt as Art. 215
provided by law, for any sum of money
collected by him officially The act of Q: What are the elements of this crime?
receiving payment due to the government
without issuing a receipt will give rise to A:
illegal exaction even though a provisional 1. Offender is an appointive public officer
receipt has been issued. What the law 2. He becomes interested, directly or indirectly,
requires is a receipt in the form in any transaction of exchange or speculation
prescribed by law, which means official 3. Transaction takes place within the territory
receipt. subject to his jurisdiction
4. He becomes interested in the transaction
c. Collecting or receiving directly or during his incumbency
indirectly, by way of payment or
otherwise, things or objects of a nature Note: Actual fraud is not required for violation of
different from that provided by law Article 215. The act being punished is the possibility
Under the rules and regulations of the that fraud may be committed or that the officer may
place his own interest above that of the government.
government, payment of checks not

belonging to the taxpayer should not be
accepted to settle the obligation of a Possession of Prohibited Interest by a Public
taxpayer. Officer
Art. 216
XPN: If the check is a managers
check or a certified check. Q: Who are the persons liable under this article?

Q: What is the essence of the crime of illegal A:
exaction? 1. Public officer who, directly or indirectly,
became interested in any contract or business
A: The essence of the crime is not misappropriation in which it was his official duty to intervene.
of any of the amounts but the improper making of 2. Experts, arbitrators, and private accountants
the collection which would prejudice the who, in like manner, took part in any contract
accounting of collected amounts by the or transaction connected with the estate or
government.
CRIMINAL LAW TEAM

property in the appraisal, distribution or government-owned or controlled corporations

adjudication of which they had acted. or their subsidiaries.
3. Guardians and executors with respect to the
property belonging to their wards or the MALVERSATION OF PUBLIC FUNDS OR PROPERTY
estate.
Q: What are the crimes called malversation of
Note: The mere violation of the prohibition is punished public funds or property?
although no actual fraud occurs therefrom. The act is
punished because of the possibility that fraud may be A:
committed or that the officer may place his own 1. Malversation by appropriating,
interest above that of the Government or of the party misappropriating or permitting any other
which he represents. (U.S. v. Udarbe, 28 Phil. 383) person to take public funds or property. (Art.
217)
Q: Does this article apply only to appointive public 2. Failure of an accountable officer to render
officials? accounts. (Art. 218)
3. Failure of a responsible public officer to render
A: No. Article 216 includes not only appointive but accounts before leaving the country. (Art. 219)
also elective public officials. In fact, under the 4. Illegal use of public funds or property. (Art.
second paragraph of the said article, even private 220)
individuals can be held liable. 5. Failure to make delivery of public funds or
property (Art. 221)
Q: What are the Constitutional provisions
prohibiting interests?
Malversation of Public Funds or Property

Presumption of Malversation
A:
Art. 217
1. Sec. 14 , Article VI - Members of Congress
cannot personally appear as counsel; cannot
be interested financially in any franchise or Q: What are the punishable acts?
special privilege granted by government;
cannot intervene in any matter before office of A:
Government; 1. Appropriating public funds or property
2. Sec 13 , Article VII -The President, Vice- 2. Taking or misappropriating the same
President, the Members of the Cabinet and 3. Consenting, or through abandonment or
their deputies or assistant shall not, unless negligence, permitting any other person to
otherwise provided in this Constitution, hold take such public funds or property
any other office or employment during their 4. Being otherwise guilty of the misappropriation
tenure. They shall not, during said tenure, or malversation of such funds or property.
directly or indirectly, practice any other
Note: The nature of the duties of the public officer and
profession, participate in any business, or be
not the name of the office controls. (People v. Reyes,
financially interested in any contract with, or in
SB Case No. 26892, Aug. 15, 2006)
any franchise, or special privilege granted by

the Government or any subdivision, agency
Q: What are the common elements to all acts of
or instrumentality thereof, including
malversation?
government-owned or controlled corporations

or their subsidiaries. They shall strictly avoid
A:
conflict of interest in the conduct of their
office
2. He had the custody or control of funds or
3. Section 2, Article IX-A - No member of a
property by reason of the duties of his office
Constitutional Commission shall, during his
3. Those funds or property were public funds or
tenure, hold any office or employment.
property for which he was accountable
Neither shall he engage in the practice of any
4. He appropriated, took, misappropriated or
profession or in the active management or
consented, or through abandonment
control of any business which in any way may
negligence, permitted another person to take
be affected by the functions of his office, nor
them
shall he be financially interested, directly or

indirectly, in any contract with, or in any
Q: Is it necessary that the offender actually
franchise or privilege granted by the
misappropriated the funds?
government, or any of its subdivisions,

agencies, or instrumentalities, including


A: No, somebody else may have misappropriated Note: Demand itself is not indispensable to constitute
the funds in question. It is enough that he has malversation. It merely raises a prima facie
violated the trust reposed on him in connection presumption that missing funds have been put to
with the property. personal use. (Morong Water District v. Office of the
Deputy Ombudsman, March 17, 2000 citing Nizurtada
Note: Malversation is predicated on the relationship of v. Sandiganbayan)
the offender to the property or funds involved. His
being remiss in the duty of safekeeping public funds Q: How can the presumption be rebutted?
violates the trust reposed by reason of the duties of his
office. A: The presumption could be overcome by
satisfactory evidence of loss or robbery committed
Q: Who is an accountable public officer? by a person other than the accused. (US. v. Kalingo,
46 Phil 651)
A: An accountable public officer, within the purview
of Article 217 of the Revised Penal Code, is one who Q: A revenue collection agent of BIR admitted his
has custody or control of public funds or property cash shortage on his collections to get even with
by reason of the duties of his office. The nature of the BIR which failed to promote him. A special
the duties of the public officer or employee, the arrangement was made between the BIR and the
fact that as part of his duties he received public agent wherein the BIR would withhold the salary
money for which he is bound to account and failed of the latter and apply the same to the shortage
to account for it, is the factor which determines incurred until full payment was made. Is the
whether or not malversation is committed by the collection agent guilty of the crime of malversation
accused public officer or employee. (Torres v. of funds?
People, G.R. No. 175074, August 31, 2011)
A: Yes. An accountable public officer may be
Q: When a public officer has no authority to convicted of malversation even if there is no direct
receive the money for the Government, and upon evidence of misappropriation and the only evidence
receipt of the same, he misappropriated it, can he is that there is a shortage in his accounts which he
be held liable for malversation? has not been able to satisfactorily explain. In the
present case, considering that the shortage was
A: No. If the public officer has no authority to duly proven, retaliation against the BIR for not
receive the money for the Government, the crime promoting him does not constitute a satisfactory or
committed is estafa, not malversation. (US v. Solis, reasonable explanation of his failure to account for
7 Phil 195) the missing amount. (Cua vs. People, G.R. No.
166847, November 16, 2011)
Q: What constitutes as a prima facie evidence of
malversation? Q: Is damage to the government necessary to
constitute malversation?
A: The failure of a public officer to have duly
forthcoming any public fund or property with which A: No. It is not an element of the offense. The
he is chargeable, upon demand by any duly penalty for malversation is based on the amount
authorized officer, shall be prima facie involved, not on the amount of the damage caused
evidence that he has put such missing funds or to the Government. (Reyes, 2008)
property to personal uses. (Candao v. People, G.R.
Nos. 186659-710, October 19, 2011) Q: Is deceit required to be proved in malversation?

Q: Does the law require that a written demand be A: No. Malversation may be committed either
formally made to constitute a prima facie through a positive act of misappropriation of public
presumption of malversation? funds or property, or passively through
negligence. To sustain a charge of malversation,
A: No. In US. v. Kalingo, 46 Phil 651, it was held that there must either be criminal intent or criminal
the failure of the accused who had custody of negligence, and while the prevailing facts of a case
public funds to refund the shortage upon demand may not show that deceit attended the commission
by the duly authorized offices constitutes prima of the offense, it will not preclude the reception of
facie evidence of malversation, notwithstanding the evidence to prove the existence of negligence
fact that such demand had been merely made because both are equally punishable under Article
verbally. 217 of the Revised Penal Code. (Torres v. People,
G.R. No. 175074, August 31, 2011)

CRIMINAL LAW TEAM

Q: When a municipal officer who, in good faith

paid out public funds persons in accordance with Q: A private property was attached or levied by
the resolution of the municipal council but the the sheriff, can it be a subject of the crime of
payments were turned out to be in violation of the malversation?
law, is there criminal liability?
A: Yes, though the property belonged to a private
A: None. When an accountable public officer, in person, the levy or attachment of the property
good faith makes a wrong payment through honest impressed it with the character of being part of the
mistake as to the law or to the facts concerning his public property it being in custodia legis.
duties, he is not liable for malversation. He is only
civilly liable. (People v. Elvina, 24 Phil 230) Q: If falsification of documents was resorted to for
the purpose of concealing malversation, is a
Q: What should be proved in order to convict an complex crime committed?
accused of malversation
A: No, for complex crimes require that one crime is
A: All that is necessary to prove is that the used to commit another. If the falsification is
defendant received in his possession public funds, resorted to for the purpose of hiding the
that he could not account for them and did not malversation, the falsification and malversation are
have them in his possession and that he could not separate offenses. (People v. Sendaydiego)
give a reasonable excuse for the disappearance of
the same. (De Guzman v. People, 119 SCRA 337) Q: What are the distinctions between
malversation and estafa?
Note: The return of the money malversed is merely a
mitigating circumstance. It cannot exempt the accused A:
from criminal liability. (People v. Velasquez, 72 Phil 98) Malversation Estafa
Committed by a private
Q: When can the public officer be not liable for Committed by an
person or even a public
malversation accountable public
officer who acts in a
officer.
private capacity.
A: When the accountable officer is obliged to go out Deals with public funds Deals with private
of his office and borrow the sum alleged to be the or property. property.
shortage and later the missing amount is found in May be committed
some unaccustomed place in his office, he is not without personal
liable for malversation. (US v. Pascual, 26 Phil 234) misappropriation, as
Committed by personal
when the accountable
Q: May a private person commit the crime of misappropriation only.
officer allows another to
malversation? misappropriate the
same.
A: Yes, a private person may also commit
malversation under the following situations:
Failure of Accountable Officer to Render Accounts
1. A private person conspiring with an
Art. 218
accountable public officer in committing

malversation is also guilty of malversation Q: What are the elements of this crime?
(People v. Sendaydiego, G.R. No. L-33254
& G.R. No. L-33253, January 20, 1978) A:
2. When he has become an accomplice or 1. Offender is a public officer, whether in the
accessory to a public officer who commits service or separated therefrom
malversation 2. He must be an accountable officer for public
3. When the private person is made the funds or property
custodian in whatever capacity of public 3. He is required by law or regulation to render
funds or property, whether belonging to accounts to the Commission on Audit, or to a
national or local government, and provincial Auditor
misappropriates the same 4. He fails to do so for a period of two months
4. When he is constituted as the depositary after such accounts should be rendered
or administrator of funds or property
seized or attached by public authority Q: Is it necessary that there be first a demand for
even though said funds or property accounting?
belong to a private individual


A: No. The article does not require that there be a A: Instead of applying it to the public purpose for
demand that the public officer should render an which the fund or property was already
account. It is sufficient that there is a law or appropriated by law, the public officer applied it to
regulation requiring him to render account. (Reyes, another purpose.
2008)
Note: In the absence of a law or ordinance
Q: Does the accused need to commit appropriating the public fund allegedly technically
misappropriation to be liable under this Article? malversed, the use thereof for another public purpose
will not make the accused guilty of violation of Art 220
A: No. It is not essential that there be of the RPC. (Abdulla v. People, April 6, 2005)
misappropriation. If there is misappropriation, he
would also be liable for malversation under Art 217. Q: X appropriated the salary differentials of
(Reyes, 2008) secondary school teachers of the Sulu State
College contrary to the authorization issued by the
DBM. Can X be held liable for technical
Failure of a Responsible Public Officer to Render
malversation?
Accounts Before Leaving the Country

Art. 219
A: No. The third element is lacking. The

authorization given by DBM is not an ordinance or
law contemplated in Art. 220. (Abdulla v. People,

G.R. No. 150129, April 6, 2005)
A:

Q: Suppose the application made proved to be
2. He must be an accountable officer for public
more beneficial to the public than the original
funds or property
purpose for which the amount or property is
3. He must have unlawfully left (or be on point of
appropriated, is there technical malversation?
leaving) the Philippines without securing from

the Commission on Audit a certificate showing
A: Yes, because damage is not an essential element
that his accounts have been finally settled
of technical malversation.

Q: If the act of leaving the country is authorized by
Q: Suppose the funds had been appropriated for a
law, can the public officer be convicted under this
particular public purpose, but the same was
Article?
applied to private purpose, what is the crime

committed?
A: No. The act of leaving the Philippines must not

be authorized or permitted by law to be liable
A: The crime committed is simple malversation
under this Article. (Reyes, 2008)
only.

Illegal Use of Public Funds or Property Q: What are the distinctions between technical
Art. 220 malversation and malversation?

Q: What are the elements of this crime? A:
Technical Malversation Malversation
A: Offenders are accountable public officers in both
1. Offender is a public officer crimes.
2. There is public fund or property under his Generally, the offender
administration Offender derives no
derives personal
3. Such public fund or property has been personal gain or benefit.
benefit.
appropriated by law or ordinance Public fund or property
4. He applies the same to a public use other than Conversion is for the
is diverted to another
that for which such fund or property has been personal interest of the
public use other than
appropriated by law or ordinance offender or of another
that provided for in the
person.
law.
Note: Illegal use of public funds or property is also

known as technical malversation.
Failure to Make Delivery of Public Funds or
Q: How is technical malversation committed? Property
Art. 221

CRIMINAL LAW TEAM

Q: What are the punishable acts? A: No. To be a public officer, one must:
1. Take part in the performance of public
A: functions in the government, or in
1. Failing to make payment by a public officer performing in said government or in any
who is under obligation to make such payment of its branches public duties as an
from Government funds in his possession employee, agent or subordinate official,
2. Refusing to make delivery by a public officer or any rank or class; and
who has been ordered by competent authority 2. That his authority to take part in the
to deliver any property in his custody or under performance of public functions or to
his administration perform public duties must be by:
a. Direct provision of the law, or
Q: What are the elements of this crime? b. Popular election, or
c. Appointment by competent
A: authority. (Azarcon v.
1. That the public officer has government funds Sandiganbayan, G.R. No. 116033,
in his possession February 26, 1997)
2. That he is under obligation to make payments
from such funds INFIDELITY OF PUBLIC OFFICERS
3. That he fails to make payment maliciously
Conniving with or Consenting to Evasion
Officers Included in the Preceding Provisions Art. 223
Art. 222
Q: Who are the private individuals who may be
liable under Art.217-221? A:
A: 2. He has in his custody or charge a prisoner,
1. Private individual who in any capacity either detention prisoner or prisoner by final
whatsoever, have charge of any national, judgment
provincial or municipal funds, revenue or 3. Such prisoner escaped from his custody
property 4. That he was in connivance with the prisoner in
2. Administrator, depository of funds or property the latters escape (U.S. v. Bandino, 29 Phil
attached, seized or deposited by public 459)
authority even if such property belongs to a
private individual Q: Is there a need that the convict has actually fled
3. Those who acted in conspiracy in malversation for the public officer to be liable under this
4. Accomplice and accessories to malversation Article?

Q: Does the word administrator include a judicial A: No. there is real and actual evasion of service of
administrator? sentence when the custodian permits the prisoner
to obtain relaxation of his imprisonment and to
A: No. The word administrator used does not escape the punishment of being deprived of his
include judicial administrator appointed to liberty, thus making the penalty ineffectual,
administer the estate of a deceased person because although the convict may not have fled. (US v.
he is not in charge of any property attached, Bandino, ibid.)
impounded or placed in deposit by public authority.
Conversion of effects in his trust makes him liable Q. Does releasing a prisoner for failure to comply
for estafa. within the time provided by Art. 125 exculpate
liability under this Article?
Q: AA was designated custodian of the distrained
property of JJ by the BIR. He assumed the specific A. Yes. Where the chief of police released the
undertakings which included the promise that he detention prisoners because he could not file a
will preserve the equipment. Subsequently, he complaint against them within the time fixed by
reported to the BIR that JJ surreptitiously took the Art. 125 due to the absence of the justice of the
distrained property. Did AA become a public peace, he is not guilty of infidelity in the custody of
officer by virtue of his designation as custodian of prisoners. (People v. Lancanan, 95 Phil 375)
distrained property by the BIR?
Evasion through Negligence


Art.224
A:
Q: What are the elements of this crime? 1. Offender is a private person
2. Conveyance or custody of prisoner or person
A: under arrest is confided to him
1. Offender is a public officer 3. Prisoner or person under arrest escapes
2. He is charged with the conveyance or custody 4. Offender consents to the escape of the
of a prisoner, either detention prisoner or prisoner or person under arrest or that the
prisoner by final judgment escape takes place through his negligence
3. Such prisoner escapes through his negligence
Note: This article is not applicable if a private person
Note: The fact that the public officer recaptured the was the one who made the arrest and he consented to
prisoner who escaped from his custody does not afford the escape of the person he arrested. (Reyes, 2008)
complete exculpation.
Q: How is the infidelity committed by private
Q: What is the gravamen of this offense? person?

A: It is the positive carelessness that is short of A: Under Article 225, infidelity can also be
deliberate non-performance of his duties as guard. committed by a private person to whom the
(People v. Reyes et al.C.A., 36 O.G. 316) prisoner was entrusted and he connived with the
prisoner (Art.223) or through his negligence (Art.
Q: The accused contended that his order to the 224) the prisoner was allowed to escape.
prisoner to keep close to him while he was
answering the telephone call was sufficient Note: If the escape was with consideration, bribery is
deemed committed in addition because he was
precaution? Is he correct?
performing a public function, hence is, at that

instance, deemed to be a public officer. (Boado, 2008)
A: No. The adequate precaution which should have

been taken up by him was to lock up the prisoner
before answering the telephone call (Remocal v. Removal, Concealment or Destruction of
People, 71 Phil 429) Document
Art. 226
Q: A policeman permitted a prisoner to answer a
call of nature in a hidden shed outside the Note: This crime is also called infidelity in the custody
building. The policeman remained near the of documents.
prisoner by the door. The prisoner escaped
through the back of the bath. Is the policeman Q: What are the elements of this crime?
liable under Art 224?
A:
A: No. Not every little mistake or distraction of a 1. The offender is a public officer
guard leading to prisoners taking advantage of a 2. He abstracts, destroys, or conceals documents
dilapidated building is negligence. He can be held or papers
administratively only (People v. Nava) 3. Said documents or papers should have been
entrusted to such public officer by reason of
Q: What is the liability of the escaping the his office
prisoner? 4. Damage, whether serious or not, to a third
party or to the public interest should have
A: been caused.
1. If the fugitive is serving his sentence by reason
of final judgment he is liable for evasion of Note: The document must be complete and one by
which a right can be established or an obligation could
the service of sentence under Art.157;
be extinguished.
2. If the fugitive is only a detention prisoner he

does not incur any criminal liability.
Q: What is the damage contemplated under this

Article
Escape of Prisoner Under the Custody of a Person
not a Public Officer A: The damage in this article may consist in mere
Art. 225 alarm to the public to the alienation of its
confidence in any branch of the government
Q: What are the elements of this crime? service. (Kataniag v. People, 74 Phil 45)
CRIMINAL LAW TEAM

A: Removal is for an illicit purpose when the

Note: What is punished is the breach of public trust intention of the offender is to:
which is punished. 1. Tamper with it
2. Profit by it
Q: Who may be held liable under this Article? 3. Commit an act constituting a breach of
trust in the official care thereof.
A: Only public officers who have been officially
entrusted with the documents or papers may be Q: When is this crime consummated?
held liable under Art 226
A: The crime of removal of public document in
Q: In what ways may the crime of infidelity of breach of official trust is consummated upon its
documents be committed? removal or secreting away from its usual place in
the office and after the offender had gone out and
A: locked the door, it being immaterial whether he has
1. Removal presupposes appropriation of the or has not actually accomplished the illicit purpose
official documents. It does not require that the for which he removed said document. (Kataniag v.
record be brought out of the premises where it People, 74 Phil 45)
is kept. It is enough that the record be
removed from the place where it should be Q: If the postmaster fails to deliver the mail and
transferred to another place where it is not instead retained them, can he be held liable under
supposed to be kept. this Article?
2. Destruction Is equivalent to rendering
useless or the obliteration of said documents; A: Yes. The simple act of retaining the mail without
the complete destruction thereof is not forwarding the letters to their destination, even
necessary. though without opening them of taking the moneys
3. Concealment means that the documents are they contained, already constitutes infidelity on the
not forwarded to their destination and it is not part of the post office official. (US V. Pea, 12 Phil
necessary that they are secreted away in a 362)
place where they could not be found.
Officer Breaking Seal
Q: Suppose, in the case for bribery or corruption, Art. 227
the monetary consideration was marked as
exhibits, the custodian spent the money so Q: What are the elements of this crime?
marked, what is the crime committed?
A:
A: The crime committed is infidelity in the custody 1. Offender is a public officer
of documents because the money adduced as 2. He is charged with the custody of papers or
exhibits partake the nature of a document and not property
as money. 3. These papers or property are sealed by proper
authority
Q: Is there a need for criminal intent to be held 4. He breaks the seals or permits them to be
liable under this Article? broken

A: To warrant a finding of guilt for the crime of Note: It is the breaking of the seals and not the
infidelity in the custody of documents, the act of opening of a closed envelope which is punished.
removal, as a mode of committing the offense, (Reyes, 2008)
should be coupled with criminal intent or illicit
purpose. (Manzanaris v. People, 127 SCRA 201). Q: Is there a need for damage to be liable under
However, if the act is committed by destroying or this Article?
concealing documents, proof of illicit purpose is not
required. The reason is that while in removal, the A: No. It is sufficient that the seal is broken, even if
accused may have a lawful or commendable the contents are not tampered with. This article
motive, in destroying or concealing, the offender does not require that there be damage caused or
could not have a good motive. (Reyes, 2008) that there be intent to cause damage. (Reyes, 2008)

Q: When is removal considered to be for an illicit Q: What constitutes the crime of breaking the
purpose? seal?



A: The mere breaking of the seal or the mere b. He knows of a secret by reason of his
opening of the document would already bring official capacity
about infidelity even though no damage has been c. He reveals such secret without
suffered by anyone or by the public at large. authority or justifiable reasons
d. Damage, great or small, is caused to
Q: What is the rationale for penalizing the act of the public interest
breaking the seal?
Note: The secrets referred to in this article are those
A: The act is being punished because the public which have an official or public character, the
officer, in breaking the seal or opening the revelation of which may prejudice public interest. They
envelope, violates the confidence or trust reposed refer to secrets relative to the administration of the
on him. government and not to secrets of private individuals.

Note: The public officer liable under this article 2. Wrongfully delivering papers or copies of
must be one who breaks seals without authority to papers of which he may have charge and
do so. (Reyes, 2008) which should not be published.

Elements:
Opening of Closed Documents
a. Offender is a public officer
Art. 228
b. He has charge of papers

c. Those papers should not be
published

d. He delivers those papers or copies
A:
thereof to a third person
e. The delivery is wrongful
2. Any closed papers, documents or objects are
f. Damage is caused to public interest
entrusted to his custody

3. He opens or permits to be opened said closed Note: This article punishes minor official betrayals,
papers, documents or objects infidelities of little consequences affecting usually the
4. He does not have proper authority administration of justice, executive of official duties or
the general interest of the public order.
Note: Under Art 228, the closed documents must be
entrusted to the custody of the accused by reason of Q: When can the public officer be not liable under
his office. (People v. Lineses, C.A. 40 O.G., Supp. 14,
this Article?
4773)

A: If the public officer is merely entrusted with the
Q: Is there a need for damage under this Article?
papers but not with the custody of the papers, he is

not liable under this provision.
A: No. Art 228 does not require that there be

damage or intent to cause damage. (Reyes, 2008)
Q: Are military secrets or those affecting national

security covered in this article?
Q: Suppose in the opening of the closed

document, the public officer abstracted its
A: No, because military secrets or those affecting
contents, what crime/s is/are committed?
national interest are covered by the crime of

espionage.
A: The public officer is liable under Art. 228. He is

also liable for theft.
Q: What is the difference between Revelation of

Secrets by an Officer and Infidelity in the Custody
Revelation of Secrets by an Officer of Document/Papers by Removing the same?
Art. 229
A:
Q: What are the punishable acts? Infidelity in the Custody
Revelation of Secrets by of the
A: an Officer Documents/Papers by
1. Revealing any secrets known to the offending removing the same
public officer by reason of his official capacity. The papers contain The papers do not
secrets and therefore contain secrets but their
Elements: should not be published removal is for an illicit
a. Offender is a public officer and the public officer purpose.
CRIMINAL LAW TEAM

having charge thereof

removes and delivers A: Open disobedience is committed when judicial or
them wrongfully to a executive officer shall openly refuses to execute the
third person. judgment, decision, or order of any superior
authority. (Reyes, 2008)
Public Officer Revealing Secrets of Private
Individual Disobedience to Order of Superior Officer, when
Art. 230 said Order was Suspended by Inferior Officer
Art. 232
A:
1. Offender is a public officer A:
2. He knows of the secrets of private individual 1. Offender is a public officer
by reason of his office 2. An order is issued by his superior for execution

Note: The revelation will not amount to a crime Note: The order of the superior must be legal or
under this article if the secrets are contrary to issued within his authority, otherwise, this article
public interest or to the administration of justice. does not apply. If the order of the superior is
illegal, the subordinate has a legal right to refuse
3. He reveals such secrets without authority or to execute such order, for under the law,
justifiable reason obedience to an order which is illegal is not
justified and the subordinate who obeys such
Note: Revelation to any one person is necessary order can be held criminally liable under Art 11,
and sufficient; public revelation is not required. (Reyes, par 6.
2008)
3. He has for any reason suspended the
Q: Should damage be suffered by the private execution of such order
individual for the officer to be liable? 4. His superior disapproves the suspension of the
execution of the order
A: No. The reason for this provision is to uphold 5. Offender disobeys his superior despite the
faith and trust in public service. disapproval of the suspension

OTHER OFFENSES OR IRREGULARITIES BY PUBLIC Note: The disobedience must be open and
OFFICERS repeated. What is punished by the law is
insubordination of the act of defying the

authority which is detrimental to public interest.
Open Disobedience
Art. 231
Refusal of Assistance

Art. 233

A:

1. Offender is a judicial or executive officer
A:
2. There is judgment, decision or order of a
superior authority
2. Competent authority demands from the
3. Such judgment, decision or order was made
offender that he lend his cooperation towards
within the scope of the jurisdiction of the
the administration of justice or other public
superior authority and issued with all the legal
service
formalities
3. Offender fails to do so maliciously
4. Offender without any legal justification openly

refuses to execute the said judgment, decision
Q: Is the crime of refusal of assistance committed
or order, which he is duty bound to obey
only in connection with the administration of

justice?
Note: The refusal must be clear, manifest and
decisive or a repeated and obstinate
disobedience in the fulfillment of an order. A: No, any refusal by a public officer to render
assistance when demanded by competent public
Q: How is this crime committed? authority, as long as the assistance requested from
him is within his duty to render and that assistance


is needed for public service, constitutes refusal of Hitting a prisoner by a latigo even if the
assistance. purpose is to instill discipline is not authorized
by law and constitutes violation of this article.
Note: Investigators and medico-legal officers who On the other hand, requiring prisoners to dig a
refuse to appear to testify in court after having been canal where culverts shall be placed to prevent
subpoenaed may also be held liable under this article. flooding in the prison compound is authorized
by law and does not violate this article; but if
Refusal to Discharge Elective Office the public officer would order the prisoner to
Art. 234 do so from morning up to late evening without
any food, then this article is involved, as he
Q: What are the elements of this crime? inflicted such authorized punishment in a cruel
and humiliating manner.
A:
1. Offender is elected by popular election to a Q: When a person is maltreated by a public officer
public office who has actual charge of prisoners, how many
2. He refuses to be sworn in or to discharge the crimes may be committed?
duties of said office
3. There is no legal motive for such refusal to be A: Two crimes are committed, namely
sworn in or to discharge the duties of said maltreatment under Art.235 and physical injuries.
office Maltreatment and physical injuries may not be
complexed because the law specified that the
Note: Discharge of duties becomes a matter of duty penalty for maltreatment shall be in addition to his
and not a right. liability for the physical injuries or damage caused.

Maltreatment of Prisoners Q: To what does maltreatment refer to?
Art. 235
A: Maltreatment refers not only in physical
Q: What are the elements of this crime? maltreatment but also moral, psychological, and
other kinds of maltreatment because of the phrase
A: physical injuries or damage caused and cruel or
1. Offender is a public officer or employee humiliating manner. (Boado 2008, p. 614)
2. He has under his charge a prisoner or
detention prisoner Q: Suppose the person maltreated is not a convict
or a detention prisoner, what crime is/or
Note: If the public officer is not charged with the committed?
custody of the prisoner, he is liable for physical
injuries. A: The crime committed would either be:
1. Coercion- if the person not yet confined in
3. He maltreats such prisoner either of the jail is maltreated to extort a confession, or
following manners: 2. Physical injuries- if the person maltreated
a. By overdoing himself in the correction or has already been arrested but is not yet
handling of a prisoner or detention booked in the office of the police and put
prisoner under his charge either: in jail.
i. By the imposition of punishments
not authorized by the regulations Illustration:
ii. By inflicting such punishments (those
authorized) in a cruel or humiliating If a Barangay Captain maltreats a person after
manner the latters arrest but before confinement, the
b. By maltreating such prisoner to extort a offense is not maltreatment but physical
confession or to obtain some information injuries. The victim must actually be confined
from the prisoner. either as a convict or a detention prisoner.
(People v. Baring, 37 O.G. 1366)
Note: The maltreatment should not be due to personal
grudge, otherwise, offender is liable for physical
injuries only.

Illustration:

CRIMINAL LAW TEAM

Anticipation of Duties of a Public Office Q: What are the differences between

Art. 236 abandonment of office and dereliction of duty
under Art. 208?
A:
A: For a person to be held liable, the following Abandonment of Office Dereliction of Duty
elements must be present: Committed only by
1. That the offender is entitled to hold a public officers who have
public office or employment either by the duty to institute
election or appointment. prosecution of the
2. Shall assume the performance of the punishment of
duties and powers of a public official or Committed by a public violations of law.
employee officer who abandons The public officer does
3. Without being sworn into office or having his office to evade the not abandon his office
given the bond required by law. discharge of his duty. but he fails to prosecute
an offense by
Prolonging Performance of Duties and Powers dereliction of duty or by
Art. 237 malicious tolerance of
the commission of

offenses.

A: For a person to be held liable, the following Usurpation of Legislative Powers
elements must be present: Art. 239
1. That the offender is holding a public
office. Q: What are the elements of this crime?
2. That the period allowed by law for him to
exercise such function and duties has A: For a person to be held liable, the following
already expired. elements must be present:
3. That the offender continues to exercise 1. That the offender is an executive or
such function and duties. judicial officer.
2. That he:
Note: The officers contemplated by this article are a. Makes general rules and regulations
those who have been suspended, separated, declared beyond the scope of his authority or
overaged, or dismissed b. Attempts to repeal a law or
c. Suspend the execution of thereof.
Abandonment of Office or Position
Art. 238 Usurpation of Executive Functions
Art. 240
A: For a person to be held liable, the following
elements must be present: A: For a person to be held liable, the following
1. That the offender is holding a public elements must be present:
office. 1. That the offender is a judge.
2. That he formally resigns from his office. 2. That the offender:
3. But before the acceptance of his a. Assumes the power exclusively
resignation, he abandons his office. vested to executive authorities of the
Government; or
Q: When is the offense qualified? b. Obstructs executive authorities from
the lawful performance of their
A: The offense is qualified when the real motive of functions.
resignation is to evade the discharge of duties of
preventing, prosecuting or punishing any crime Title Usurpation of Judicial Functions
One, and Chapter One of Title Three of Book Two of Art. 241
the Revised Penal Code.



A: For a person to be held liable, the following Note: The purpose of this article is to maintain the
elements must be present: independence of the judiciary.
1. That the offender is holding an office
under the Executive Branch of the Unlawful Appointments
Government. Art. 244
2. That he:
a. Assumes the power exclusively Q: What are the elements of this crime?
vested in the Judiciary; or
b. Obstructs the execution of any order A:
or decision given by a judge within 1. Offender is a public officer
his jurisdiction. 2. He nominates or appoints a person to a public
office
Note: Articles 239-241 punishes the usurpation of 3. Such person lacks the legal qualification
powers of the three branches of the Government in thereof
order to uphold the separation and independence of 4. Offender knows that his nominee or employee
the three equal branches. lacks the qualifications at the time he made
the nomination or appointment
Disobeying Request of Disqualification
Art. 242 Note: Nominate is different from recommend.
While nomination constitutes a crime, mere
Q: What are the elements of this crime? recommendation does not.

A: For a person to be held liable, the following Abuses against Chastity
elements must be present: Art. 245
1. That the offender is a public officer.
2. That a proceeding is pending before such Q: What are the elements of this crime?
public officer.
3. That there has been a question regarding A: For a person to be held liable, the following
the jurisdiction brought before the proper elements must be present:
authority. 1. That the offender is a public officer.
4. There is a question brought before the 2. That he solicits or makes any indecent or
proper authority regarding his immoral advances to a woman.
jurisdiction, which is yet to be decided 3. That the offended party is a woman who
is:
Note: The offender is still liable even if the
a. Interested in matters pending
question of jurisdiction has been resolved in
before the public officer for his
his favor later on.
decision or where the public

officer is required to submit a
5. He has been lawfully required to refrain
report or to consult with a
from continuing the proceeding
superior officer; or
6. He continues the proceeding
b. Under the custody of the

offender, who is a warden or
Orders or Requests by Executive Officers to Any
other public officer directly
Judicial Authority
charged with the care and
Art. 243 custody of prisoners or persons
under arrest; or
Q: What are the elements of this crime? c. The wife, daughter, sister or any
relative falling within the same
A: For a person to be held liable, the following degree of affinity of the person
elements must be present: under the custody and charge of
1. That the offender is an executive officer. the offender.
2. That the offender addresses any order or
suggestion to any judicial authority. Note: The mother of a person
3. That the order or suggestion relates to under the custody of any public
any case or business within the exclusive officer is not included as a
jurisdiction of the courts of justice. possible offended party but the
offender may be prosecuted
under the Section 28 of RA 3019
CRIMINAL LAW TEAM

(Anti-Graft and Corrupt Practices Regulations duly promulgated by

Act). competent authority, or
ii. An offense in connection with the
Q: What is the essence of the crime abuses against official duties of the latter
chastity?
Note: An example of the abovementioned
A: The essence of the crime is mere making of punishable act is the act of Former Comelec
immoral or indecent solicitation or advances. Chaiman Benjamin Abalos in bribing Romulo
Neri the amount of 200 Million Pesos in
Q: What are the ways of committing abuses exchange for the approval of the NBN
against chastity? Project. (Neri v. Senate Committee on
Accountablility of Public Officers and
A: Investigation, G.R. No. 180643, March 25,
1. Soliciting or making immoral or indecent 2008)
advances to a woman interested in matters
pending before the offending officer for b. Allowing himself to be persuaded,
decision, or with respect to which he is induced or influenced to commit such
required to submit a report to or consult with violation or offense.
a superior officer
2. Soliciting or making immoral or indecent 2. Directly or indirectly requesting or receiving
advances to a woman under the offenders any gift, present, share, percentage, or benefit,
custody for himself or for any other person, in
3. Soliciting or making indecent advances to the connection with any contract or transaction
wife, daughter, sister or relative within the between the Government and any other part,
same degree by affinity of any person in the wherein the public officer in his official
custody of the offending warden or officer capacity has to intervene under the law.

Note: The crime can be committed by mere proposal, Elements:
and it is not necessary for the woman solicited to yield a. The offender is a public officer
to the proposal of the offender. b. He requested and/or received,
directly or indirectly a gift, present or
R.A. 3019 as amended (Anti-Graft and Corrupt consideration
Practices Act) c. The gift, present or consideration
was for the benefit of the said public

officer or for any other person
Q: Who are covered under this act?
d. It was requested and/or received in

connection with a contract or
A: All public officers which includes elective and
transaction with the Government
appointive officials and employees, permanent or
e. The public officer has the right to
temporary, whether in the classified or unclassified
intervene in such contract or
or exempt service, receiving compensation, even
transaction in his official capacity
nominal from the government.

Note: R.A. 3019 punishes the separate acts of:
Note: Government includes:
1. Requesting; or
1. National government
2. Receiving; or
2. Local government
3. Requesting and receiving
3. GOCCs

4. Other instrumentalities or agencies
3. Directly or indirectly requesting or receiving
5. Their branches
any gift, present or other pecuniary or material
Q: What are the punishable acts under Sec. 3 of benefit, for himself or for another, from any
R.A. 3019? person for whom the public officer, in any
manner or capacity, has secured or obtained,
A: or will secure or obtain, any Government
1. A public officer: permit or license, in consideration for the help
a. Persuading, inducing, or influencing given or to be given.
another public officer to:
Note: This is a special form of bribery
i. Perform an act constituting a

violation of the Rules and


4. Accepting or having any member of his family public officer having acted on the
accept employment in a private enterprise matter pending before him
which has pending official business with him d. Such failure to act is for the purpose
during the pendency thereof or within one of:
year after its termination. i. Obtaining (directly or indirectly)
from any person interested in
Elements: the matter some pecuniary or
a. The public officer accepted, or material benefit or advantage,
having any of his family member ii. Favoring his own interest,
accept any employment in a private iii. Giving undue advantage in favor
enterprise of or discriminating against any
b. Such private enterprise has a other interested party.
pending official business with the
public officer Note: The neglect or delay of public function
c. It was accepted during: must be accompanied by an express or implied
i. The pendency thereof, or demand of any benefit or consideration for
ii. Within 1 year after its himself or another. Absent such demand, the
termination officer shall be merely administratively liable.

5. Causing any undue injury to any party, 7. Entering, on behalf of the Government, into
including the Government, or giving any any contract or transaction manifestly and
private party any unwarranted benefits, grossly disadvantageous to the same, whether
advantage or preference in the discharge of his or not the public officer profited or will profit
official administrative or judicial functions thereby.
through manifest partiality, evident bad faith
or gross inexcusable negligence. Elements:
a. Accused is a public officer
Elements: b. The public officer entered into a
a. The accused must be a public officer contract or transaction on behalf of
discharging administrative, judicial or the government
official functions c. Such contract or transaction is
b. He must have acted with manifest grossly and manifestly
partiality, evident bad faith or disadvantageous to the government.
inexcusable negligence (the threshold of the crime)
c. That his action caused:
i. Any undue injury to any party, 8. Directly or indirectly having financial or
including the government, or pecuniary interest in any business, contract or
ii. Giving any private party transaction in which he:
unwarranted benefits, a. Intervenes or takes part in his official
advantage or preference in the capacity; or
discharge of his functions.
Note: Intervention must be actual and in the
Note: Since bad faith is an element, good faith official capacity of the public officer.
and lack of malice is a valid defense.
b. Is prohibited by the constitution or by law
6. Neglecting or refusing, after due demand or from having any interest
request, without sufficient justification, to act
within a reasonable time on any matter 9. Directly or indirectly becoming interested, for
pending before him. personal gains, or having a material interest in
any transaction or act which:
Elements: a. Requires the approval of a board, panel or
a. Offender is a public officer group of which he is a member and which
b. Public officer neglected or refused to exercises discretion in such approval
act without sufficient justification b. Even if he votes against the same or does
after due demand or request has not participate in the action of the board,
been made on him committee, panel or group.
c. Reasonable time has elapsed from
such demand or request without the Note: Interest for personal gain shall be
presumed against those public officials
CRIMINAL LAW TEAM

responsible for the approval of manifestly was a private party. (Ambil Jr. v. People, G.R. No.
unlawful, inequitable, or irregular transaction or 175457, July 6, 2011)
acts by the board, panel or group to which they
belong. Q: What is gross inexcusable negligence?

10. Knowingly approving or granting any license, A: Gross inexcusable negligence means that the
permit, privilege or benefit in favor of: public officer did not take any more into
a. Any person not qualified for or not legally consideration all other circumstances.
entitled to such license, permit, privilege
or benefit; or Q: What is evident bad faith?
b. A mere representative or dummy of one
who is not so qualified or entitled. A: Evident bad faith is something that is
tantamount to fraud or ill motivated or with furtive
11. a. Divulging valuable information of a: design. It connotes a manifest deliberate intent on
i. Confidential character the part of the accused to do wrong or cause
ii. Acquired by his office or by him on damage.
account of his official position to
unauthorized person Q: What does the term undue injury mean?
b. Releasing such information in advance of its
authorized released date. A: The term undue injury in the context of Section
3 (e) of the Anti-Graft and Corrupt Practices
Note: The ff. persons shall also be punished with the Act punishing the act of causing undue injury to
public officer and shall be permanently or temporarily any party, has a meaning akin to that civil law
disqualified, in the discretion of the Court, from concept of actual damage. (Guadines v.
transacting business in any form with the Government:
Sandiganbayan and People, G.R. No. 164891, June
1. Person giving the gift, present, share,
6, 2011)
percentage or benefit in par. 2 and 3.

2. Person offering or giving to the public officer
the employment mentioned in par. 4. Q: In violation of Section 3(e) of R.A. No. 3019,
3. Person urging the divulging or untimely causing any undue injury to any party, including
release of the confidential information in the Government; and giving any private party
par. 11. any unwarranted benefits, must both be present
to convict the accused of the said crime?
Q: Mayor Adalim was charged with murder. He
was transferred from the provincial jail and A: This Court has clarified that the use of the
detained him at the residence of Ambil, Jr. disjunctive word or connotes that either act of (a)
Considering that Section 3(e) of R.A. No. 3019 causing any undue injury to any party, including
punishes the giving by a public officer of the Government; and (b) giving any private party
unwarranted benefits to a private party, does the any unwarranted benefits, advantage or
fact that a Mayor was the recipient of such preference, qualifies as a violation of Section 3(e)
benefits take petitioners case beyond the ambit of R.A. No. 3019, as amended. The use of the
of said law? disjunctive or connotes that the two modes need
not be present at the same time. In other words,
A: No. In drafting the Anti-Graft Law, the lawmakers the presence of one would suffice for conviction.
opted to use private party rather than private (Alvarez v. People, G.R. No. 192591, June 29, 2011)
person to describe the recipient of the
unwarranted benefits, advantage or preference for Q: Is the proof of quantum of damage necessary to
a reason. A private person simply pertains to one prove the crime?
who is not a public officer while a private party is
more comprehensive in scope to mean either a A: The Court En Banc held in Fonacier v.
private person or a public officer acting in a private Sandiganbayan, 238 SCRA 655, that proof of the
capacity to protect his personal interest. When extent or quantum of damage is not essential. It is
Mayor Adalim was transferred from the provincial sufficient that the injury suffered or benefits
jail and detained him at Ambil, Jr.s residence, they received can be perceived to be substantial enough
accorded such privilege to Adalim, not in his official and not merely negligible. Under the second mode
capacity as a mayor, but as a detainee charged with of the crime defined in Section 3(e) of R.A. No. 3019
murder. Thus, for purposes of applying the therefore, damage is not required. In order to be
provisions of Section 3(e), R.A. No. 3019, Adalim found guilty under the second mode, it suffices that
the accused has given unjustified favor or benefit to


another, in the exercise of his official, requisites provided by law, or rules

administrative or judicial functions. (Alvarez v. or regulations issued pursuant to law
People, G.R. No. 192591, June 29, 2011) 4. Any act lawfully performed in an
official capacity or in the exercise of
Q: What are the prohibited acts for private a profession.
individuals?
Q: What acts are excepted from the provisions of
A: It shall be unlawful: R.A. 3019?
1. For any person having family or close
personal relation with any public official A:
to capitalize or exploit or take advantage 1. Unsolicited gifts or presents of small or
of such family or personal relation, by insignificant value offered or given as a mere
directly or indirectly requesting or ordinary token of gratitude of friendship
receiving any present, gift, material or according to local customs and usage.
pecuniary advantage from any person 2. Practice of any profession, lawful trade or
having some business, transaction, occupation by any private persons or by any
application, request or contract with the public officer who under the law may
government, in which such public officer legitimately practice his profession, trade or
has to intervene (Sec. 4) occupation during his incumbency except
where the practice of such profession, trade or
Note: Family relations include the spouse or occupation involves conspiracy with any other
relatives by consanguinity or affinity within 3rd civil person or public official to commit any
degree. violations of said Act. (Sec. 14)

Close Personal relations include:
R.A. 7080 as amended (Anti-Plunder Act)
a. Close personal friendship
b. Social and fraternal relations
c. Personal employment Q: What is Plunder?

2. For any person to knowingly induce or A: It is a crime committed by a public officer by
cause any public official to commit any of himself or in connivance with members of his
the offenses defined in Sec. 3. (Sec.6) family, relatives by affinity or consanguinity,
business associates, subordinates or other persons,
Q: What are the other prohibited acts for the by amassing, accumulating or acquiring ill-gotten
relatives? wealth through a combination or series of overt
acts in the aggregate amount or total value of at
A: GR: It shall be unlawful for the spouse or relative least P50 million.
rd
by consanguinity or affinity within 3 civil degree of
the President, Vice President, Senate President, or Note: There must be at least 2 predicate crimes
committed before one can be convicted of plunder.
Speaker of the House to intervene directly or
indirectly in any business, transaction, contract or
application with the government. Q: Who are covered under this act?

XPN: This will not apply to: A: Public officers, which means any person holding
1. Any person who prior to the any public office in the Government of the Republic
assumption of office of any of the of the Philippines by virtue of an appointment,
above officials to whom he is related, election or contract.
has been already dealing with the
Government along the same line of Q: What is ill-gotten wealth?
business
2. Any transaction, contract or A: It is any asset, property, business enterprise or
application already existing or material possession of any person, acquired by a
pending at the time of such public officer directly or indirectly through
assumption of public office dummies, nominees, agents, subordinates and/or
3. Any application filed by him the business associates.
approval of which is not
discretionary on the part of the Q: How is ill-gotten wealth acquired?
official or officials concerned but
depends upon compliance with
CRIMINAL LAW TEAM

A: It is acquired by any combination or series of the Anti-Graft and Corrupt Practices Act and Code of
following means or similar schemes: Conduct and Ethical Standards for Public Officials and
1. Through misappropriation, conversion, Employees. It bears stressing that the predicate acts
misuse, or malversation of public funds or merely constitute acts of plunder and are not crimes
raids on the public treasury separate and independent of the crime of plunder.
2. By receiving, directly or indirectly, any (Serapio v. Sandiganbayan, G.R. No. 148468, Jan. 28,
2003)
commission, gift, share, percentage,
kickbacks or any/or entity in connection
with any government contract or project Q: Is the crime of plunder mala prohibita or mala
or by reason of the office or position of in se crime?
the public officer concerned
3. By the illegal or fraudulent conveyance or A: The legislative declaration in R.A. No. 7659 that
disposition of assets belonging to the plunder is a heinous offense implies that it is a
National government or any of its malum in se. For when the acts punished are
subdivisions, agencies or instrumentalities inherently immoral or inherently wrong, they are
or government-owned or controlled mala in se and it does not matter that such acts are
corporations and their subsidiaries punished in a special law, especially since in the
4. By obtaining, receiving or accepting case of plunder the predicate crimes are mainly
directly or indirectly any shares of stock, mala in se. Indeed, it would be absurd to treat
equity or any other form of interest or prosecutions for plunder as though they are mere
participation including the promise of prosecutions for violations of the Bouncing Check
future employment in any business Law (B.P. Blg. 22) or of an ordinance against
enterprise or undertaking jaywalking, without regard to the inherent
5. By establishing agricultural, industrial or wrongness of the acts. (Estrada v. Sandiganbayan,
commercial monopolies or other G.R. No. 148560, Nov. 2, 2001)
combinations and/or implementation of
decrees and orders intended to benefit
particular persons or special interests
6. 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

Q: What is combination?

A: Combination refers to at least two different acts
in the above enumeration.

Q: What is series?

A: Series refers to at least 3 overt acts covered by
the enumeration.

Q: Is it necessary to prove each and every criminal
act done by the accused to commit the crime of
plunder?

A: No. It is sufficient to establish beyond reasonable
doubt a pattern of overt or criminal acts indicative
of the overall unlawful scheme or conspiracy.

Note: The said acts are mentioned only as predicate
acts of the crime of plunder and the allegations
relative thereto are not to be taken or to be
understood as allegations charging separate criminal
offenses punished under the Revised Penal Code, the


CRIMES AGAINST PERSONS Q: Suppose a husband, who wanted to kill his sick
wife, hired a killer. The hired killer shot the wife.
PARICIDE What are the crimes committed?
Art.246
A: The husband is liable for parricide as principal by
Q: What are the elements of this crime? inducement. The hired killer is liable for murder.
The personal relationship of the husband to wife
A: cannot be transferred to a stranger.
1. That a person is killed.
2. That the deceased is killed by the Q: How old should the child be?
accused.
3. That the deceased is the father, mother, A: The child killed by his parent must be at least
or child, whether legitimate or three days old. If the child is less than three days
illegitimate, or a legitimate other old, the crime is infanticide, which is punishable
ascendants or other descendant, or the under Art. 255.
legitimate spouse, of the accused.
Q: What are the distinctions between parricide
Note: The relationship, except the spouse, must be in and infanticide?
the direct line and not in the collateral line.
A:
Q: Suppose X killed his brother. What is the crime Parricide Infanticide
committed? 1. Its basis is the 1. The basis is the age of
relationship between the child-victim.
A: Murder, because brothers are not part of those the offender and the 2. Infanticide may be
enumerated under Art. 246. Their relation is in the victim. committed by any
collateral line and not as ascendants or descendants 2. It can be committed person whether
of each other. only by the relatives relative or not of the
enumerated. victim.
Q: What is the essential element of parricide? 3. Conspiracy cannot be 3. Conspiracy is
applied because applicable because
A: Relationship of the offender with the victim. relationship by the the circumstance of
offender and the age pertains to the
Q: If a person killed another not knowing that the victim is the essential victim; only one
latter was his son, will he be guilty of parricide? element. Separate information shall be
information must be prepared for all the
A: Yes. The law does not require knowledge of filed for the parricide conspirators.
relationship between them and the murder or 4. To conceal dishonour
homicide on the part committed by
Q: To constitute parricide of a spouse, what must of the non-relative pregnant woman or
be established? conspirator. maternal
4. To conceal dishonour grandparent is
A: There must be a valid subsisting marriage at the is not mitigating. mitigating.
time of the killing, and such fact should be alleged
in the Information. Death or Physical Injuries Inflicted under
Exceptional Circumstances
Q: Suppose a stranger conspires in the commission Art. 247
of the crime of parricide, what is his criminal
liability? Q: What are the requisites?

A: The stranger is liable for homicide or murder, as A:
the case may be, because of the absence of 1. A legally married person or a parent surprises
relationship. The rule on conspiracy that the act of his spouse or daughter, the latter under 18
one is the act of all does not apply here because of years of age and living with him, in the act of
the personal relationship of the offender to the committing sexual intercourse.
offended party. It is immaterial that he knew of the 2. He or she kills any or both of them or inflicts
relationship of the accused and the deceased. upon any or both of them any serious physical
injury in the act or immediately thereafter.
3. He has not promoted or facilitated the
CRIMINAL LAW TEAM

BOOK 2: CRIMES AGAINST PERSONS
prostitution of his wife or daughter, or that he where he saw his wife B having sexual intercourse
or she has not consented to the infidelity of with their neighbor C. A rushed inside and grabbed
the other spouse. C but the latter managed to wrest himself free and
jumped out of the window. A followed suit and
Note: There is no criminal liability when less serious or managed to catch C again and after a furious
slight physical injuries are inflicted. The presence of struggle, managed also to strangle him to death. A
the requisites enumerated above is an absolutory then rushed back to their bedroom where his wife
cause. B was cowering under the bed covers. Still
enraged, A hit B with fist blows and rendered her
Q: What are the two stages contemplated under unconscious. The police arrived after being
Art. 247? summoned by their neighbors and arrested A who
was detained, inquested and charged for the
A: death of C and serious physical injuries of B. (2001
1. When the offender surprised the other spouse Bar Question)
with a paramour or mistress. 1. Is A liable for Cs death? Why?
2. Is A liable for Bs injuries? Why?
Note: Surprise means to come upon suddenly or
unexpectedly. A:
1. Yes. A is liable for Cs death but under the
2. When the offender kills or inflicts serious exceptional circumstances in Art. 247 of
physical injury upon the other spouse and the RPC where only destierro is
paramour while in the act of intercourse, or prescribed. Article 247 governs since A
immediately thereafter, that is, after surprised his wife B in the act of having
surprising. sexual intercourse with C, and the killing
of C was immediately thereafter as the
Note: Immediately thereafter means that the discover, escape, pursuit and killing of C
discovery, escape, pursuit and the killing must all
form one continuous act. (US v. Vargas, 2
form parts of one continuous act.
Phil 194)

Q: Is it necessary that the spouse actually saw the
2. Likewise, A is liable for the serious
sexual intercourse?
physical injuries he inflicted on his wife

but under the same exceptional
A: No. It is enough that he/she surprised them
circumstances in Article 247 of the
under such circumstances that no other reasonable
Revised Penal Code for the same reason.
conclusion can be inferred but that a carnal act was

being performed or has just been committed.
Q: Must the parent be legitimate?

Illustration:
A: The law does not distinguish. It is not necessary

that the parent be legitimate.
A bar examinee, who killed the paramour of

his wife in a mahjong session, an hour after he
Q: Does this article apply even if the daughter is
had surprised them in the act of sexual
married?
intercourse in his house, since at that time, he

had to run away and get a gun as the
A: No, this article applies only when the daughter is
paramour was armed, was granted the
single because while under 18 years old and single,
benefits of this article. (People v. Abarca, G.R.
she is under parental authority. If she is married,
No. 74433, Sept.14, 1987)
her husband alone can claim the benefits of Art.

247.
Q: A and B are husband and wife. A is employed as

a security guard at Landmark, his shift being from
Q: When third persons are injured in the course of
11:00 p.m. to 7:00 a.m. One night, he felt sick and
the firing at the paramour, will the offending
cold, hence, he decided to go home around
spouse be free from criminal liability?
midnight after getting permission from his duty

officer. Upon reaching the front yard of his home,
A: No. Inflicting death or physical injuries under
he noticed that the light in the master bedroom
exceptional circumstances is not murder. The
was on and that the bedroom window was open.
offender cannot therefore be held liable for
Approaching the front door, he was surprised to
frustrated murder for the serious injuries suffered
hear sighs and giggles inside the bedroom. He
by third persons. It does not mean, however, that
opened the door very carefully and peeped inside


the offender is totally free from any responsibility. 6. With cruelty, by deliberately and
The offender can be held liable for serious physical inhumanly augmenting the suffering of
injuries through simple imprudence or negligence. the victim, or outraging or scoffing at his
person or corpse.
Murder
Art. 248 Note: In paragraphs 1,2,4,5 and 6, it is not
necessary that there is intent to kill.
Q: What are the elements of murder?
Q: What among the circumstances is applicable
A: only to murder?
1. That a person was killed
2. That the accused killed him A: Outraging or scoffing at the person or corpse of
3. That the killing was attended by any of the the victim. This is the only instance that does not
qualifying circumstances mentioned in Art. 248 fall under Art. 14 on aggravating circumstances in
4. That the killing is not parricide or infanticide general.

Q: What is murder? Q: Is dwelling/nocturnity qualifying circumstance?

A: Murder is the unlawful killing of any person A: No. Dwelling and nocturnity are not included in
which is not parricide or infanticide, provided that the enumeration of qualifying circumstances. But
any of the following circumstances is present: nocturnity or nighttime can be a method or form of
1. With treachery, taking advantage of treachery. In such case, it is treachery, not
superior strength, with the aid of armed nighttime that is qualifying.
men, or employing means to weaken the
defense, or of means or persons to insure Q: How many circumstances are necessary to
or afford impunity. qualify homicide to murder?

Note: If committed by a band, it is still A: Only one. If there is a second circumstance, it will
murder because of the circumstance of operate as a generic aggravating which will not
with the aid of armed men. affect the penalty because the maximum penalty of
death has been abolished by R.A. 9346.
2. In consideration of a price, reward or
promise. Q: What are the rules for the application of the
circumstances which qualify the killing to murder?
Note: If this aggravating circumstance is
present in the commission of the crime, it A:
affects not only the person who received the 1. That murder will exist with any of the
money or reward but also the person who circumstances.
gave it. 2. That when the other circumstances are
absorbed or included in one qualifying
3. By means of inundation, fire, poison, circumstance, they cannot be considered as
explosion, shipwreck, stranding on a generic aggravating.
vessel, derailment or assault upon a 3. That any of the qualifying circumstances
railroad, fall of an airship, by motor enumerated must be alleged in the
vehicles, or with the use of any other information.
means involving great waste and ruin.
Q: When is treachery present?
Note: If the primordial criminal intent is to
kill, and fire was only used as a means to do A: Treachery is present when the offender commits
so, it is murder. But if the primordial intent any of the crimes against persons, employing
is to destroy the property through fire and means, methods or forms in its execution which
incidentally somebody died, it is arson. tend directly and especially to ensure its execution,
without risk to himself or herself arising from any
4. On occasion of any of the calamities defense which the offended party might make.
enumerated in the preceding paragraph, (People v. Torres, Sr., G.R. No. 190317, August 22,
or of an earthquake, eruption of volcano, 2011)
destructive cyclone, epidemic, or other
public calamity Q: When does treachery exist in the crime of
5. With evident premeditation murder?
CRIMINAL LAW TEAM

her to open the vault of the pawnshop but Elsa

A: For alevosia to qualify the crime to murder, it informed him that she does not know the
must be shown that: combination lock. Before they reached the door,
1. The malefactor employed such means, Elsa saw Bokingco open the screen door and heard
method or manner of execution to ensure him tell Col: tara, patay na siya. Col immediately
his or her safety from the defensive or let her go and ran away with Bokingco. Bokingco
retaliatory acts of the victim; and and Col were later charged with the crime of
2. The means, method and manner of murder.
execution were deliberately adopted.
(People vs. Concillado, G.R. No. 181204, a. Can treachery be appreciated in this case?
November 28, 2011) b. Can evident premeditation be appreciated in
this case?
Q: What are the requisites of evident c. Can Col be liable as a conspirator?
premeditation?
A:
A: Evident premeditation requires proof showing a. Treachery cannot be appreciated to qualify the
the: crime to murder in the absence of any proof of the
a) Time when the accused decided to manner in which the aggression was commenced.
commit the crime For treachery to be appreciated, the prosecution
b) Overt act manifestly indicating that he must prove that at the time of the attack, the victim
clung to the determination was not in a position to defend himself, and that
c) A sufficient lapse of time between the the offender consciously adopted the particular
decision and execution, allowing the means, method or form of attack employed by him.
accused to reflect upon the consequences Nobody witnessed the commencement and the
of his act. (People vs. Concillado, manner of the attack. While the witness Vitalicio
November 2011) managed to see Bokingco hitting something on the
floor, he failed to see the victim at that time.
Q: A killed B by stabbing B in the heart and
resulted to his death. The witness is the wife of b. To warrant a finding of evident premeditation,
the victim. She said that a day prior to the killing, the prosecution must establish the confluence of
A threatened B. based on the testimony of the the following requisites: (a) the time when the
wife, A was prosecuted for murder due to evident offender was determined to commit the crime; (b)
premeditation. Is the charge correct? an act manifestly indicating that the offender clung
to his determination; and (c) a sufficient interval of
A: No, the crime committed is homicide only. A time between the determination and the execution
mere threat is not sufficient to constitute evident of the crime to allow him to reflect upon the
premeditation. consequences of his act. It is indispensable to show
how and when the plan to kill was hatched or how
Q: At around 1:00 a.m. on February 29, 2000, much time had elapsed before it was carried out. In
when Vitalicio was spin-drying his clothes inside the absence of proof as to how and when the plan
his apartment, he heard a commotion from to kill was devised, evident premeditation cannot
another apartment. He headed to said unit to be appreciated.
check and when he peeped through a screen door,
he saw Bokingco hitting something on the c. Conspiracy exists when two or more persons
floor. Upon seeing Vitalicio, Bokingco allegedly come to an agreement to commit an unlawful act.
pushed open the screen door and attacked him Unity of purpose and unity in the execution of the
with a hammer. A struggle ensued and Vitalicio unlawful objective are essential to establish the
was hit several times. Vitalicio proceeded to his existence of conspiracy. In the instant
house and was told by his wife that Pasion was case, Bokingco had already killed Pasion even
found dead in the kitchen. before he sought Col. Their moves were not
coordinated because while Bokingco was killing
Elsa also testified that while she was in the Pasion, Col was attempting to rob the pawnshop. At
masters bedroom, she heard banging sounds and the most, Cols actuations can be equated to
so she went down. Before reaching the kitchen, attempted robbery. The fact that Elsa heard
Col blocked her way. When asked by Elsa why he Bokingco call out to Col that Pasion had been killed
was inside their house, Col suddenly ran towards and that they had to leave the place does not prove
her, sprayed tear gas on her eyes and poked a that they acted in concert towards the
sharp object under her chin. Col then instructed consummation of the crime. It only proves, at best,


that there were two crimes committed A: Evidence to show intent to kill is important only
simultaneously and they were united in their efforts in attempted or frustrated homicide. If death
to escape from the crimes they separately resulted, intent to kill is conclusively presumed.
committed. (People v Bokingco and Col, G.R. No.
187536, August 10, 2011) Q: How can intent to kill be proved?

Q: Where the qualifying circumstances were not A: Evidence to prove intent to kill in crimes against
those proved in the trial, can the accused be persons may consist, inter alia, of
convicted of murder? 1. The means used by the malefactors;
2. The nature, location and number of
A: No, because any of the qualifying circumstances wounds sustained by the victim;
under Art. 248 is an ingredient of murder, not 3. The conduct of the malefactors before, at
merely qualifying circumstance. the time of, or immediately after the
killing of the victim;
The circumstances must be both alleged and 4. The circumstances under which the crime
proved in the trial, otherwise, they cannot be was committed; and
considered because the right of the accused to be 5. The motive of the accused. (People v.
informed of the charge against him will be violated. Lanuza y Bagaoisan, G.R. No. 188562,
August 17, 2011)
Q: What is the difference between cruelty as a
qualifying circumstance of murder (Art. 248), and Q: X, a pharmacist, compounded and prepared the
cruelty as a generic aggravating circumstance medicine on prescription by a doctor. X
under Art. 14? erroneously used a highly poisonous substance.
When taken by the patient, the latter nearly died.
A: The accused was charged with frustrated homicide
CRUELTY CRUELTY through reckless imprudence. Is the charge
(ART. 248) (ART. 14) correct?
Aside from cruelty, any
Requires that the victim
act that would amount A: No, it is error to convict the accused of frustrated
be alive, when the cruel
to scoffing or decrying homicide through reckless imprudence. He is guilty
wounds were inflicted of physical injuries through reckless imprudence.
the corpse of the victim
and, therefore, must be
will qualify the killing to The element of intent to kill in frustrated homicide
evidence to that effect.
murder. is incompatible with negligence or imprudence.
Intent in felonies by means of dolo is replaced with
Homicide lack of foresight or skill in felonies by culpa.
Art. 249
Q: A shot C with a pistol. Almost immediately after

Q: What is homicide? A had shot C, B also shot C with (Bs) gun. Both
wounds inflicted by A and B were mortal. C was
still alive when B shot him. C died as a result of the
A: Homicide is the unlawful killing of any person,
wounds received from A and B, acting
which is neither parricide, murder, nor infanticide.
independently of each other. Who is liable for the

Q: What are the elements of homicide? death of C?

A: Since either wound could cause the death of C,
A:
both are liable and each one of them is guilty of
1. That a person is killed
2. That the accused killed him without any homicide. The burden of proof is on each of the
defendants to show that the wound inflicted by him
justifying circumstance
did not cause the death. The one who inflicted a
3. The accused had intention to kill which is
wound that contributed to the death of the victim is
presumed
equally liable (U.S. v. Abiog, G.R. No. L-12747,
4. The killing was not attended by any of the
qualifying circumstances of murder, or by that November 13, 1917).

of parricide or infanticide
Note: This ruling is applicable only when there is no

conspiracy between or among the accused. When
Q: Is evidence of intent to kill important in
there is conspiracy, it is not necessary to apply this
homicide? ruling because in such case, the act of one is the act of
all.

CRIMINAL LAW TEAM

Q: If the offender used an unlicensed firearm in A: Tumultuous affray means a commotion in a

committing murder or homicide, will it be tumultuous and confused manner, to such an
considered as qualified illegal possession of extent that it would not be possible to identify who
firearm? the killer is if death results, or who inflicted the
serious physical injuries, but the person or persons
A: No, the use of the unlicensed firearm is not who used violence are known.
considered as separate crime but shall be
appreciated as a mere aggravating circumstance Note: Tumultuous affray exists when at least four
(People v. Avecilla, G.R. No. 117033. February 15, persons took part.
2001)
Q: What is an accidental homicide?
A:
A: It is the death of a person brought about by a 1. There be several persons.
lawful act performed with proper care and skill, and 2. They did not compose groups organized for
without homicidal intent. the common purpose of assaulting and
attacking each other reciprocally and assaulted
Example: In a boxing bout where the game is one another in a confused and tumultuous
freely permitted by law or local ordinance, and manner.
all the rules of the game have been observed, 3. Someone was killed in the course of the affray.
the resulting death or injuries cannot be
deemed felonious, since the playing of the Note: The person killed in the course of the affray
game is a lawful act. need not be one of the participants in the affray.
He could be a mere passerby
Q: Supposing Pedro was found on the street dead
with 30 stab wounds at the back. A witness said 4. It cannot be ascertained who actually killed the
that he saw Juan running away carrying a bladed deceased.
weapon. What crime was committed by Juan?
Note: If the one who inflicted the fatal wound is
known, the crime is not homicide in tumultuous
A: Homicide and not murder. Even if the stab
affray. It is a case of homicide.
wounds were found on the back of Pedro, it is not

conclusive of the presence of the qualifying
5. The person or persons who inflicted serious
circumstance of treachery. Further, the witness
physical injuries or who used violence can be
merely saw Juan running. He must have seen the
identified.
infliction of the wound.

Note: This article does not apply if there is concerted
Note: For treachery to be appreciated, it must be
fight between two organized groups.
present and seen by the witness right at the inception
of the attack. (People v. Concillado, G.R. No. 181204,

November 28, 2011) Q: What brings about the crime of tumultuous
affray?
Q: What does corpus delicti in crimes against
persons means? A: It is the inability to ascertain the actual
perpetrator, not the tumultuous affray itself, that
A: Corpus delicti means the actual commission of brings about the crime. It is necessary that the very
the crime charged. It means that a crime was person who caused the death cannot be known,
actually perpetrated, and does not refer to the and not that he cannot be identified.
body of the murdered person.
Q: What is the crime committed if the person who
Note: In all crimes against persons in which the death caused the death is known but he cannot be
of the victim is an element of the offense, there must identified?
be satisfactory evidence of (1) the fact of death and (2)
the identity of the victim. A: If he is known but only his identity is not known,
he will be charged for the crime of homicide or
Death Caused in a Tumultuous Affray murder under a fictitious name not death in a
Art. 251 tumultuous affray.

Q: What is a tumultuous affray? Q: Who are liable for death in a tumultuous
affray?



A: Q: Is a person who attempts to commit suicide
1. The person or persons who inflicted the criminally liable?
serious physical injuries are liable.
2. If it is not known who inflicted the serious A: No, because society has always considered a
physical injuries on the deceased, all the person who attempts to kill himself as an
persons who used violence upon the person of unfortunate being, a wretched person more
the victim are liable, but with lesser liability. deserving of pity rather than of penalty. However,
he may be held liable for the crime of disturbance
Physical Injuries Inflicted in Tumultuous Affray of public order if indeed serious disturbance of
Art. 252 public peace occurred due to his attempt to commit
suicide.
Q: Is assistance to suicide the same as euthanasia?
A:
1. There is a tumultuous affray as referred to in A: No. Euthanasia is the practice of painlessly
the preceding article putting to death a person suffering from some
2. A participant or some participants thereof incurable disease. Euthanasia is not lending
suffer serious physical injuries or physical assistance to suicide. The person killed does not
injuries of a less serious nature only. want to die. A doctor who resorts to euthanasia of
3. Person responsible thereof cannot be his patient may be liable for murder.
identified
4. All those who appear to have used violence Discharge of Firearm
upon the person of the offended party are Art. 254
known.
Q: What are the elements of the crime?
Note: This article will not apply when a person is killed.
A:
Q: What kind of injury is contemplated in the 1. Offender discharges a firearm against another
crime of physical injuries in a tumultuous affray? person.
2. Offender has no intention to kill the person.
A: The physical injury should be serious or less
serious and resulting from a tumultuous affray. If Note: There must be no intent to kill. The purpose of
the physical injury sustained is only slight, this is the offender is only to intimidate or frighten the
considered as inherent in a tumultuous affray. offended party.

Q: Who may be a victim under Art. 252? Q: Can the crime of illegal discharge be committed
through imprudence?
A: The victim must be a participant in the affray.
A: No, because it requires that the discharge must
Q: Who may be liable? be directed at another.

A: Only those who used violence are punished, Q: Is the discharge towards the house of the victim
because if the one who caused the physical injuries a discharge of firearm?
is known, he will be liable for the physical injuries
actually committed, and not under this article. A: No. Firing a gun at the house of the offended
party, not knowing in what part of the house the
Giving Assistance to Suicide people were, is only alarm under Art. 155.
Art. 253
Q: Supposing the offender discharges the firearm
Q: What are the punishable acts? at a person to intimidate a person only. However,
the bullet hit the vital organ of the victim that
A: resulted to his death. What crime was committed?
1. Assisting another to commit suicide, whether
the suicide is consummated or not. A: The moment the victim dies, intent to kill is
2. Lending assistance to another to commit presumed. The crime is either homicide or murder.
suicide to the extent of doing the killing
himself. Infanticide
CRIMINAL LAW TEAM

Art. 255
Q: Suppose the child is abandoned without any
Q: What is infanticide? intent to kill and death results as a consequence,
what crime is committed?
A: It is the killing of any child less than 3 days old or
72 hours of age, whether the killer is the parent or A: The crime committed is abandonment under Art.
grandparent, any relative of the child, or a stranger. 276, and not infanticide.

Note: Art. 255 does not provide a penalty for Intentional Abortion
infanticide. If the killer is the mother, or father, or a Art. 256
legitimate grandparent, although the crime is still
infanticide, the penalty, is that of parricide. Q: What is abortion?

If the offender is not so related to the child, although A: Abortion is the willful killing of the fetus in the
the crime is still infanticide, the penalty corresponding uterus, or the violent expulsion of the fetus from
to murder shall be imposed.
the maternal womb that results in the death of the

fetus.
Q: What are the elements of infanticide?

Note: The basis of this article is Art. 2, Sec. 12 of the
A: Constitution, which states that The State shall equally
1. A child was killed. protect the life of the mother and the life of the
2. Deceased child was less than 3 days old or less unborn from conception. (Art. II, Sec. 12, Constitution)
than 72 hours of age
3. Accused killed the said child Q: In what ways is the crime of intentional
abortion committed?
Q: If the child is born dead, or if the child is already
dead, is there infanticide? A:
1. By using any violence upon the person of the
A: No. Infanticide is not committed. pregnant woman
2. By administering drugs or beverages upon
Q: Is concealment of dishonor an exculpatory such pregnant woman without her consent
circumstance in the crime of infanticide? 3. By administering drugs or beverages with the
consent of the pregnant woman
A: No. It merely lowers the penalty.
Q: What are the elements of intentional abortion?
Note: Only the mother and maternal grandparents of
the child are entitled to the mitigating circumstance of A:
concealing dishonor. The mother who claims 1. There is a pregnant woman
concealing dishonor must be of good reputation.
2. Violence is exerted, or drugs or beverages

administered, or that the accused otherwise
Q: What are the distinctions between infanticide
acts upon such pregnant woman
and parricide if the offender is the blood relative,
3. As a result of the use of violence or drugs or
e.g. parent of the child?
beverages upon her, or any other act of the

accused, the fetus dies, either in the womb or
A:
after having been expelled therefrom
Infanticide Parricide 4. Abortion is intended
The age of the victim is The victim is at least
less than three days old. three days old. Q: Who are the persons liable for intentional
If done in conspiracy abortion?
The co-conspirator is
with a stranger, both
liable for murder
the parent and the co- A:
because of the absence
conspirator are liable 1. The person who actually caused the abortion
of relationship.
for infanticide. under Art. 256
Concealment of 2. The pregnant woman if she consented under
Concealment of
dishonor in killing the Art. 258
dishonor in killing the
child is not a mitigating
child is mitigating.
circumstance Note: Abortion is not a crime against the woman but
against the fetus. The offender must know of the
Note: In both, there is intent to kill the child.


pregnancy because the particular criminal intention is

to cause an abortion. A: The crimes committed are intentional abortion
and violation of R.A. 9165.
Q: What determines personality?
Unintentional Abortion
A: Under Art. 40 of the Civil Code, birth determines Art. 257
personality. Under Art. 41 of the Civil Code, if the
fetus had an intra-uterine life of less than 7 months, Q: What are the elements of unintentional
it must survive at least 24 hours after the umbilical abortion?
cord is cut for it to be considered born.
A:
Note: As long as the as the fetus dies as a result of the
1. There is a pregnant woman
violence used or drugs administered, the crime of
2. Violence is used upon such pregnant woman
abortion exists even if the fetus is over or less than 7
months.
without intending an abortion
3. Violence is intentionally exerted
Q: What is the difference between abortion and 4. As a result of the violence exerted, the fetus
infanticide? dies either in the womb or after having been
expelled therefrom
A:
Illustration:
Abortion Infanticide

The victim is already a Unintentional abortion requires physical
person less than 3 days violence inflicted deliberately and voluntarily
The victim is not viable
old or 72 hours and is by a third person upon the person of the
but remains to be a
viable or capable of pregnant woman. Hence, if A pointed a gun at
fetus.
living separately from a pregnant lady, who became so frightened,
the mothers womb. causing her abortion, he is not liable for
Both the mother and unintentional abortion, as there was no
Only the pregnant
maternal grandparents violence exerted. If he intended the abortion
woman is entitled to
of the child are entitled however, the crime committed is intentional
mitigation if the
to the mitigating abortion.
purpose is to conceal
circumstance of
dishonor.
concealing the dishonor. Note: The force or violence must come from another.
Mere intimidation is not enough unless the degree of
Q: Suppose the mother as a consequence of intimidation already approximates violence.
abortion suffers death or physical injuries, what
crime is committed? Q: Is the crime of unintentional abortion
committed if the pregnant woman aborted
A: The crime is complex crime of murder or physical because of intimidation?
injuries with abortion.
A: No. The crime committed is not unintentional
Q: If despite the employment of sufficient and abortion because there is no violence. The crime
adequate means to effect abortion, the fetus that committed is light threats.
is expelled from the maternal womb is viable but
unable to sustain life outside the maternal womb, Q: Suppose a quarrel ensued between a husband
what crime is committed? and a wife who was pregnant at that time.
Violence was resorted to by the husband which
A: The crime is frustrated abortion because resulted to abortion and death of his wife, what is
abortion is consummated only if the fetus dies the crime committed?
inside the womb.
A: The crime committed is complex crime of
Note: But if the expelled fetus could sustain life parricide with unintentional abortion (People v.
outside the mothers womb, the crime is already Salufrania, 159 SCRA 401).
infanticide.
Note: If violence was employed on the pregnant
Q: If the abortive drug used in abortion is a woman by a third person, and as a result, the woman
prohibited drug or regulated drug under R.A. 9165 and the fetus died, there is complex crime of homicide
or the Dangerous Drugs Act, what are the crimes with unintentional abortion.
committed?
CRIMINAL LAW TEAM

Q: Suppose a pregnant woman decided to commit Q: What are the elements of this crime as to the
suicide by jumping out of the window of the pharmacists?
building but landed on a passerby, she did not die
but abortion followed. Is she liable for A:
unintentional abortion? 1. Offender is a pharmacists
2. There is no proper prescription from a
A: No, because what is contemplated is that the physician
force or violence must come from another person. 3. Offender dispenses an abortive
In this case, when the woman tried to commit
suicide but did not die, the attempt to commit Note: As to the pharmacist, the crime is consummated
suicide is not a felony under the RPC. by dispensing an abortive without proper prescription
from a physician. It is not necessary that the abortive is
Q: Suppose the pregnant woman employed actually used.
violence to herself specifically calculated to bring
about abortion, what crime is committed? Q: Suppose the abortion was performed by a
physician without medical necessity to warrant
A: The woman is liable for intentional abortion such abortion and the woman or her husband had
under Art. 258. consented. Is the physician liable for abortion
under Art. 259?
Abortion Practiced by the Woman Herself or by
Her Parents A: Yes. The consent of the woman or her husband is
Art. 258 not enough to justify abortion.

Q: What are the elements of this crime? Responsibility of Participants in a Duel
Art. 260
A:
1. There is a pregnant woman who has suffered Q: What is a duel?
abortion
2. Abortion is intended A: It is a formal or regular combat previously
3. Abortion is caused by: consented between two parties in the presence of
a. The pregnant woman herself two or more seconds of lawful age on each side,
b. Any other person, with her consent who make the selection of arms and fix all the other
c. Any of her parents, with her consent for conditions of the fight to settle some antecedent
the purpose of concealing her dishonor quarrels.

Note: The liability of the pregnant woman is mitigated Q: What are the punishable acts?
if the purpose for abortion is to conceal her dishonor.
However, if it is the parents who caused the abortion A:
for the purpose of concealing their daughters 1. Killing ones adversary in a duel
dishonour, there is no mitigation, unlike in infanticide. 2. Inflicting upon such adversary physical injuries
3. Making a combat although no physical injuries
Abortion Practiced by Physician or Midwife and have been inflicted
Dispensing Of Abortives
Art. 259 Note: A mere fight as a result of an agreement is not
necessarily a duel because a duel implies an
Q: What are the elements of this crime as to the agreement to fight under determined conditions and
with the participation and intervention of seconds who
physician or midwife?
fixed the conditions.

A:
Illustration:
1. There is a pregnant woman who has suffered

abortion
If the accused and the deceased, after a verbal
2. Abortion is intended
heated argument in the bar, left the place at
3. The offender must be a physician or midwife
the same time and pursuant to their
who causes or assisted in causing the abortion
agreement, went to the plaza to fight each
4. Said physician or midwife takes advantage of
other to death with knives which they bought
his or her scientific knowledge or skill.
on the way, the facts do not constitute the

crime of duel since there was no seconds who
fixed the conditions of the fight in a more or


less formal manner. If one is killed, the crime Note: In the first kind of mutilation, the castration
committed is homicide. must be made purposely. Otherwise, it will be
considered as mutilation of the second kind (mayhem).
Challenging to a Duel
Art. 261 Q: Must mutilation be intentional?

A: Yes, mutilation must always be intentional. Thus,
it cannot be committed through criminal

negligence.
A:

1. Challenging another to a duel
Note: There must be no intent to kill otherwise the
2. Inciting another to give or accept a challenge
offense is attempted or frustrated homicide or murder
to a duel
as the case may be.
3. Scoffing at or decrying another publicly for
having refused to accept a challenge to fight a Q: Suppose there is no intent to deprive the victim
duel of the particular part of the body, what is the
crime committed?
Note: The punishable act is to challenge to a duel not
challenge to a fight because if it is the latter, the crime
A: The crime is only serious physical injury.
would be light threats under Art. 285(2).

Note: Cruelty, as understood in Art. 14 (21) is inherent
Q: Who are the persons liable?
in mutilation and in fact, that is the only felony, where
said circumstance is an integral part and is absorbed
A: The challenger and the instigators. therein. If the victim dies, the crime is murder qualified
by cruelty but the offender may still claim and prove
PHYSICAL INJURIES that he had no intention to commit so grave a wrong.

Mutilation Serious Physical Injuries
Art. 262 Art. 263

Q: What is mutilation? Q: How is the crime of serious physical injuries
committed?
A: Mutilation is the lopping or the clipping off of
some parts of the body which are not susceptible to A: By:
growth again. 1. Wounding
2. Beating
Q: What are the kinds of mutilation? 3. Assaulting
4. Administering injurious substance
A:
1. Intentionally mutilating another by depriving Q: What are considered serious physical injuries?
him, either totally or partially, of some
essential organ for reproduction. A:
1. When the injured person becomes insane,
Elements: imbecile, impotent, or blind in consequence of
a. There must be a castration, that is, the physical injuries inflicted.
mutilation of organs necessary for
generation, such as the penis or Note: Impotence includes inability to copulate
ovarium and sterility.
b. The mutilation is caused purposely and
deliberately, that is, to deprive the Blindness requires loss of vision of both eyes.
offended party of some essential organ Mere weakness in vision is not contemplated.
for reproduction
2. When the injured person:
2. Intentionally making other mutilation, that is, a. Loses the use of speech or the power to
by lopping or clipping off of any part of the hear or to smell, or loses an eye, a hand, a
body of the offended party, other than the foot, an arm or a leg; or
essential organ for reproduction, to deprive b. Loses the use of any such member; or
him of that part of his body. c. Becomes incapacitated for the work in
which he was therefore habitually
CRIMINAL LAW TEAM

engaged in consequence of the physical 1. Physical ugliness

injuries inflicted. 2. Permanent and definite abnormality
3. Conspicuous and visible
Note: Loss of hearing must involve both ears.
Otherwise, it will be considered as serious Note: Once physical injuries resulted to deformity, it is
physical injuries under par. 3. Loss of the power classified as serious physical injuries.
to hear in the right ear is merely considered as
merely loss of use of some other part of the body. Q: X threw acid on the face of Y and were it not for
the timely medical attention, a deformity would
3. When the injured : have been produced on the face of Y. After the
a. Becomes deformed; plastic surgery, Y became more handsome than
b. Loses any other member of his body; or before the injury. What crime was committed? In
c. Loses the use thereof; or what stage was it committed?
d. Becomes ill or incapacitated for the
performance of the work in which he was A: The crime is serious physical injuries because the
habitually engaged for more than 90 days, problem itself states that the injury would have
in consequence of the physical injuries produced a deformity. The fact that the plastic
inflicted. surgery removed the deformity is immaterial
because what is considered is not the artificial
4. When the injured person becomes ill or treatment but the natural healing process.
incapacitated for labor for more than 30 days
(but must not be more than 90 days), as a Q: What are the qualifying circumstances of
result of the physical injuries inflicted. serious physical injuries?

Note: When the category of the offense of A:
serious physical injuries depends on the period of 1. If it is committed by any of the persons
the illness or incapacity for labor, there must be referred to in the crime of parricide.
evidence of the length of that period. Otherwise, 2. If any of the circumstances qualifying murder
the offense will be considered as slight physical
attended its commission.
injuries.

Illustration:
Q: What is the nature of physical injuries?

A father who inflicts serious physical injuries
A: The crime of physical injuries is a formal crime
upon his son will be liable for qualified serious
because it is penalized on the basis of the gravity of
physical injuries.
the injury sustained. What is punished is the

consequence and not the stage of execution.
Q: What distinguishes physical injuries from
Hence, it is always consummated. It cannot be
mutilation?
committed in the attempted and frustrated stage.

A: Mutilation must have been caused purposely and
Q: If the offender repeatedly uttered I will kill
deliberately to lop or clip off some part of the body
you but he only keeps on boxing the offended
so as to deprive the offended party of such part of
party and injuries resulted, what is the crime
the body. This intention is absent in other kinds of
committed?
physical injuries.

A: The crime is only physical injuries not attempted
Q: What are the differences between physical
or frustrated homicide.
injuries and attempted or frustrated homicide?

A:

Attempted or Frustrated
Physical Injuries
Homicide
Q: How is intent to kill determined?
Attempted homicide may be
The offender inflicts
A: Intent to kill must be manifested by overt acts. It committed even if no physical
physical injuries.
cannot be manifested by oral threats. injuries are inflicted.
Offender has no
The offender has intent to kill
Q: What are the requisites of deformity? intention to kill the
the offended party.
offended party.
A:


Administering Injurious Substances or Beverages Q: What are the qualifying circumstances of less
Art.264 serious physical injuries?

1. When there is manifest intent to insult or
A: offend the injured person
1. The offender inflicted serious physical injuries 2. When there are circumstances adding
upon another. ignominy to the offense
2. It was done by knowingly administering to him 3. When the victim is the offenders parents,
any injurious substances or beverages or by ascendants, guardians, curators, or teachers.
taking advantage of his weakness of mind or 4. When the victim is a person of rank or person
credulity. in authority, provided the crime is not direct
assault.
Note: To administer an injurious substance or
beverage means to direct or cause said substance Slight Physical Injuries and Maltreatment
or beverage to be taken orally by the injured Art. 266
person, who suffered serious physical injuries as a
result. Q: What are the kinds of slight physical injuries
and maltreatment?
3. He had no intent to kill.
A:
Note: There must be no intent to kill otherwise, 1. Physical injuries which incapacitated the
frustrated murder will be committed.
offended party for labor from 1 to 9 days, or
required medical attendance during the same
Less Serious Physical Injuries period
Art. 265 2. Physical injuries which did not prevent the
offended party from engaging in his habitual
Q: What are the elements of this crime? work or which did not require medical
attendance.
A: 3. Ill-treatment of another by deed without
1. Offended party is incapacitated for labor for 10 causing any injury
days or more (but not more than 30 days), or
shall require medical attendance for the same Note: Slapping the offended party is a form of ill-
period of time. treatment which is a form of slight physical injuries.

Note: The disjunctive or above means that it is Q: A disagreement ensued between Cindy and
either incapacity for work for 10 days or more or Carina which led to a slapping incident. Cindy gave
the necessity of medical attendance for an equal twin slaps on Carinas beautiful face. What is the
period which will make the crime of less serious crime committed by Cindy?
physical injuries.
A:
In the absence of proof as to the period of the 1. Slander by deed if the slapping was done to
offended partys incapacity for labor or required
cast dishonor to the person slapped.
medical attendance, the offense committed is
2. Slight physical injuries by ill-treatment if the
only slight physical injuries. The phrase shall
require refers to the period of actual medical
slapping was done without the intention of
attendance. casting dishonor, or to humiliate or embarrass
the offended party out of a quarrel or anger.
2. Physical injuries must not be those described
in the preceding articles. Rape
Arts. 266-A, 266-B, 266-C and 266-D and R.A. 8353
Note: Although the wound required medical
attendance for only 2 days, yet the injured was Q: What are the kinds of rape under R.A. 8353?
prevented from attending to his ordinary labor for a
period of twenty-nine days, the physical injuries are A:
denominated as less serious (US v. Trinidad, 4 Phil. 1. The traditional concept under Art. 335 carnal
152). knowledge with a woman against her will. The
offended party is always a woman and the
offender is always a man.
CRIMINAL LAW TEAM


2. Sexual assault committed with an instrument Note: When the offender in rape has an ascendancy or
or an object or use of the penis with influence on the offended party, it is not necessary
penetration of the mouth or anal orifice. The that the latter put up a determined resistance.
offended party or offender can either be a
man or a woman, that is, if the woman or a Q: Geronimo, a teacher, was tried and convicted
man uses an instrument in the anal orifice of a for 12 counts of rape for the sexual assault, he, on
male, she or he can be liable for rape. several occasions, committed on one of his male
students by inserting his penis in the victims
Note: A violation of the body orifices by the fingers is mouth. On appeal, Geronimo contends that the
within the expanded definition of rape under RA 8353. acts complained of do not fall within the definition
Insertion of the finger into the female genital is rape of rape as defined in the RPC, particularly that
through sexual assault (People v. Campuhan, G.R. No. rape is a crime committed by a man against a
129433, March 30, 2000). woman. Is Geronimos contention correct?

However, there should be evidence of at least the A: No. Rape maybe committed notwithstanding the
slightest penetration of the sexual organ and not fact that persons involved are both males. R.A.
merely a brush or graze of its surface (People v. Dela 8353 provides that an act of sexual assault can be
Cruz, G.R. No. 180501, December 24, 2008). committed by any person who inserts his penis into
the mouth or anal orifice, or any instrument or
Q: What are the elements of rape by a man who object into the genital or anal orifice of another
shall have carnal knowledge of a woman? person. The law, unlike rape under Art. 266-A, has
not made any distinction on the sex of either the
A: offender or the victim. Neither must the courts
1. Offender is a man make such distinction. (Ordinario v. People, G.R. No.
2. Offender had carnal knowledge of the woman 155415, May 20, 2004)
3. Such act is accomplished under any of the
following circumstances: Q: What is the amount of force necessary to
a. Through force, threat or intimidation consummate the crime of rape?
b. When the offended party is deprived of
reason or is otherwise unconscious A: Jurisprudence firmly holds that the force or
c. By means of fraudulent machination or violence required in rape cases is relative; it does
grave abuse of authority not need to be overpowering or irresistible; it is
d. When the offended party is under 12 present when it allows the offender to consummate
years of age or is demented, even though his purpose. (People v. Funesto y Llospardas, G.R.
none of the above circumstances No. 182237, August 3, 2011)
mentioned above be present.
Q: Is there a crime of frustrated rape?
Q: What are the elements of rape by sexual
assault? A: None. The slightest penetration of penis into the
labia of the female organ consummates the crime
A: of rape. However, mere touching alone of the
1. Offender commits an act of sexual assault genitals and mons pubis or the pudendum can only
2. The act of sexual assault is committed by any be considered as attempted rape, if not acts of
of the following means: lasciviousness.
a. By inserting his penis into another
persons mouth or anal orifice, or Q: What does touching in rape means?
b. By inserting any instrument or object into
the genital or anal orifice of another A: In People v. Campuhan, it was held that
person touching when applied to rape cases does not
3. The act of sexual assault is accomplished under simply mean mere epidermal contact, stroking or
any of the following circumstances: grazing of organs, a slight brush or a scrape of the
a. By using force or intimidation, or penis on the external layer of the victims vagina, or
b. When the woman is deprived of reason or the mons pubis. There must be sufficient and
otherwise unconscious, or convincing proof that the penis indeed touched the
c. By means of fraudulent machination or labias or slid into the female organ, and not merely
grave abused of authority, or stroked the external surface thereof, for an accused
d. When the woman is under 12 years of age to be convicted of consummated rape. Thus, a
or demented. grazing of the surface of the female organ or


touching the mons pubis of the pudendum is not been made prior to the institution of the criminal
sufficient to constitute consummated rape. Absent actions. (People v. Bonaagua, G.R. No. 188897, June
any showing of the slightest penetration of the 6, 2011, People v. Borce, G.R. No. 189579,
female organ, i.e., touching of either labia of September 12, 2011)
the pudendum by the penis, there can be no
consummated rape; at most, it can only be Q: Does absence of spermatozoa negate the
attempted rape, if not acts of commission of rape?
lasciviousness. (People v. Butiong, G.R. No. 168932,
October 19, 2011) A: No. The absence of spermatozoa from the
genitalia of the victim does not negate or disprove
Q: What are the effects of the reclassification of the rape. The basic element of rape is carnal
rape into a crime against person? knowledge or sexual intercourse, not
ejaculation. Carnal knowledge is defined as the act
A: of a man having sexual bodily connections with a
1. The procedural requirement of consent of the woman. This explains why the slightest
offended party to file the case is no longer penetration of the female genitalia consummates
needed because this is now a public crime, the rape. (People v. Butiong, ibid.)
unlike when it was still classified as a crime
against chastity. Q: Accused was charged and convicted of the
2. There is now an impossible crime of rape crime of rape of a minor. He claims that his guilt
because impossible crimes can only be was not proven because there was no hymenal
committed against persons or property. laceration therefore there was no evidence
showing that he had carnal knowledge of the
Q: What are the effects of pardon on the criminal victim. Is his defense tenable?
liability of the accused charged with rape?
A: No. Proof of hymenal laceration is not an
A: element of rape. An intact hymen does not negate
1. The offended woman may pardon the offender a finding that the victim was raped. Penetration of
through a subsequent valid marriage, the the penis by entry into the lips of the vagina, even
effect of which would be the extinction of the without laceration of the hymen, is enough to
offenders liability. constitute rape, and even the briefest of contact is
2. Similarly, the legal husband maybe pardoned deemed rape. (People v. Crisostomo, G.R. No.
by forgiveness of the wife provided that the 183090, November 14, 2011)
marriage is not void ab initio. (Art. 266-C)
Q: One of Butiongs contentions is that having
Note: Under the new law, the husband may be liable sexual intercourse with AAA, a mental retardate,
for rape, if his wife does not want to have sex with did not amount to a rape, because it could not be
him. It is enough that there is indication of any amount considered as carnal knowledge of a woman
of resistance as to make it rape. deprived of reason or of a female under twelve
years of age as provided under Article 266-A of
Q: What is the effect of Affidavit of Desistance in the Revised Penal Code, as amended. Is he
the crime of rape? correct?

A: Rape is no longer a crime against chastity for it is A: No. Rape is essentially a crime committed
now classified as a crime against persons. In effect, through force or intimidation, that is, against the
rape may now be prosecuted de oficio; a complaint will of the female. It is also committed without
for rape commenced by the offended party is no force or intimidation when carnal knowledge of a
longer necessary for its prosecution. Consequently, female is alleged and shown to be without her
rape is no longer considered a private crime or that consent. It should no longer be debatable that rape
which cannot be prosecuted, except upon a of a mental retardate falls under paragraph 1, b), of
complaint filed by the aggrieved party. Hence, Article 266-A, because the provision refers to a rape
pardon by the offended party of the offender in the of a female deprived of reason, a phrase that
crime of rape will not extinguish the offenders refers to mental abnormality, deficiency or
criminal liability. Moreover, an Affidavit of retardation. (People v. Butiong, ibid.)
Desistance even when construed as a pardon in the
erstwhile private crime of rape is not a ground for Q: When is it considered as qualified rape?
the dismissal of the criminal cases, since the actions
have already been instituted. To justify the
dismissal of the complaints, the pardon should have
CRIMINAL LAW TEAM

A: With the occurrence of the following specifically pleaded or alleged with certainty in the
circumstances, rape is punishable by death (Art. information.
266-B):
1. When by reason or on occasion of the Q: What is incestuous rape?
rape, a homicide is committed
2. When the victim is under 18 years of age A: It refers to rape committed by an ascendant of
and the offender is a parent, ascendant, the offended woman.
step-parent, guardian, relative by
consanguinity or affinity within the third Note: In incestuous rape of a minor, proof of force and
civil degree, or the common law spouse of violence exerted by the offender are not essential.
the victim. Moral ascendancy or parental authority of the accused
over the offended party takes the place of violence.
Note: A step-brother or step-sister
relationship between the offender and the Q: What is statutory rape?
offended party cannot elevate the crime to
qualified rape because they are not related A: Sexual intercourse with a girl below 12 years old
either by blood or affinity. The enumeration is statutory rape. (People v. Espina, G.R. No.
is exclusive. Hence, the common law 183564, June 29, 2011)
husband of the victims grandmother is not
included. Q: What are the elements of statutory rape?

3. When the victim is under the custody of A:
the police or military authorities or any 1. That the offender had carnal knowledge of the
law enforcement or penal institution. victim; and
4. When rape is committed in full view of 2. That the victim is below twelve (12) years old.
the husband, parent, any of the children (People v. Appattad, G.R. No. 193188, August
or other relatives within the third civil
10, 2011)
degree of consanguinity.
5. When the victim is engaged in a

legitimate religious vocation or calling and
Note: When the woman is under 12 years of age or is
is personally known to be such by the demented, sexual intercourse with her is always rape,
offender before or after the commission even if the sexual intercourse was with her consent.
of the crime. This is because the law presumes that the victim, on
6. When the victim is a child below 7 years account of her tender age, does not and cannot have a
old. will of her own.
7. When the offender knows that he is
inflicted with HIV/AIDS or any other Q: Suppose a 31-year old retardate with mental
sexually transmissible decease and the capacity of a 5-year old was raped, what is the
virus or decease is transferred to the crime committed?
victim.
8. When committed by any member of the A: Statutory rape. Her mental and not only her
AFP or paramilitary units thereof or the chronological age are considered. (People v.
PNP or any law enforcement agency or Manalpaz, G.R. No. L-41819, Feb. 28, 1978)
penal institution, when the offender took
advantage of his position to facilitate the Q: In the crime of rape or statutory rape, is it
commission of the crime. necessary to state the exact, or at least the
9. When by reason or on occasion of the approximate, date the purported rape was
rape, the victim has suffered permanent committed?
physical mutilation or disability.
10. When the offender knew of the A: GR: Time is not an essential element. What is
pregnancy of the offended party at the important is that the information alleges that the
time of the commission of the rape. victim was a minor under twelve years of age and
11. When the offender knew of the mental that the accused had carnal knowledge of her, even
disability, emotional disorder, and/or if the accused did not use force or intimidation on
physical handicap of the offended party at her or deprived her of reason.
the time of the commission of the crime.
XPN: The date of the commission of the rape
Note: The foregoing circumstances are in the nature of becomes relevant only when the accuracy and
qualifying aggravating circumstances which must be truthfulness of the complainants narration


practically hinge on the date of the b. Where the offended party is so situated as to
commission of the crime. (People v. Dion, G.R. render him/her incapable of giving consent
No. 181035, July 4, 2011) (Art. 266-D)

Q: What is the sweetheart theory in rape? Q: Does the absence of signs of external physical
injuries signify lack of resistance on the part of the
A: As held in People v. Cabanilla, the sweetheart rape victim?
defense is an affirmative defense that must be
supported by convincing proof. Having an illicit A: No. Resistance from the victim need not be
affair does not rule out rape as it does not carried to the point of inviting death or sustaining
necessarily mean that consent was present. A love physical injuries at the hands of the rapist.
affair does not justify rape for a man does not have
an unbridled license to subject his beloved to his Note: In rape, the force and intimidation must be
carnal desires against her will. (People v. Cias, G.R. viewed in light of the victims perception and
No. 194379, June 1, 2011) judgment at the time of commission of the crime. As
already settled in the jurisprudence, not all victims
Q: In cases of multiple rape, is it necessary to react the same way. Moreover, resistance is not an
prove every count of rape? element of rape. A rape victim has no burden to prove
that she did all within her power to resist the force or
intimidation employed upon her. As long as the force
A: Yes. It is settled that each and every charge of
or intimidation is present, whether it was more or less
rape is a separate and distinct crime that the law
irresistible is beside the point. (People v. Baldo, G.R.
requires to be proven beyond reasonable doubt.
No. 175238, Feb. 24, 2009)
The prosecution's evidence must pass the exacting
test of moral certainty that the law demands to Physical resistance need not be established in rape
satisfy the burden of overcoming the appellant's when intimidation is exercised upon the victim who
presumption of innocence. (People v. Arpon, G.R. submits against her will to the rapists lust because of
No. 183563, December 14, 2011) fear for her life or personal safety. (People v. Tuazon,
G.R. No. 168650, October 26, 2007)
Q: Is the victims reputation considered in the
prosecution of rape? Q: What is the importance of a medico legal
finding in the prosecution of rape cases?
A: No, it is immaterial in rape, there being
absolutely no nexus between it and the odious A: The medico-legal findings are merely
deed committed. A woman of loose morals could corroborative in character and is not an element of
still be a victim of rape, the essence thereof being rape. The prime consideration in the prosecution
carnal knowledge of a woman without her consent. of rape is the victim's testimony, not necessarily the
medical findings; a medical examination of the
Q: What is essential in proving the crime of rape? victim is not indispensable in a prosecution for
rape. The victim's testimony alone, if credible, is
sufficient to convict. (People v. Perez, G.R. No.
A: The date of the commission of the rape is not an 191265, September 14, 2011)
essential element of the crime of rape, for the
gravamen of the offense is carnal knowledge of a Q: What crime was committed if the victim was a
woman. The discrepancies in the actual dates the minor, is it rape or child abuse under RA 7610?
rapes took place are not serious errors warranting a
reversal of the appellants conviction. What is A: The accused can be charged with either Rape or
decisive in a rape charge is the victims positive Child Abuse and be convicted therefor. The case
identification of the accused as the malefactor. of People v. Abay, is enlightening and instructional
(People v. Mercado, G.R. No. 189847, May 30, on this issue. It was stated in that case that if the
2011) victim is 12 years or older, the offender should be
charged with either sexual abuse under Section 5(b)
Q: What are the evidences which may be accepted of R.A. No. 7610 or rape under Article 266-A (except
in the prosecution of rape? paragraph 1[d]) of the Revised Penal Code.
However, the offender cannot be accused of both
A: crimes for the same act because his right against
a. Any physical overt act manifesting resistance double jeopardy will be prejudiced. A person
against the act of rape in any degree from the cannot be subjected twice to criminal liability for a

offended party; or single criminal act. Likewise, rape cannot be
CRIMINAL LAW TEAM

complexed with a violation of Section 5(b) of RA On appeal to SC, the defendant raised a new
7610. Under Section 48 of the Revised Penal Code defense, the battered woman syndrome.
(on complex crimes), a felony under the Revised
Penal Code (such as rape) cannot be complexed R.A. 9262 took effect in March 27, 2004. It was
with an offense penalized by a special law. (People signed into law on March 8, 2004.
v. Dahilig G.R. No. 187083, June 13, 2011)
Q: What are included in the term violence?
Q: If on the occasion or by reason of rape, the
victim died, what is the crime committed? A: It includes, but is not limited to, the following
acts:
A: The special complex crime of rape with homicide a. Physical Violence acts that include
is committed. bodily or physical harm
b. Sexual Violence act which is sexual in
Q: What is the difference between attempted rape nature, committed against the woman or
and acts of lasciviousness? her child
A: c. Psychological Violence acts or omissions
Attempted Rape Acts of Lasciviousness causing or likely to cause mental or
There is no intention to emotional suffering to the victim
There is intent to effect lie with the offended d. Economic Abuse acts that make or
sexual cohesion, woman. The intention is attempt to make a woman financially
although unsuccessful. merely to satisfy lewd dependent (Sec. 3)
design.
Q: What are the punishable acts under R.A. 9262?
Q: What are the principles which guide the courts
in reviewing rape cases? A: The crime of violence against women and their
children is committed through any of the following
A: In reviewing rape cases, this Court is guided by acts:
three settled principles: 1. Causing physical harm to the woman or
1. An accusation of rape can be made with her child
facility and while the accusation is difficult 2. Threatening to cause the woman or her
to prove, it is even more difficult for the child physical harm
person accused, although innocent, to 3. Attempting to cause the woman or her
disprove; child physical harm
2. Considering the intrinsic nature of the 4. Placing the woman or her child in fear of
crime, only two persons being usually imminent physical harm
involved, the testimony of the 5. Attempting to compel or compelling the
complainant should be scrutinized with woman or her child to engage in conduct
great caution; and which the woman or her child has the
3. The evidence for the prosecution must right to desist from or desist from
stand or fall on its own merit, and cannot conduct which the woman or her child
be allowed to draw strength from the has the right to engage in, or attempting
weakness of the evidence for the to restrict or restricting the woman's or
defense. (People v. Ogarte y Ocob, G.R. her child's freedom of movement or
No. 182690, May 30, 2011) conduct by force or threat of force,
physical or other harm or threat of
Anti-Violence against Women and their Children physical or other harm, or intimidation
Act of 2004 (R.A. 9262) directed against the woman or child. This
shall include, but not limited to, the

following acts committed with the
Q: What is the history of R.A. 9262?
purpose or effect of controlling or

restricting the woman's or her child's
A: In People v. Genosa (G.R. No. 135981, Jan. 15,
2004), Minerva was found guilty of the crime of movement or conduct:
a. Threatening to deprive or
parricide for killing her husband. According to
actually depriving the woman or
evidence, the husband was a wife beater and that
her child of custody to her/his
one day, the wife probably got fed up and killed her
husband. Minerva admitted the killing but raised as family
b. Depriving or threatening to
justifying circumstances, self-defense and insanity.
deprive the woman or her


children of financial support A: It is an order issued for the purpose of

legally due her or her family, or preventing further acts of violence against a woman
deliberately providing the or her child. (Sec. 8)
woman's children insufficient
financial support Q: What are the kinds of protection orders?
c. Depriving or threatening to
deprive the woman or her child A:
of a legal right 1. Barangay Protection Orders (BPO)
d. Preventing the woman in 2. Temporary Protection Orders (TPO)
engaging in any legitimate 3. Permanent Protection Orders. (PPO)
profession, occupation,
business or activity or Q: What is a BPO?
controlling the victim's own
money or properties, or solely A: It refers to the protection order issued by
controlling the conjugal or the Punong Barangay ordering the perpetrator to
common money, or properties desist from committing acts under Section 5 (a) and
6. Inflicting or threatening to inflict physical (b). (Sec. 14)
harm on oneself for the purpose of
controlling her actions or decisions Q: Who may issue a BPO?
7. Causing or attempting to cause the
woman or her child to engage in any A: The Punong Barangay. If he is unavailable, the
sexual activity which does not constitute application shall be acted upon by any available
rape, by force or threat of force, physical Barangay Kagawad. (Sec. 14)
harm, or through intimidation directed
against the woman or her child or her/his Note: If the BPO is issued by a Barangay Kagawad, the
immediate family order must be accompanied by an attestation by
8. Engaging in purposeful, knowing, or the Barangay Kagawad that the Punong Barangay was
reckless conduct, personally or through unavailable at the time for the issuance of the BPO.
another that alarms or causes substantial
emotional or psychological distress to the Q: What is the period of effectivity of BPO?
woman or her child. This shall include, but
not be limited to, the following acts: A: BPOs shall be effective for fifteen (15) days. (Sec.
a. Stalking or following the woman 14)
or her child in public or private
places Q: What is a TPO?
b. Peering in the window or
lingering outside the residence A: It refers to the protection order issued by the
of the woman or her child court on the date of filing of the application after ex
c. Entering or remaining in the parte determination that such order should be
dwelling or on the property of issued. (Sec. 15)
the woman or her child against
her/his will Q : What is the period of effectivity of TPO?
d. Destroying the property and
personal belongings or inflicting A: It shall be effective for thirty (30) days. (Sec. 15)
harm to animals or pets of the
woman or her child Note: The court shall schedule a hearing on the
e. Engaging in any form of issuance of a PPO prior to or on the date of the
harassment or violence; expiration of the TPO. (Sec. 15)
9. Causing mental or emotional anguish,
public ridicule or humiliation to the Q: What is PPO?
woman or her child, including, but not
limited to, repeated verbal and emotional A: It refers to protection order issued by the court
abuse, and denial of financial support or after notice and hearing. (Sec. 16)
custody of minor children of access to the
Note: The court shall not deny the issuance of
woman's child/children. (Sec.5)
protection order on the basis of the lapse of time

between the act of violence and the filing of the
Q: What is a Protection Order?
application. (Sec. 16)

CRIMINAL LAW TEAM

Q: What is the period of effectivity of PPO? 1. attest that the victim is residing in the
municipality or city over which court has
A: It shall be effective until revoked by a court upon territorial jurisdiction, and
application of the person in whose favor the order 2. shall provide a mailing address for purpose
was issued. (Sec. 16) of service processing. (Sec. 11)

Q: Where can the TPO and PPO be filed? Anti-Child Pornography Act of 2009 (R.A. 9775)

A: GR: TPO and PPO are filed in the Family court at Q: Who are considered children under R.A. 9775?
the place of residence of petitioner.
A: Children refer to persons below 18 years of age
EXP: In the absence of the Family court, with or over, but is unable to fully take care of
the RTC, MeTC, MTC or MCTC with territorial themselves from abuse, neglect, cruelty,
jurisdiction over the place of residence of the exploitation or discrimination because of a physical
petitioner (Sec. 10). or mental disability or condition.

Note: The issuance of a BPO or the pendency of Note: A child shall also refer to:
application for BPO shall not preclude a petitioner 1. A person regardless of age who is
from applying for, or the court from granting a TPO or presented, depicted or believed to be a child
PPO. as defined herein
2. Computer-generated, digitally or manually
Q: Who may file Petition for Protection orders? crafted images or graphics of a person who
is represented or who is made to appear to
A: A petition for protection order may be filed by be a child as defined herein.
any of the following:
1. The offended party; Q: What is child pornography?
2. Parents or guardians of the offended
party; A: Child pornography refers to any public or private
3. Ascendants, descendants or collateral representation, whether visual, audio, or written
relatives within the fourth civil degree of combination thereof, by electronic, mechanical,
consanguinity or affinity; digital, optical, magnetic or by whatever means, of
4. Officers or social workers of the DSWD or a child engaged in real or simulated explicit sexual
social workers of local government units activities or any representation of the sexual parts
(LGUs); of a child primarily for sexual purposes.
5. Police officers, preferably those in charge
of women and children's desks; Q: To what does explicit sexual activity refer to?
6. Punong Barangay or Barangay Kagawad;
7. Lawyer, counselor, therapist or healthcare A: Explicit sexual activity refers to actual or
provider of the petitioner; simulated:
8. At least two (2) concerned responsible 1. Sexual intercourse or lascivious act
citizens of the city or municipality where including, but not limited to, contact
the violence against women and their involving genital to genital, oral to genital,
children occurred and who has personal anal to genital or oral to anal, whether
knowledge of the offense committed. between persons of the same or opposite
(Sec. 9) sex
2. Bestiality
Note: If the applicant is not the victim, the application 3. Masturbation
must be accompanied by an affidavit of the applicant 4. Sadistic or masochistic abuse
attesting to: 5. Exhibition of the genitals, buttocks,
1. The circumstances of the abuse suffered by breast, pubic area and/or anus
the victim and 6. Use of any object or instrument for
2. The circumstances of consent given by the lascivious acts
victim for the filling of the application.
Q: What are primarily sexual purposes?
When disclosure of the address of the victim will pose
danger to her life, it shall be so stated in the A: It refers to purposes which will fulfill all the
application. In such a case, the applicant shall: following conditions:
1. The average person applying
contemporary community standards


would find the work taken as a whole c. Written text or material that
appealing to prurient interest and advocates or counsels explicit sexual
satisfying only the market for gratuitous activity with a child and whose
sex and violence dominant characteristic is the
2. The work depicts or describes sexual description, for a sexual purpose, of
conduct in a patently offensive way an explicit sexual activity with a
3. The work taken as a whole imbued within child.
its context, manner or presentation,
intention and culture, lascivious, literary, 2. As to content: It includes representation of a
artistic, political and scientific value. person who is, appears to be, or is represented
as being a child, the dominant characteristic of
Q: What are child pornography materials? which is the depiction, for a sexual purpose, of
the:
A: Child pornography materials refers to the means a. Sexual organ or the anal region, or a
and methods by which child pornography is carried representation thereof; or
out: b. Breasts, or a representation of the
breasts, of a female person.
1. As to form:
a. Visual depiction - which includes not Q: What is grooming?
only images of real children but also
digital image, computer image or A: Grooming refers to the act of preparing a child or
computer-generated image that is someone who the offender believes to be a child
indistinguishable from that of real for sexual activity or sexual relationship by
children engaging in an explicit communicating any form of child pornography.
sexual activity. Visual depiction shall
include: Note: Grooming includes online enticement or
i. Undeveloped film and enticement through any other means.
videotapes
ii. Data and/or images stored on a Q: What is luring?
computer disk or by electronic
means capable of conversion A: Luring refers to the act of communicating, by
into a visual image means of a computer system, with a child or
iii. Photograph, film, video, picture, someone who the offender believes to be a child
digital image or picture, for the purpose of facilitating the commission of
computer image or picture, sexual activity or production of any form of child
whether made or produced by pornography.
electronic, mechanical or other
means Q: What is pandering?
iv. Drawings, cartoons, sculptures
or paintings depicting children A: Pandering is the act of offering, advertising,
v. Other analogous visual promoting, representing, or distributing through
depiction any means any material or purported material that
b. Audio representation of a person is intended to cause another to believe that the
who is or is represented as being a material or purported material contains any form of
child and who is engaged in or is child pornography, regardless of the actual content
represented as being engaged in of the material or purported material.
explicit sexual activity, or an audio
representation that advocates, Q: What are punishable acts under RA 9775?
encourages or counsels any sexual
activity with children which is an A: The punishable acts are:
offense under this Act.
1. To hire, employ, use, persuade, induce or
Note: Such representation includes coerce a child to perform in the creation
audio recordings and live audio or production of child pornography
transmission conveyed through 2. To produce, direct, manufacture or create
whatever medium including real-time any form of child pornography and child
internet communications. pornography materials

CRIMINAL LAW TEAM

3. To sell, offer, advertise and promote child 1. The ff. are liable as PRINCIPAL:
pornography and child pornography a. The officers and members of the
materials fraternity, sorority or organization who
4. To possess, download, purchase, actually participated in the infliction of
reproduce or make available child physical harm.
pornography materials with the intent of b. The parents of one of the officer or
selling or distributing them member of the fraternity, sorority or
5. To publish, post, exhibit, disseminate, organization, when they have actual
distribute, transmit or broadcast child knowledge of the hazing conducted in
pornography or child pornography their home but failed to take any action
materials to prevent the same from occurring.
6. To knowingly possess, view, download, c. The officers, former officers or alumni of
purchase or in any way take steps to the organization, group, fraternity or
procure, obtain or access for personal use sorority who actually planned the hazing
child pornography materials although not present when the acts
7. To attempt to commit child pornography constituting hazing were committed.
by luring or grooming a child. (Sec. 4)
Note: The presence of any person during the
Anti Hazing Law (R.A. 8049) hazing is prima facie evidence of participation
therein as principal, UNLESS he prevented the

commission of the acts punishable therein.
Q: What is Hazing?

2. The ff. are liable as ACCOMPLICE:
A: Hazing is an initiation rite or practice as a
a. The owner of the place where the hazing
prerequisite for admission into membership in a
is conducted, when he has actual
fraternity, sorority or organization by placing the
knowledge of the hazing conducted
recruit, neophyte or applicant in some
therein but failed to take any action to
embarrassing or humiliating situations such as
prevent the same from occurring.
forcing him to do menial, silly, foolish and other
b. The school authorities including faculty
similar tasks or activities or otherwise subjecting
members who consent to the hazing or
him to physical or psychological suffering or injury.
who have actual knowledge thereof, but

failed to take any action to prevent the
Q: What are the allowed initiation rites?
same from occurring.

A:
1. Those conducted by organizations

which shall include any club or the AFP,
A:
PNP, PMA, or officer and cadet corp of
1. Hazing or initiation rites in any form or manner
the Citizen's Military Training and CAT.
by a fraternity, sorority or organization
The physical, mental and psychological
without prior written notice to the school
testing and training procedure and
authorities or head of organization 7 days
practices to determine and enhance the
before the conduct of such initiation.
physical, mental and psychological fitness
2. Infliction of any physical violence during
of prospective regular members of the
initiation rites
AFP and the PNP as approved by the

Secretary of National Defense and the
Q: When will maximum penalty be imposed?
National Police Commission duly

recommended by the Chief of Staff, AFP
A:
and the Director General of the PNP.
1. When the recruitment is accompanied by

force, violence, threat, intimidation or deceit
2. Those conducted by any fraternity,
on the person of the recruit who refuses to
sorority or organization with prior written
join
notice to the school authorities or head of
2. When the recruit, neophyte or applicant
organization 7 days before the conduct of
initially consents to join but upon learning that
such initiation.
hazing will be committed on his person, is

prevented from quitting
Q: Who are liable?
3. When the recruit, neophyte or applicant

having undergone hazing is prevented from
A:
reporting the unlawful act to his parents or


guardians, to the proper school authorities, or occurred only once. Section 3(b) of RA 7610
to the police authorities, through force, provides that the abuse may be habitual or not.
violence, threat or intimidation Hence, the fact that the offense occurred only once
4. When the hazing is committed outside of the is enough to hold Garingarao liable for acts of
school or institution lasciviousness under R.A. 7610. (Garingarao v.
5. When the victim is below 12 years of age at People, G.R. No. 192760, July 20, 2011)
the time of the hazing.
Q: In general, what are the punishable acts under
Note: The fraternity, sorority or the organization this act?
should be one which is recognized by law, i.e. the
school or university for the Anti-Hazing Law to be A:
applicable. If the organization is neither recognized by 1. Child prostitution and other sexual abuse
law nor formed for legal purposes, there is no hazing (Sec.5)
even if the applicant is tortured or injured as 2. Child trafficking (Sec. 7)
requirement for admission. The formation of the
organization or association for an illegal purpose is a
Q: What is child prostitution?
crime in itself.

A: Children, whether male or female, are deemed
Special Protection of Children Against Child Abuse, to be exploited in prostitution and other sexual
Exploitation and Discrimination Act (R.A. 7610, as abuse when, for money, profit, or any other
amended) consideration or due to the coercion or influence of
any adult, syndicate or group, they indulge in sexual
Q: What does children refer to? intercourse or lascivious conduct.

A: Children refers to persons below eighteen (18) Q: Who are liable for child prostitution?
years of age or those over but are unable to fully
take care of themselves or protect themselves from A:
abuse, neglect, cruelty, exploitation or 1. Those who engage in or promote, facilitate or
discrimination because of a physical or mental induce child prostitution which include, but are
disability or condition (Sec. 3 [a]) not limited to, the following:
a. Acting as a procurer of a child prostitute;
Q: What is child abuse? b. Inducing a person to be a client of a child
prostitute by means of written or oral
A: Child abuse refers to the maltreatment, whether advertisements or other similar means;
habitual or not, of the child which includes any of c. Taking advantage of influence or
the following: relationship to procure a child as
1. Psychological and physical abuse, neglect, prostitute;
cruelty, sexual abuse and emotional d. Threatening or using violence towards a
maltreatment; child to engage him as a prostitute; or
2. Any act by deeds or words which debases, e. Giving monetary consideration goods or
degrades or demeans the intrinsic worth other pecuniary benefit to a child with
and dignity of a child as a human being; intent to engage such child in
3. Unreasonable deprivation of his basic prostitution.
needs for survival, such as food and
shelter; or 2. Those who commit the act of sexual
4. Failure to immediately give medical intercourse or lascivious conduct with a child
treatment to an injured child resulting in exploited in prostitution or subject to other
serious impairment of his growth and sexual abuse; Provided, That when the victim
development or in his permanent is under twelve (12) years of age, the
incapacity or death. perpetrators shall be prosecuted under Article
335, paragraph 3, for rape and Article 336 of
Q: Should there be only one incident when he the Revised Penal Code, for rape or lascivious
allegedly touched the breasts and private parts of conduct, as the case may be, and
a minor, AAA, is it correct that the accused should
have been convicted only of acts of lasciviousness 3. Those who derive profit or advantage
and not of violation of RA 7610? therefrom, whether as manager or owner of
the establishment where the prostitution takes
A: No. The Court has already ruled that it is place, or of the sauna, disco, bar, resort, place
inconsequential that sexual abuse under RA 7610
CRIMINAL LAW TEAM

of entertainment or establishment serving as a institutions who can be offered for the

cover or which engages in prostitution in purpose of child trafficking.
addition to the activity for which the license
has been issued to said establishment. Q: Who are liable for other acts of neglect, abuse,
cruelty or exploitation and other conditions
Q: When is there an attempt to commit child prejudicial to the child's development?
prostitution?
A:
A: There is an attempt to commit child prostitution 1. Any person who shall commit any other acts of
when: child abuse, cruelty or exploitation or to be
1. Any person who, not being a relative of a responsible for other conditions prejudicial to
child, is found alone with the said child the child's development,
inside the room or cubicle of a house, an 2. Any person who shall keep or have in his
inn, hotel, motel, pension house, company a minor, twelve (12) years or under
apartelle or other similar establishments, or who in ten (10) years or more his junior in
vessel, vehicle or any other hidden or any public or private place, hotel, motel, beer
secluded area under circumstances which joint, discotheque, cabaret, pension house,
would lead a reasonable person to believe sauna or massage parlor, beach and/or other
that the child is about to be exploited in tourist resort or similar places, Provided, That
prostitution and other sexual abuse. this provision shall not apply to any person
2. Any person is receiving services from a who is related within the fourth degree of
child in a sauna parlor or bath, massage consanguinity or affinity or any bond
clinic, health club and other similar recognized by law, local custom and tradition
establishments. or acts in the performance of a social, moral or
legal duty.
Q: What is child trafficking? 3. Any person who shall induce, deliver or offer a
minor to any one prohibited by this Act to
A: There is child trafficking when any person keep or have in his company a minor as
engages in trading and dealing with children provided in the preceding paragraph,
including, but not limited to, the act of buying and 4. Any person, owner, manager or one entrusted
selling of a child for money, or for any other with the operation of any public or private
consideration, or barter. place of accommodation, whether for
occupancy, food, drink or otherwise, including
Q: Is there an attempt to commit child trafficking? residential places, who allows any person to
take along with him to such place or places any
A: Yes. Under Sec 7 of R.A. 7610, there is an minor herein described,
attempt to commit child trafficking: 5. Any person who shall use, coerce, force or
a. When a child travels alone to a foreign intimidate a street child or any other child to;
country without valid reason therefor and a. Beg or use begging as a means of living;
without clearance issued by the b. Act as conduit or middlemen in drug
Department of Social Welfare and trafficking or pushing; or
Development or written permit or c. Conduct any illegal activities
justification from the child's parents or
legal guardian; Q: To what does "Comprehensive program against
b. When a person, agency, establishment or child abuse, exploitation and discrimination" refer
child-caring institution recruits women or to?
couples to bear children for the purpose
of child trafficking; or A: It refers to the coordinated program of services
c. When a doctor, hospital or clinic official and facilities to protected children against:
or employee, nurse, midwife, local civil 1. Child Prostitution and other sexual abuse;
registrar or any other person simulates 2. Child trafficking;
birth for the purpose of child trafficking; 3. Obscene publications and indecent
or shows;
d. When a person engages in the act of 4. Other acts of abuses; and
finding children among low-income 5. Circumstances which threaten or
families, hospitals, clinics, nurseries, day- endanger the survival and normal
care centers, or other child-during development of children.



Q: How are obscene publications and indecent Q: What is the difference between prosecution for
shows committed? acts of lasciviousness under Art. 336, RPC and R.A.
7610?
A: Any person who shall hire, employ, use,
persuade, induce or coerce a child to perform in A:
obscene exhibitions and indecent shows, whether Art. 336 RPC RA 7610
live or in video, or model in obscene publications or
pornographic materials or to sell or distribute the Acts of lasciviousness is Lascivious conduct is
said materials. committed when the defined as the intentional
act performed with touching, either directly
If the child used as a performer, subject or lewd design was or through clothing, of
seller/distributor is below twelve (12) years of age, perpetrated under the genitalia, anus, groin,
the penalty shall be imposed in its maximum circumstances which breast, inner thigh, or
period. (Sec 9) would have brought buttocks, or the
about the crime of rape introduction of any object
Q: When is an establishment deemed to promote if sexual intercourse into the genitalia, anus or
or facilitate child prostitution and other sexual was effected. mouth of any person,
abuse, child trafficking, obscene publications and whether of the same or
indecent shows, and other acts of abuse? opposite sex, with an
intent to abuse,
A: If the acts constituting the same occur in the humiliate, harass,
premises of said establishment under this Act or in degrade, or arouse or
violation of the Revised Penal Code, as amended. gratify the sexual desire
An enterprise such as a sauna, travel agency, or of any person, bestiality,
recruitment agency which: promotes the masturbation, lascivious
aforementioned acts as part of a tour for foreign exhibition of the genitals
tourists; exhibits children in a lewd or indecent or pubic area of a person.
show; provides child masseurs for adults of the
same or opposite sex and said services include any Shall be punished by The penalty for lascivious
lascivious conduct with the customers; or solicits prision correccional conduct when the victim
children or activities constituting the is below 12 years old shall
aforementioned acts shall be deemed to have be reclusion temporal in
committed the acts penalized herein. (Sec 11) its medium period. (Sec.
5, RA 7610)
Q: What are the sanctions of establishments and
enterprises? Juvenile Justice and Welfare Act of 2006 (R.A.
9344)
A: All establishments and enterprises which

promote or facilitate child prostitution and other
Q: What are the acts considered prejudicial to the
sexual abuse, child trafficking, obscene publications
child and are prohibited?
and indecent shows, and other acts of abuse shall

be immediately closed and their authority or license
A: The following and any other similar acts shall be
to operate cancelled, without prejudice to the
considered prejudicial and detrimental to the
owner or manager thereof being prosecuted under
psychological, emotional, social, spiritual, moral and
this Act and/or the Revised Penal Code, as
physical health and well-being of the child in
amended, or special laws.
conflict with the law and therefore, prohibited:

1. Employment of threats of whatever kind
and nature
2. Employment of abusive, coercive and
punitive measures such as cursing,
beating, stripping, and solitary
confinement
3. Employment of degrading, inhuman end
cruel forms of punishment such as
shaving the heads, pouring irritating,
corrosive or harmful substances over the
body of the child in conflict with the law,
or forcing him/her to walk around the
CRIMINAL LAW TEAM

community wearing signs which

embarrass, humiliate, and degrade
his/her personality and dignity
4. Compelling the child to perform
involuntary servitude in any and all forms
under any and all instances. (Sec. 61)

Q: What are the prohibited acts of competent
authorities under R.A. 9344?

A: In the conduct of the proceedings beginning
from the initial contact with the child, the
competent authorities must:
1. Refrain from branding or labeling children
as young criminals, juvenile delinquents,
prostitutes or attaching to them in any
manner any other derogatory names
2. Make no discriminatory remarks
particularly with respect to the child's
class or ethnic origin. (Sec. 60)



CRIMES AGAINST LIBERTY AND SECURITY A: The deprivation required by Article 267 of the
RPC means not only the imprisonment of a person,
but also the deprivation of his liberty in whatever
Kidnapping and Serious Illegal Detention
form and for whatever length of time. It involves a
Art. 267
situation where the victim cannot go out of the

place of confinement or detention or is restricted or
impeded in his liberty to move. If the victim is a

child, it also includes the intention of the accused to
A:
deprive the parents of the custody of the child.
1. Offender is a private individual who is not any
(People v. Baluya y Notarte, G.R. No. 181822, April
of the parents of the victim
13, 2011)
2. He kidnaps or detains another, or in any other

manner deprives the latter of his liberty
Q: Jomarie, a minor, was dragged to the house of
3. Act of detention or kidnapping must be illegal
Gutierrez after she refused to go with him. Upon
4. In the commission of the offense, any of the
reaching the house, he tied her hands. When
following circumstances is present:
Jomarie pleaded that she be allowed to go home,
a. Kidnapping or detention lasts for more
he refused. Although Jomarie only stayed outside
than 3 days
the house, it was inside the gate of a fenced
b. It is committed simulating public
property which is high enough such that people
authority
outside could not see what happens inside. Was
c. Any serious physical injuries are inflicted
there kidnapping?
upon the person kidnapped or detained

or threats to kill him are made
A: Yes. When Gutierrez tied the hands of Jomarie,
d. The person kidnapped or detained is a
the formers intention to deprive Jomarie of her
minor, female, or a public officer.
liberty has been clearly shown. For there to be

kidnapping, it is enough that the victim is restrained
Q: When is detention considered illegal?
from going home. Because of her tender age, and

because she did not know her way back home, she
A: The detention punished in this article is
was then and there deprived of her liberty. It has
considered illegal when such detention is not
been repeatedly held that if the victim is a minor,
ordered by a competent authority or not permitted
the duration of his detention is immaterial. (People
by law.
v. Jacalne y Gutierrez, ibid.)

Q: If a person is transported from one place to
Q: Suppose the kidnapped victim disappeared, will
another, what crimes may be possibly committed?
such disappearance negate criminal liability of the

kidnappers?
A:

1. Forcible abduction If a woman is transported
A: No, because in kidnaping, the essential element
from one place to another by virtue of
is deprivation of the victims liberty and the
restraining her of her liberty and that act is
subsequent disappearance of the victim will not
coupled with lewd designs.
exonerate the accused from prosecution.
2. Kidnapping with serious illegal detention If a
Otherwise, kidnappers can easily avoid punishment
woman is transported just to restrain her
by the simple expedient of disposing of their
liberty. There is no lewd design or intent.
victims bodies.
3. Grave coercion If a woman is carried away

just to break her will, to compel her to agree to
Q: What is the effect of the voluntary release of
demand or request by the offender.
the victim on the criminal liability of the

kidnappers?
Q: What is the essence of kidnapping?

A:
A: The essence of the crime of kidnapping is the
1. If it is serious illegal detention, the voluntary
actual deprivation of the victims liberty, coupled
release has no effect on the criminal liability of
with the intent of the accused to effect it. (People v.
the offenders.
Jacalne y Gutierrez, G.R. No. 168552, October 3,
2. If it is slight illegal detention, the voluntary
2011)
release will mitigate the criminal liability of the

offenders.
Q: What does deprivation means?
3. In kidnapping for ransom, voluntary release

will not mitigate the crime.
CRIMINAL LAW TEAM

BOOK 2: CRIMES AGAINST LIBERTY AND SECURITY
while being detained inside a room, unknown to

Q: What is a ransom? Rosalina, Rafael had just died and his body was
placed inside the trunk of a car. What crime was
A: A ransom is the money, price or consideration committed?
paid or demanded for the redemption of a captured
person or persons, the payment of which releases A: The special complex crime of Kidnapping with
them from captivity. This is true even though what Homicide due to Republic Act No. 7659, which
is being demanded is due to the offender such as amended Article 267 of the Revised Penal Code. As
debt or rent. expounded in People v. Ramos, Where the person
kidnapped is killed in the course of the detention,
Q: Is demand for ransom necessary to regardless of whether the killing was purposely
consummate the crime? sought or was merely an afterthought, the
kidnapping and murder or homicide can no longer
A: No. Asking for ransom money is not an element be complexed under Art. 48, nor be treated as
of the offense. If the purpose of kidnapping is to separate crimes, but shall be punished as a special
extort ransom even if there is no actual demand, complex crime under the last paragraph of Art. 267,
then it will aggravate the penalty. as amended by RA No. 7659. (People v. Montanir,
et. al, G.R. No. 187534, April 4, 2011)
Q: What are the circumstances which qualify the
crime of kidnapping and serious illegal detention? Q: Suppose the taking of the victim is only
incidental to the basic purpose to kill, what is the
A: crime committed?
1. If the purpose of the kidnapping is to extort
ransom. A: The crime is only murder not the special complex
crime of kidnapping with homicide because the
Note: If the victim is kidnapped and illegally primordial intent is to kill the victim and the
detained for the purpose of extorting ransom, the deprivation of liberty is merely incidental thereto.
duration of his detention is immaterial. (People v.
Ramos, G.R. No. 178039 January 19, 2011) Q: Suppose the persons killed on the occasion of
kidnapping are other persons, not the victims
2. When the victim is killed or dies as a themselves, what is/are the crime/s committed?
consequence of the detention.
3. When the victim is raped. A: Two separate crimes of murder or homicide and
4. When the victim is subjected to torture or kidnapping. The killing would be treated as a
dehumanizing acts. separate crime.

Note: If the victim is a woman or a public officer, the Q: The accused detained the victim AAA for 39
detention is always serious no matter how short the days and raped her four (4) times, is the RTC
period of detention is.
correct in its ruling that kidnapping with rape, four
counts of rape and rape through sexual assault
Q: What special complex crimes may arise in were committed?
kidnapping?
A: No. The crime committed was a special complex
A: crime of kidnapping with rape. Emphatically, the
1. Kidnapping with homicide last paragraph of Article 267 of the Revised Penal
2. Kidnapping with rape Code, as amended, states that when the victim is
3. Kidnapping with physical injuries killed or dies as a consequence of the detention or
is raped, or is subjected to torture or dehumanizing
Q: How is the term homicide in the last paragraph acts, the maximum penalty shall be imposed. This
of Art. 267 construed? provision gives rise to a special complex crime.
Notably, however, no matter how many rapes had
A: Homicide is used in the generic sense and been committed in the special complex crime of
includes murder because the killing is not treated as kidnapping with rape, the resultant crime is only
a separate crime but a qualifying circumstance. one kidnapping with rape. In a way, R.A. 7659
depreciated the seriousness of rape because no
Q: Rafael was forcibly dragged and poked with a matter how many times the victim was raped, like
gun by the accused. Upon Rosalinas plea for pity in the present case, there is only one crime
due to Rafaels existing heart ailment, Rosalina committed the special complex crime of
was allowed to apply CPR. Later that afternoon,


kidnapping with rape. (People v. Mirandilla, Jr., G.R. intention of the of the victim is coupled
No. 186417 July 27, 2011) offender is merely to with lewd designs.
detain the victim.
Q: If the crime of kidnapping was committed
through conspiracy and rape was committed on Q: What distinguishes kidnapping for ransom from
the occasion thereof, but one of the conspirators robbery, insofar as the delivery of money to the
were no longer associated with the one who raped offenders is concerned?
the victim, can he be held liable for kidnapping
with rape? A:
Kidnapping for Ransom Robbery
A: No. There was no opportunity to prevent his co The motive of the
conspirators from raping the victim because at the Ransom is paid in offenders is not to
time of rape, he was no longer associated with his exchange for the restrain or deprive the
co conspirators. He cannot be held liable for the offended partys victim of his liberty but
subsequent rape of the victim. (People v. liberty. to divest him of his
Anticamara y Cabillo et al, G.R. No. 178771, June 8, valuables.
2011)
Q: What are the distinctions between illegal
Q: What are the distinctions between kidnapping detention and arbitrary detention?
with rape and forcible abduction with rape?
A:
A: Illegal Detention Arbitrary Detention
Forcible Abduction Committed by a private Committed by a
Kidnapping with Rape
with Rape person who kidnaps, public officer who
The crime is complex detains or otherwise detains a person
The crime is composite
under Art. 48 since deprives another of his without legal
or a special complex
forcible abduction is a liberty. grounds.
crime if the woman
necessary means to Crime against the
kidnapped is also raped. Crime is against personal
commit the rape. fundamental law of
There is no lewd design There is lewd design. liberty and security.
the State.
Rape is not a separate
Rape is treated as a
crime but merely a
separate crime. Slight Illegal Detention
qualifying circumstance.
Art. 268
If there are multiple

rapes, only one rape
shall be complexed with

forcible abduction
Even if there are A:
because the abduction
multiple rapes, there is 1. Offender is a private individual
is a necessary means to
only one crime of 2. He kidnaps or detains another, or in any other
commit only the first
kidnapping with rape. manner deprives him of his liberty
rape, thus the other
3. Act of kidnapping or detention is illegal
rape incidents will be
4. Crime is committed without the attendance of
treated as separate
any of the circumstances enumerated in Art.
crimes.
267
If rape is merely

If rape was merely attempted, there is only
Q: What is the effect of the voluntary release of
attempted, 2 separate forcible abduction, the
the victim on the criminal liability of the
crimes are committed- attempt to rape is
kidnappers?
kidnapping and deemed merely a

attempted rape. manifestation of lewd
A: If the offender (a) voluntarily releases the person
designs.
so kidnapped or detained within 3 days from the
commencement of the detention (b) without having
Q: What is the difference between kidnapping and attained the purpose intended and (c) before the
forcible abduction? institution of criminal proceedings against him, his
liability is mitigated.
A:
Kidnapping Forcible Abduction Note: No mitigation of the penalty is allowed when the
At the outset, the At the outset, the taking proceedings have already been instituted for the
CRIMINAL LAW TEAM

simple reason that in this case, the accused acted Q: What variant crimes are committed if a person
because of fear rather than repentance. is arrested and/or detained?

Unlawful Arrest A:
Art. 269 1. If the arrest is made without a warrant and
under circumstances not allowing a
Q: What are the elements of unlawful arrest? warrantless arrest, the crime would be
unlawful arrest.
A: 2. If the person arrested is not delivered to the
1. Offender arrests or detains another person. authorities, the private individual making the
2. Purpose of the offender is to deliver him to the arrest incurs criminal liability for illegal
proper authorities. detention under Art.267 or 268.
3. Arrest or detention is not authorized by law or 3. If the offender is a public officer, the crime is
there is no reasonable ground therefor. arbitrary detention under Article 124.
4. If the detention or arrest is for a legal ground,
Note: In unlawful arrest, the illegal detention is only but the public officer delays delivery of the
incidental. However, if it is arbitrary detention, it the person arrested to the proper judicial
unlawful arrest which is incidental authorities, the crime is delay in the delivery of
detained persons under Article 125.
Q: Who may be held liable under this article?
Q: What are the distinctions between Delay in the
A: Offender is any person, whether a public officer Delivery of Detained Persons and Unlawful Arrest?
or a private individual. However, the public officer
must not be vested with the authority to arrest or A:
detain a person or must not act in his official Delay In the Delivery of
capacity. Otherwise, Art. 124 is applicable and not Unlawful Arrest
Detained Persons
Art. 269. Detention is for some Detention is not
legal ground authorized by law
Note: If the offender is a public officer or a law Crime is committed by
enforcer and he arrested or detained, without legal or failing to deliver such Committed by making an
reasonable ground, any person within his jurisdiction
person to the proper arrest not authorized by
for the purpose of delivering him to the proper
judicial authority within law
authorities, such officer is guilty of Arbitrary Detention
a certain period
under Art. 124 under the RPC. If the person arrested or
detained is not within his jurisdiction, the officers act
would constitute Unlawful Arrest under this article. Kidnapping and Failure to Return a Minor
Art. 270
Q: What is the essence of the crime of unlawful
arrest? Q: What are the elements of this crime?

A: The arrest must be made for the purpose of A:
delivering the person arrested to the proper 1. Offender is entrusted with the custody of a
authorities but it was made without any reasonable minor person
grounds therefore. 2. He deliberately fails to restore the said minor
to his parents or guardians.
Note: If the purpose is not to deliver the person to the
proper authorities, the crime could be Illegal Detention Note: While one of the essential elements of this crime
under Art. 267 or 268 of the Revised Penal Code since is that the offender was entrusted with the custody of
the person arrested would necessarily be deprived of the minor, what is actually being punished is not the
his liberty. kidnapping but the deliberate failure of that person to
restore the minor to his parents or guardians. As the
Q: Is there a period of detention fixed by law? penalty for such an offense is so severe, the Court
further explained what deliberate as used in Article
A: None. What is controlling is the motive of the 270 means something more than mere negligence- it
offender. If his purpose is to deliver him to the must be premeditated, headstrong, foolishly daring or
proper authorities, it is still unlawful arrest. But the intentionally and maliciously wrong. (People v.
absence of this motive may be shown by the length Marquez, April 2011)
of time the victim is detained.



Q: Can this crime be committed by the parents of of his guardians and it is not necessary that the
the minor? minor actually abandons the home.

A: Yes. This happens where they live separately and Q: What is the rationale for penalizing the crime of
the custody of the minor is given to one of them, inducing a minor to abandon his home?
the other parent kidnaps such minor from the one
having the lawful custody of the child. A: This article is intended to discourage and prevent
disruption of filial relationship and undue
Q: If any of the elements of Art. 270 is absent, interference with the parents right and duty to the
what crime is committed? custody of their minor children and to rear them.

A: The kidnapping of the minor will then fall under Q: What is the main distinction between
Article 267 (kidnapping and serious illegal kidnapping and serious illegal detention and
detention), but if the accused is any of the parents, inducing a minor to abandon his home?
Article 267 does not apply. Articles 270 and 271 will
apply. A:
Kidnapping and Serious Inducing a Minor to
Q: What is the main distinction between Illegal Detention (Art. Abandon his Home
kidnapping and serious illegal detention and 267) (Art. 271)
kidnapping and failure to return a minor? Parents can commit
Cannot be committed by
this crime against their
the parents of the minor.
A: own children.
Kidnapping and
Kidnapping and Failure
Serious Illegal Slavery
to Return a Minor
Detention Art. 272
Offender is not Offender is entrusted
entrusted with the with the custody of the Q: What are the elements of Slavery?
custody of the victim minor
What is punished is the A:
deliberate failure of the 1. That the offender purchases, sells, kidnaps or
Illegally detaining or offender having the detains a human being.
kidnapping the minor custody of the minor to 2. That the purpose of the offender is to enslave
restore him to his such human being.
parents or guardian
Note: If a person was obliged to render service in
Inducing a Minor to Abandon His Home anothers house as a servant without remuneration
Art. 271 whatever and to remain there so long as he has not
paid his debt, the crime of slavery is committed. (Reyes
Q: What are the elements of this crime? vs. Alojado, 16 Phil. 499)

A: Q: Is there any qualifying circumstance?
1. A minor is living in the home of his parents or
guardian or the person entrusted with his A: Yes, such as when the purpose of the offender is
custody. to assign the offended party to some immoral
2. Offender induces said minor to abandon such traffic. E.g. Prostitution
home.
Q: What is the main distinction between slavery
Note: Inducement must be actual, committed with and white slave trade?
criminal intent, and determined by a will to cause
damage. The minor should not leave his home of his A:
own free will. Slavery White SLAVE Trade
The offender is not
The offender is engaged
Q: Is it necessary that the minor actually abandon engaged in
in prostitution.
the home to commit the crime? prostitution.

A: No. What constitutes the crime is the act of Q: How is slavery distinguished from illegal
inducing a minor to abandon his home or the home detention?

CRIMINAL LAW TEAM

A: supposed debt of his the offender

Slavery Illegal Detention parent or guardian
The purpose is to Service of minor is not
The purpose for the Limited to household
deprive or restrain the limited to household
detention is to enslave and farm work
offended party of his and farm work
the offended party.
liberty.
Abandonment of Persons in Danger and
Note: In both, the offended party is detained. Abandonment of Ones own Victim
Art. 275
Exploitation of Child Labor
Art. 273 Q: What are the punishable acts?

1. Failing to render assistance to any person
A: whom the offender finds in an uninhabited
1. Offender retains a minor in his service place wounded or in danger of dying when he
2. It is against the will of the minor can render such assistance without detriment
3. It is under the pretext of reimbursing to himself, unless such omission shall
himself of a debt incurred by an constitute a more serious offense.
ascendant, guardian or person entrusted
with the custody of such minor. Elements:
a. The place is not inhabited
Note: Indebtedness is not a ground for detention. b. Accused found there a person
However if the minor consents to render service and wounded or in danger of dying
be retained under the pretext of reimbursing a debt c. Accused can render assistance without
incurred, there is no crime. The debt must be that detriment to himself
incurred by the ascendants, guardian or custodian of d. Accused fails to render assistance
the minor.

2. Failing to help or render assistance to another
Services Rendered under Compulsion in Payment whom the offender has accidentally wounded
of Debt or injured.
Art. 274
Note: The character of the place is immaterial.
3. Failing to deliver a child under seven (7) years
A: of age whom the offender has found
1. Offender compels a debtor to work for him, abandoned, to the authorities or to his family,
either as household servant or farm laborer or failing to take him to a safe place.
2. It is against the debtors will
3. The purpose is to require or enforce the Note: It is immaterial that the offender did not
payment of a debt. know that the child is under 7 years.

Note: If there is no creditor-debtor relationship Q: What is an uninhabited place?
between the offender and the offended party,
coercion is committed. A: An uninhabited place is determined by possibility
of person receiving assistance from another. Even if
Q: What distinguishes Art. 273 from Art. 274? there are many houses around the place may still
be uninhabited if the possibility of receiving
A: assistance is remote.
Services Rendered
Exploitation of Child under Compulsion in Abandoning a Minor
Labor (Art. 273) payment of debt Art. 276
(Art. 274)
Does not distinguish Q: What are the elements of this crime?
Victim is a minor whether victim is a
minor or not A:
Minor is compelled to Debtor himself is the one 1. Offender has the custody of the child
render services for the compelled to work for 2. Child is under 7 years of age


3. He abandons such child Q: What are the elements of the crime of

4. He has no intent to kill the child when the abandonment of minor by one charged with the
latter is abandoned rearing or education of said minor?

Q: What kind of abandonment is contemplated by A:
law? 1. Offender has charge of the rearing of
education of a minor
A: The abandonment contemplated by law is not 2. He delivers said minor to a public institution or
the momentary leaving of a child but the other persons
abandonment of such minor that deprives him of 3. One who entrusted such child to the offender
the care and protection from danger to his person. has not consented to such act; or if the one
who entrusted such child to the offender is
Note: A permanent, conscious and deliberate absent, the proper authorities have not
abandonment is required in this article. There must be consented to it
an interruption of the care and protection that a child
needs by reason of his tender age. Note: Only the person charged with the rearing or
education of the minor is liable.
Q: Suppose there was intent to kill on the part of
the offender and the child dies, what is the crime? Q: What are the elements of the crime of
indifference of parents?
A: The crime would be murder, parricide, or
infanticide, as the case may be. If the child does not A:
die, it is attempted or frustrated murder, parricide 1. Offender is a parent
or infanticide, as the case may be. 2. He neglects his children by not giving them
education
Note: Intent to kill cannot be presumed from the 3. His station in life requires such education and
death the child. The ruling that intent to kill is his financial condition permits it
conclusively presumed from the death of the victim is
applicable only to crimes against persons and not to Note: For the parents to be penalized for the crime of
crimes against security, particularly the crime of Indifference of Parents, it must be shown that they are
abandoning a minor under Art. 276. in a position to give their children the education in life,
and that they consciously and deliberately neglect
Q: What are the qualifying circumstances? their children.

A: Q: What are the distinctions between
1. When death of the minor resulted from such Abandonment of Minor by Person Entrusted with
abandonment. his Custody; Indifference of Parents (Art.277) and
2. If life of the minor was in danger because of Abandoning a Minor (Art.276)?
the abandonment.
A:
Note: If the offender is the parent of the minor who is Abandonment of Minor
abandoned, he shall be deprived of parental authority. by a person entrusted
Abandoning a Minor
with his custody;
Abandonment of Minor by a Person Entrusted (Art. 276)
Indifference of Parents
with His Custody; Indifference of Parents (Art. 277)
Art. 277 The custody of the
offender is specific, that The custody of the
Q: What are the acts punished under Art. 277? is, the custody for the minor is stated in
rearing or education of general.
A: the minor.
1. Delivering a minor to a public institution or Minor is under 18 years Minor is under 7 years
other persons without the consent of the one of age. of age.
who entrusted such minor to the care of the Minor is abandoned in
offender or, in the absence of that one, Minor is delivered to a such a way as to
without the consent of the proper authorities public institution or deprive him of the care
2. Neglecting his (offenders) children by not other person. and protection that his
giving them the education which their station tender years need.
in life requires and financial condition permits.
Exploitation of Minors
CRIMINAL LAW TEAM

Art. 278 Q: Is there any qualifying circumstance?

Q: What are the punishable acts? A: Yes. If the delivery of the child to any person
following any of the callings of acrobat, gymnast,
A: rope-walker, diver, wild-animal tamer or circus
1. Causing any boy or girl under 16 to perform manager or to any habitual vagrant or beggar is
any dangerous feat of balancing, physical made in consideration of any price, compensation
strength or contortion, the offender being any or promise, the penalty is higher.
person
2. Employing children under 16 years of age who Q: What are the distinctions between Exploitation
are not the children or descendants of the of Minors (Art.278, Par.5) and Inducing a Minor to
offender in exhibitions of acrobat, gymnast, Abandon his Home (Art.271)?
rope walker, diver, or wild animal tamer, the
offender being an acrobat, etc., or circus A:
manager or person engaged in any of said INDUCING A
callings EXPLOITATION OF MINORS MINOR TO
3. Employing any descendant under 12 years of (ART. 278, PAR. 5) ABANDON HIS
age in dangerous exhibitions enumerated in HOME (ART.271)
the next preceding paragraph, the offender The purpose of inducing the
being engaged in any of the said callings. minor to abandon the home is
4. Delivering a child under 16 years of age to follow any person engaged No such person.
gratuitously to any person if any of the callings in any of the callings
enumerated in paragraph 2, or to any habitual mentioned.
vagrant or beggar, the offender being an Victim is under
Victim is under 16 years of age.
ascendant, guardian, teacher or person 18 years of age
entrusted in any capacity with the care of such
child. Q: Correlate exploitation of minors to R.A. 7610
5. Inducing any child under 16 years of age to (Special Protection of Children against Child
abandon the home of its ascendants, Abuse, Exploitation and Discrimination Act).
guardians, curators or teachers to follow any
person entrusted in any of the callings A:
mentioned in paragraph 2 or to accompany Exploitation Minors R.A. 7610
any habitual vagrant or beggar, the offender Applies to minors Applies to minors below
being any person. below 16 years of age 18 years old
As long as the
Note: The exploitation of the minor must be of such The business is of such employment is inimical
nature as to endanger his life or safety in order to kind that would place even though there is no
constitute the offense described in this article.
the life or limb of the physical risk and
minor in danger, even detrimental to the childs
Q: What kind of business does Art.278 speak of? though working for interest against moral,
him is not against the intellectual, physical, and
A: Art. 278 contemplates a business that generally will of the minor. mental development of
attracts children so that they themselves may enjoy
the minor.
working there unaware of the danger to their own
If the child fell and
lives and limb, such as circuses.
suffered physical

injuries while working,
Q: Suppose the employer is the parent or
the employer shall be No such similar provision
ascendant of the child who is already 12 years of
liable for said physical exists under R.A. 7610.
age, is there a crime of exploitation of minors?
injuries in addition to

his liability for
A: The crime of exploitation of minors is not
exploitation of minors.
committed if the employer is a parent or ascendant

unless the minor is less than 12 years old.
Q: Does the criminal liability for neglect of child

under Art.59 (4) of P.D. 603 attach only if both
Note: If the employer is an ascendant, the law regards
parents are guilty of neglecting the childs
that he would look after the welfare and protection of
the child. Hence, the age is lowered to 12 years. Below education?
that age, the crime is committed.


A: No. The law is clear. The crime may be

committed by any of the parents. Liability for the Q: What is meant by the phrase against the will?
crime does not depend on whether the parent is
also guilty of neglect. The law intends to punish the A: Against the will means that the entrance is either
neglect of any parent, which neglect corresponds to expressly or impliedly prohibited.
the failure to give the child the education which the
familys station in life and financial condition Note: There must be an opposition on the part of the
permit. The irresponsible parent cannot exculpate owner of the house to the entry of the accused. Lack
himself from the consequences of his neglect by of permission does not amount to prohibition.
invoking the other parents faithful compliance with
his or her own parental duties. (De Guzman v. Q: What are some of the instances where
Perez, G.R. No. 156013, July 25, 2006) prohibition to enter a dwelling is implied or
presumed?
Note: The neglect of child punished under Art. 59(4) of
P.D. 603 is also a crime (known as indifference of A:
parents) penalized under the second paragraph of 1. Entering a dwelling of another at late hour of
Art.277 of the RPC (De Guzman v. Perez, G.R. No. the night
156013, July 25, 2006). Hence, it is excluded from the 2. When the entrance is made through means
coverage of R.A. 7610. not intended for ingress
3. The existence of enmity or strained relations
Additional Penalties for other Offenses between the accused and the occupant.
Art.279 4. The door is closed even if it is not locked.

Note: The offender is not only liable for the Q: What circumstance qualifies the offense?
abandonment or exploitation but also for all its
consequences. If as a result, physical injuries or death A: If the offense is committed by means of violence
resulted, another crime is committed by authority of or intimidation, the penalty is higher.
Article 279.
Note: If violence or intimidation is employed, there is
Qualified Trespass to Dwelling no need for prohibition. In fact, even if violence or
Art. 280 intimidation took place immediately after the offender
has entered the dwelling, there is Qualified Trespass to
Q: What are the elements of trespass to dwelling? Dwelling. (U.S. vs. Abanto, 15 Phil. 223; U.S. vs. Arceo,
3 Phil. 381)
A:
1. Offender is a private person Q: Cite examples of trespass by means of violence.
2. He enters the dwelling of another
3. Such entrance is against the latters will A:
1. Pushing the door violently and maltreating the
Q: What if the offender is a public officer? occupants after entering
2. Cutting of a ribbon string with which the door
A: If the offender is a public officer or employee, latch of a closed room was fastened. The
the entrance into the dwelling against the will of cutting of the fastenings of the door was an act
the occupant is violation of domicile punishable of violence
under Art. 128. 3. Wounding by means of a bolo, the owner of
the house immediately after entrance
Q: What is a dwelling?
Q: Give examples of trespass by means of
A: A dwelling is a place that a person inhabits or any intimidation.
building or structure exclusively devoted for rest
and comfort. Whether a building is a dwelling A:
house or not depends upon the use. It includes the 1. Firing a revolver in the air by persons
dependencies which have interior communication attempting to force their way into a house.
with the house. It is not necessary that it be a 2. The flourishing of a bolo against inmates of the
permanent dwelling of a person. house upon gaining an entrance.

Note: In general, all members of the household must Q: May trespass to dwelling be committed by the
be presumed to have authority to extend an invitation owner of the house?
to enter the house.
CRIMINAL LAW TEAM

A: Yes. In cases where the owner has allowed the the same
rooms or the houses to be rented by other persons,
trespass to dwelling is committed if the owner
thereof enters the room or house without the
knowledge and consent and against the will of the Circumstance qualifying Circumstances
boarder or tenant. the offense: qualifying the offense:
- offense is - offense is committed
Q: Under what circumstances is the crime of committed by at nighttime;
trespass to dwelling not committed? means of violence - any papers or effects
and intimidation. not constituting
A: evidence of a crime are
1. When the purpose of the entrance is to not returned
prevent serious harm to himself, the occupant immediately after the
or third persons. search made by the
2. When the purpose of the offender in entering offender.
is to render some service to humanity or
justice.
Other Forms of Trespass to Dwelling
3. Anyone who shall enter cafes, taverns, inns
Art. 281
and other public houses while they are open.

Q: What are the various crimes that may be
committed when a person trespasses a dwelling?
A:
A: 1. Offenders enter the closed premises or the
1. If the purpose in entering the dwelling is not fenced estate of another.
shown, trespass is committed.
Note: The term premises signifies distinct and
2. If the purpose is shown, it may be absorbed in
definite locality. It may mean a room, shop,
the crime as in robbery with force upon things,
building or definite area, but in either case,
the trespass yielding to the more serious locality is fixed.
crime.
3. But if the purpose is not shown and while 2. Entrance is made while either of them is
inside the dwelling he was found by the uninhabited.
occupants, one of whom was injured by him,
the crime committed will be trespass to Note: A place is said to be uninhabited if there is
dwelling and frustrated homicide, physical no one living on such place.
injuries, or if there was no injury, unjust
vexation. 3. Prohibition to enter is manifest.
4. Trespasser has not secured the permission of
Q: What are the distinctions between violation of the owner or the caretaker thereof.
dwelling and trespass to dwelling?
Q: What are the distinctions between trespass to
A: dwelling and trespass to property?
Trespass to Dwelling Violation of Dwelling
Offender is a private Offender is a public A:
person officer Trespass to
Offender enters the Offender either enters Trespass to Property
Dwelling
dwelling of another the dwelling of another Offender is a
against latters will against the latters will Offender is any person.
private person.
and without judicial Offender enters a Offender enters closed
order, searches papers dwelling house. premises or fenced estate.
and other effects Place entered is Place entered is
found therein without inhabited. uninhabited.
previous consent from Act constituting the crime is
the owner, refuses to Act constituting the
entering the closed premises
leave the dwelling crime is entering
or the fenced estate without
when requested by the the dwelling against
securing the permission of
owner after having the will of the
the owner or caretaker
surreptitiously entered owner.
thereof.


Prohibition to enter Threat Coercion

Prohibition to enter must be
is express or Essence of threat is Essence of coercion is
manifest.
implied. intimidation violence or intimidation
There is no condition
Wrong or harm
Grave Threats involved; hence, there is no
done is future and
Art. 282 futurity in the harm or
conditional
wrong done
Q: What are the distinctions between threat and
A: robbery?
1. Threatening another with the infliction upon
his person, honor or property or that of his A:
family of any wrong amounting to a crime and Threat Robbery
demanding money or imposing any other Intimidation is future Intimidation is actual
condition even though not unlawful, and the and conditional. and immediate.
offender attained his purpose. Intimidation may be
2. By making such threat without the offender through an Intimidation is personal.
attaining his purpose. intermediary.
3. By threatening another with the infliction upon May refer to the person, Refers to personal
his person, honor or property or that of his honor or property. property.
family of any wrong amounting to a crime, the Intent to gain is not an
There is intent to gain.
threat, not being subject to a condition. essential element.
The danger to the victim The danger involved is
Q: What is the essence of this crime? is not instantly directly imminent to the
imminent nor the gain victim and the
A: Intimidation. To constitute grave threats, it must of the culprit obtainment of gain
inspire terror or fear upon another. It is immediate. immediate.
characterized by moral pressure that produces
alarm. Light Threats
Art.283
Q: What is a threat?

Q: What are the elements of Light Threats?
A: Threat is a declaration of an intention or
determination to injure another by the commission
A:
upon his person, honor or property or upon that of
1. Offender makes a threat to commit a wrong
his family of some wrong which may or may not
2. The wrong does not constitute a crime
amount to a crime. 3. There is a demand for money or that other

condition is imposed, even though lawful
Q: What circumstance qualifies the offense?
4. Offender has attained or has not attained his

purpose
A: If the threat is made in writing or through a
middleman, the penalty is to be imposed in its Note: Light threat is in the nature of blackmailing.
maximum period
Q: What are the two possible crimes involving
Q: What is the difference between Grave Threats blackmailing?
and Light Threats?
A:
A: 1. Light threats If there is no threat to publish
Grave Threats Light Threats any libelous or slanderous matter against the
When the wrong When the wrong offended party.
threatened to be threatened to be 2. Threatening to publish a libel If there is such
inflicted amounts to a inflicted does not a threat to make a slanderous or libelous
crime. amount to a crime. publication against the offended party.

Q: What are the distinctions between threat and Bonds for Good Behavior
coercion? Art. 284

A:
CRIMINAL LAW TEAM

Note: The person making the threats under the 2. Prevention or compulsion be effected by
preceding articles (grave and light threats) may also be violence, threats or intimidation.
required by the court to give bail conditioned upon the
promise not to molest the person threatened or not to Note: The threat must be present, clear,
pursue the threats he made. imminent and actual. Such threat cannot be
made in writing or through a middle man.
If the person making the threat failed to post a bond,
such person can be sentenced to the penalty of 3. Person that restrained the will and liberty of
destierro. another has no authority of law or the right to
do so.
Other Light Threats
Art. 285 Note: Coercion is consummated even if the offended
party did not accede to the purpose of the coercion.
Q: What are the punishable acts under Art. 285? The essence of coercion is an attack on individual
liberty.
A:
1. Threatening another with a weapon, or by Q: What is the purpose of the law in punishing
drawing such weapon in a quarrel, unless it be grave coercion?
in lawful self-defense. Here, the weapon must
not be discharged A: The main purpose of the statute in penalizing
2. Orally threatening another, in the heat of Grace Coercion is precisely to enforce the principle
anger, with some harm constituting a crime, that no person may take the law into his own hands
without persisting in the idea involved in his and that ours is a government of law and not of
threat men. (People vs. Mangosing, CA-G.R. No. 1107-R)
3. Orally threatening to do another any harm not
constituting a felony Q: When can there be grave coercion?

Note: In other light threats, there is no demand for A: Grave coercion arises only if the act which the
money nor any condition imposed is required when offender prevented another to do is not prohibited
the offender threatens the offended party. His acts are by law or ordinance.
limited to verbal threat during the incident involving
him and the offended party. Q: What are the kinds of grave coercion?

Q: What is the nature of other light threats? A:
1. Preventive The offender uses violence to
A: It is not subject to a demand for money or any prevent the victim from doing what he wants
material consideration and the wrong threatened to do. Here, the act prevented is not
does not amount to a crime. prohibited by law.
2. Compulsive The offender uses violence to
Grave Coercions compel the offended party to do what he does
Art. 286 not want to do. The act compelled may or may
not be prohibited by law.
Q: Suppose a person prohibits another to do an
A: act because the act done is a crime, and violence
1. Preventing another, by means of violence, and intimidation is employed, is there grave
threat or intimidation, from doing something coercion?
not prohibited by law
2. Compelling another, by means of violence, A: No, because the act from which a person is
threat or intimidation, to do something against prevented from doing is a crime. It may only give
his will, whether it be right or wrong rise to threat or physical injuries, if some injuries
are inflicted.
Q: What are the elements of grave coercion?
However, in case of grave coercion where the
A: offended party is being compelled to do something
1. A person prevented another from doing against his will, whether it be wrong or not, the
something not prohibited by law, or that he crime of grave coercion is committed if violence or
compelled him to do something against his intimidation is employed in order to compel him to
will, be it right or wrong. do the act.



Q: What are the qualifying circumstances of Grave Compulsory Purchase of Merchandise and
Coercion? Payment of Wages by Means of Tokens
Art. 288
A:
1. If the coercion is committed in violation of Q: What are the punishable acts and their
the exercise of the right of suffrage elements?
2. If the coercion is committed to compel
another to perform any religious act A:
3. If the coercion is committed to prevent 1. Forcing or compelling, directly or indirectly or
another from performing any religious act knowingly permitting the forcing or compelling
of the laborer or employee of the offender to
Light Coercion purchase merchandise or commodities of any
Art. 287 kind from him.

Q: What are the elements of light coercion? Elements:
a. Offender is any person, agent or
A: officer of any association or
1. Offender must be a creditor corporation
2. He seizes anything belonging to his debtor b. He or such firm or corporation has
3. Seizure of the thing be accomplished by means employed laborers or employees
of violence or a display of material force c. He forces or compels directly or
producing intimidation indirectly, or knowingly permits to be
4. Purpose of the offender is to apply the same to forced or compelled, any of his or its
the payment of the debt laborers or employees to purchase
merchandise or commodities of any
Note: In the other light coercion or unjust vexation kind from him or said firm or
embraced in the second paragraph, violence is absent. corporation
Taking possession of the thing belonging to the debtor,
through deceit and misrepresentation for the purpose 2. Paying the wages due his laborer or employee
of applying the same to the payment of debt is unjust by means of tokens or objects other than the
vexation under the second paragraph of Art. 287. legal tender currency of the Philippines, unless
expressly requested by such laborer or
Q: What is unjust vexation? employee.

A: Unjust vexation is any act committed without Elements:
violence but which unjustifiably annoys or vexes an a. Offender pays the wages due a
innocent person laborer or employee employed by
him by means of tokens or object
Note: In determining whether the crime of unjust b. Those tokens or objects are other
vexation is committed, the offenders act must have
than the legal currency of the
caused annoyance, irritation, vexation, torment,
Philippines
distress or disturbance to the mind of the person to
whom it is directed.
c. Such employee or laborer does not
expressly request that he be paid by
means of tokens or objects
Q: When the property of a debtor is seized, what
Note: The use of tokens, promissory notes,
variant crimes may result?
vouchers, coupons, or any other form alleged to

represent legal tender is absolutely prohibited
A: even when expressly requested by the employee.
1. Light coercion If by means of violence, the
property is applied to the debt.
Formation, Maintenance, and Prohibition or
2. Robbery If the value of the property seized is
Combination of Capital or Labor Through Violence
greater than that of the debt (intent to gain is
or Threats
present in this case) and violence and
Art. 289
intimidation are employed.
3. Estafa If there is no obligation on the part of
the offended party but was only feigned. There Q: What are the elements of this crime?
is estafa because deceit is employed.
CRIMINAL LAW TEAM

A:
1. Offender employs violence or threats, in a A:
degree as to compel or force the laborers or ART. 230 ART. 290
employees in the free legal exercise of their Public officer comes to Offender is a private
industry or work. know the secret of any individual or even a public
2. Purpose is to organize, maintain or prevent private individual by officer not in the exercise
coalitions of capital or labor, strike of laborers reason of his office. of his official function
or lockout of employers. It is necessary that the
The secret is not offender seizes the
Discovering Secrets through Seizure of necessarily contained papers or letters of
Correspondence in papers or letters. another to discover the
Art. 290 secrets of the latter.
If there is a secret
Reveals the secret
Q: What are the elements of this crime? discovered, it is not
without justifiable
necessary that it be
reason.
A: revealed.
1. Offender is a private individual or even a public
officer not in the exercise of his official Revealing Secrets with Abuse of Office
function Art. 291
2. He seizes the papers or letters of another
3. Purpose is to discover the secrets of such Q: What are the elements of this crime?
another person
4. Offender is informed of the contents of the A:
papers or letters seized 1. Offender is a manager, employee or servant
2. He learns the secrets of his principal or master
Note: It is not applicable to parents, guardians, or in such capacity
persons entrusted with the custody of minors with 3. He reveals such secrets
respect to papers or letters of the children or minors

placed under the care or custody.
Q: What is the essence of this crime?

Q: What is the nature of this crime?
A: The essence of this crime is that the offender

learned of the secret in the course of employment.
A: This is a crime against the security of ones
He is enjoying a confidential relation with the
papers and effects. The purpose must be to
employer or master so he should respect the
discover its effects. The act violates the privacy of
privacy of matters personal to the latter.
communication. It is necessary that the offender

should actually discover the contents of the letter.
Revelation of Industrial Secrets
Note: Contents of the correspondence need not be Art. 292
secret. Prejudice to the offended party is not an
element of the offense. Q: What are the elements of this crime?

Q: What is the meaning of the word seize in this A:
crime? 1. Offender is a person in charge, employee or
workman of a manufacturing or industrial
A: There must be taking possession of papers or establishment
letters of another even for a short time only. If the 2. Manufacturing or industrial establishment has
papers or letters were delivered voluntarily to the a secret of the industry which the offender has
accused, this crime is not committed. learned

Q: What is the qualifying circumstance of the Note: The business secret must not be known to
crime? other business entities or persons. It is a matter
to be discovered, known and used by and must
A: When the offender reveals the contents of such belong to one person or entity exclusively.
rd Secrets must relate to manufacturing process.
paper or letters of another to a 3 person, the
penalty is higher.
3. Offender reveals such secrets
Q: Correlate articles 230 (public officer revealing
secrets of private individual) and 290 of the RPC?

Note: The revelation of the secret might be made the other devices under R.A. No. 4200 as the use
after the employee or workman has ceased to be thereof cannot be considered as "tapping" the wire
connected with the establishment. or cable of a telephone line. (Gaanan v. IAC, G.R.
No. L-69809, Oct. 16, 1986)
4. Prejudice is caused to the owner
Q: Are cassette tapes obtained from wiretapped
Anti Wiretapping Act (R.A. 4200) telephone conversations admissible as evidence?

Q: What are the acts punishable under R.A. 4200? A: No. Under the law, absent a clear showing that
both parties to the telephone conversation allowed
A: It shall be unlawful for any person: the recording of the same, the inadmissibility of the
1. Not being authorized by all the parties to subject tapes is mandatory under RA 4200.
any private communication or spoken (Salcedo-Ortanez v. CA, G.R. No. 110662, Aug. 4,
word, to tap any wire or cable, or by using 1994)
any other device or arrangement, to
secretly overhear, intercept, or record Q: Section 4 provides that any information
such communication or spoken word by obtained is not admissible in evidence in any
using a device commonly known as a judicial, quasi-judicial, legislative or administrative
dictaphone or dictagraph or hearing or investigation. Is this rule of admissibility
detectaphone or walkie-talkie or tape binding on the House of Representatives and
recorder, or however otherwise described Senate of the Philippines which may have their
2. Be he a participant or not in the act or own rules of evidence and procedure in
acts penalized in the next preceding impeachment proceedings?
sentence, to knowingly possess any tape
record, wire record, disc record, or any A: Impeachment proceedings, like disciplinary
other such record, or copies thereof, of proceedings against judges, are neither judicial,
any communication or spoken word quasi-judicial, legislative or administrative in
secured either before or after the character but are sui generes or a class by
effective date of this Act in the manner themselves, which is highly politicized, hence the
prohibited by this law; or to replay the rule on admissibility may be disregarded by
same for any other person or persons; or Congress in its discretion on the theory that
to communicate the contents thereof, political questions are beyond judicial review.
either verbally or in writing, or to furnish However, under Section 1, Article VIII of the
transcriptions thereof, whether complete Constitution, acts of Congress tainted with grave
or partial, to any other person. abuse of discretion may be reviewed by the
Supreme Court.
Note: That the use of such record or any copies
thereof as evidence in any civil, criminal investigation Human Security Act (R.A. 9372)
or trial of offenses mentioned in Sec. 3 hereof, shall
not be covered by this prohibition. Q: What are the other punishable acts aside from
terrorism?
Q: What are the exceptions to the prohibition?
A: Other Punishable Acts:
A: If the wiretapping is done by a public officer who i. Unauthorized or Malicious Examination of
is authorized by written order of the court in cases a Bank or a Financial Institution (Sec. 36)
involving the crimes of treason, espionage, ii. Bank Officials and Employees Defying a
provoking war and disloyalty in case of war, piracy, Court Authorization (Sec. 37)
mutiny in the high seas, rebellion, conspiracy and iii. False or Untruthful Statement or
proposal to commit rebellion, inciting to rebellion, Misrepresentation of Material Fact in
sedition, conspiracy to commit sedition, inciting to Joint Affidavits (Sec. 38)
sedition, kidnapping as defined by the RPC, and iv. Unjustified Refusal to Restore or Delay in
violations of C.A. No. 616, punishing espionage and Restoring Seized, Sequestered and Frozen
other offenses against national security. Bank Deposits, Trust Accounts, Assets,
and Records (Sec. 42)
Q: Is listening to a conversation in an extension v. Loss, Misuse, Diversion or Dissipation of
line of a telephone wire tapping? Seized, Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts,
A: No. An extension telephone cannot be placed in Assets, and Records (Sec. 43)
the same category as a dictaphone, dictagraph or
CRIMINAL LAW TEAM

vi. Infidelity in the Custody of Detained a. Examine, or cause the

Persons (Sec. 44) examination of, the deposits,
vii. Unauthorized Revelation of Classified placements, trust accounts,
Materials (Sec. 46) assets and records in a bank or
viii. Furnishing False Evidence, Forged financial institution; and
Document, or Spurious Evidence (Sec. 47) b. Gather or cause the gathering
of any relevant information
Q: Can a police officer or law enforcement official about such deposits,
listen or record any communication of a terrorist placements, trust accounts,
organization of group of persons? assets, and records from a
bank or financial institution.
A: GR: Yes. Notwithstanding R.A. 4200 (Anti- The bank or financial
Wiretapping Law), a police or police or law institution concerned, shall not
enforcement official and the members of his team refuse to allow such
may, upon a written order of the CA, listen to, examination or to provide the
intercept and record with the use of any mode, desired information, when so,
form , kind or type of electronic or other ordered by and served with
surveillance equipment or intercepting and tracking the written order of the CA.
devices, or with the use of any suitable ways and (Sec. 27)
means for that purpose, any communication,
message, conversation, discussion, or spoken or Q: What are the requisites for the application to
written words between members of a judicially examine bank deposits, accounts and records?
declared and outlawed terrorist organization,
association, or group of persons or of any person A:
charged with or suspected of the crime of terrorism 1. Ex parte application to the CA by the
or conspiracy to commit terrorism. police or law enforcement official
2. The police of law enforcement official
XPN: He cannot conduct surveillance, must be authorized in writing by the Anti-
interception and recording of communications Terrorism Council to file such application
between: 3. Examination under oath or affirmation of
1. Lawyers and clients the applicant and the witnesses he may
2. Doctors and patients produce to establish the facts that will
3. Journalists and their sources justify the need and urgency of examining
4. Confidential business and freezing the bank deposits,
correspondence. (Sec. 7) placements, trust accounts, assets and
records. (Sec. 28)
Q: Is judicial authorization required to examine
bank deposits, accounts and record? Q: How long shall the court authorization to
examine and obtain information on bank deposits,
A: Yes. Notwithstanding R.A. 1405 (Bank Secrecy accounts and records be effective?
Law), the justices of the CA designated as a special
court to handle anti-terrorism cases after satisfying A:
themselves of the existence of probable cause in a 1. The time specified in the written order of the
hearing called for that purpose that: CA, which shall not exceed 30 days from the
1. A person charged with or suspected of date of receipt of the written order by the
the crime of terrorism or, conspiracy to applicant police.
commit terrorism 2. It may be extended for another period which
2. of a judicially declared and outlawed shall not exceed 30 days from the expiration of
terrorist organization, association, or the original period, provided:
group of persons a. The authorizing division of the CA is
3. Such person is a member of such judicially satisfied that such extension is in the
declared and outlawed organization, public interest
association, or group of persons. b. The application for extension or renewal
In such case, the court may authorize in must have been authorized in writing by
writing any police or law enforcement the Anti-Terrorism Council
officer and the members of his/her team c. Such must be filed by the original
duly authorized in writing by the anti- applicant.
terrorism council to:


Q: In case of death or disability of the original investigation, inquiry, proceeding or hearing. (Sec.
applicant who should file the application for 35)
examination of bank deposits?
Q: What are classified information?
A: The one next in rank to the original applicant
among the members of his team shall file the A: The following are classified information:
application for extension. 1. Written order granted by the authorizing
division of the Court of Appeals
The applicant shall have 30 days after the 2. Order of the Court of Appeals, if any to
termination of the period granted by the CA within extend or renew the same
which to file the appropriate case before the Public 3. The original ex parte application of the
Prosecutors Office for any violation of R.A. 9372. If applicant
no case is filed within the said period, the applicant 4. Application to extend or renew, if any
shall immediately notify in writing the person 5. The written authorizations of the Anti-
subject of the bank examination and freezing of Terrorism Council.
accounts. 6. The sealed envelope or sealed package
and the contents thereof, which are
Q: What shall be done after the expiration of the deposited with the authorizing division of
period of authorization? the Court of Appeals

A: All information, data, excerpts, summaries and Q: What is the penalty for the unauthorized
other documents obtained from the examination of revelation of classified materials?
the bank deposits, shall within 48 hours after the
expiration of the period fixed in the written order A: The penalty of 10 years and 1 day to 12 years of
be deposited with the authorizing division of the CA imprisonment shall be imposed upon any person,
in a sealed envelope of package. (Sec. 31) police or law enforcement agent, judicial officer or
civil servant who, not being authorized by the Court
The sealed envelope or package shall not be of Appeals to do so, reveals in any manner or form
opened and its contents shall not be used as any classified information under this Act.
evidence unless authorized in a written order of the
authorizing division of CA. (Sec.33) Anti Trafficking in Persons Act of 2003 (R.A. 9208)

Q: What are the requisites in applying for judicial Q: What are the punishable acts under R.A. 9208?
authorization to open the sealed envelope
containing records of bank account: A: It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
A: 1. To recruit, transport, transfer; harbor,
1. Written application of DOJ filed before the provide, or receive a person by any
authorizing division of CA means, including those done under the
2. Authorization in writing by the Anti-Terrorism pretext of domestic or overseas
Council to file such application employment or training or
3. Notice in writing to the party concerned not apprenticeship, for the purpose of
later than 3 days before the scheduled opening prostitution, pornography, sexual
4. The application and notice must clearly state exploitation, forced labor, slavery,
the reason for opening or using the involuntary servitude or debt bondage
information. 2. To introduce or match for money, profit,
or material, economic or other
Q: What is the evidentiary value of deposited bank consideration, any person or, as provided
materials? for under Republic Act No. 6955, any
Filipino woman to a foreign national, for
A: Any information, data, excerpts, summaries, marriage for the purpose of acquiring,
notes, memoranda, work sheets, reports, or buying, offering, selling or trading
documents acquired from the examination of the him/her to engage in prostitution,
bank deposits, placements, trust accounts, assets pornography, sexual exploitation, forced
and records shall absolutely not be admissible or labor, slavery, involuntary servitude or
usable as evidence against anybody in any judicial, debt bondage
quasi-judicial, legislative, or administrative 3. To offer or contract marriage, real or
simulated, for the purpose of acquiring,
CRIMINAL LAW TEAM

buying, offering, selling, or trading them Q: What are the acts which promote or facilitate
to engage in prostitution, pornography, trafficking in persons?
sexual exploitation, forced labor or
slavery, involuntary servitude or debt A:
bondage 1. To knowingly lease or sublease, use or allow to
4. To undertake or organize tours and travel be used any house, building or establishment
plans consisting of tourism packages or for the purpose of promoting trafficking
activities for the purpose of utilizing and persons
offering persons for prostitution, 2. To produce, print and issue or distribute
pornography or sexual exploitation unissued, tampered or fake counseling
5. To maintain or hire a person to engage in certificates, registration stickers and
prostitution or pornography certificates of any government agency which
6. To adopt or facilitate the adoption of issues these certificates and stickers as proof
persons for the purpose of prostitution, of compliance with government regulatory and
pornography, sexual exploitation, forced pre departure requirement for the purpose of
labor, slavery, involuntary servitude or promoting trafficking in persons
debt bondage 3. To advertise, publish, print, broadcast or
7. To recruit, hire, adopt, transport or distribute, or cause the advertisement,
abduct a person, by means of threat or publication, printing, broadcasting or
use of force, fraud, deceit, violence, distribution by any moans, including the use of
coercion, or intimidation for the purpose information technology and the internet, of
of removal or sale of organs of said any brochure, flyer or any propaganda
person material that promotes trafficking in persons
8. To recruit, transport or adopt a child to 4. To assist in the conduct of misrepresentation
engage in armed activities in the or fraud for purposes of facilitating the
Philippines or abroad.(Sec.4) acquisition of clearances and necessary exit
documents from government agencies that are
Note: Trafficked persons shall be recognized as victims mandated to provide pre-departure
of the act or acts of trafficking and as such shall not be registration and services for departing persons
penalized for crimes directly related to the acts of for the purpose of promoting trafficking in
trafficking enumerated in this Act or in obedience to persons
the order made by the trafficker in relation thereto. In 5. To facilitate, assist or help in the exit and entry
this regard, the consent of a trafficked person to the of persons from/to the country at international
intended exploitation set forth in this Act shall be
and local airports, territorial boundaries and
irrelevant. (Sec. 17)
seaports who are in possession of unissued,

tampered or fraudulent travel documents for
Q: Ronnie was able to convince Lolita to work as a
the purpose of promoting trafficking in
restaurant entertainer in Malaysia. When they
persons
were already at the restaurant, a Filipina woman
6. To confiscate, conceal, or destroy the passport,
working there said that the place is a prostitution
travel documents, or personal documents or
den and the women there are used as prostitutes.
belongings of trafficked persons in furtherance
Lolita was forced to work as entertainer. Several
of trafficking or to prevent them from leaving
customers used Lolita many times. Some even had
the country or seeking redress from the
sexual intercourse with her every hour. Ronnie
government or appropriate agencies
was then sued for Trafficking in Persons. He claims
7. To knowingly benefit from, financial or
that he cannot be convicted of the crime of
otherwise or make use of, the labor or services
because he was not part of the group that
of a person held to a condition of involuntary
transported Lolita from the Philippines to
servitude, forced labor or slavery (Sec. 5)
Malaysia. Is he correct?

Q: When can the crime of trafficking be qualified?
A: No. Trafficking in Persons under Sections 3(a)

and 4 of RA 9208 is not only limited to
A:
transportation of victims, but also includes the act
1. The offended party is a minor
of recruitment of victims for trafficking. The crime
2. The adoption is effected through R.A. 8043
of recruitment for prostitution also constitutes
and said adoption is for the purpose of
trafficking. (People v Lali y Purih, G.R. No. 195419,
prostitution, pornography, sexual exploitation,
October 12, 2011)
forced labor, slavery, involuntary servitude or

debt bondage


3. It 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.
4. 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
5. The trafficked person is recruited to engage in
prostitution with any member of the military
or law enforcement agencies
6. The offender is a member of the military or
law enforcement agencies
7. 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) (Sec. 6)

Q: Since both R.A. 7610 and R.A. 9208 deals with
child trafficking, what law shall apply in case of
child trafficking?

A: It depends:
1. If the child is sold for use or exchange for
barter, the crime is child trafficking under
R.A. 7610.
2. If the child trafficking is for the purpose
provided for in Sec. 4 of R.A. 9208, then
the law violated is R.A. 9208.

CRIMINAL LAW TEAM

BOOK 2: CRIMES AGAINST PROPERTY
CRIMES AGAINST PROPERTY 1. Robbery with violence against, or intimidation

of persons (Art. 294, 297 and 298)
2. Robbery by the use of force upon things (Art.
Robbery
299 and 302)
Art. 293

Q: Should the person from whom the property
Q: What is robbery?
was taken be the owner of such?

A: It is the taking of personal property belonging to
A: No. Legal possession is sufficient
another, with intent to gain, by means of violence

against or intimidation of any person or using force
Q: Is the identity of real owner essential?
upon anything.

A: GR: It is not essential so long as the personal
Note: For the appellant to be guilty of consummated
property taken does not belong to the accused.
robbery, there must be incontrovertible proof that
property was taken from the victim. The appellant is

guilty of attempted robbery only when he commences XPN: If the crime is Robbery with Homicide
the commission of robbery directly by overt acts and
does not perform all the acts of execution which would Q: What is the presumption of intent to gain?
produce robbery by reason of some causes or accident
other than his own spontaneous desistance. A: Unlawful taking of personal property.

Illustration: Note: The element of personal property belonging to
another and that of intent to gain must concur.
In a case, Totoy demanded from the victim,
"Tol, pera-pera lang ito, dahil kailangan lang." Q: When should violence and intimidation occur?
The victim refused to part with his earnings
and resisted. He even tried to get out of the A: GR: Violence or intimidation must be present
taxicab but Totoy pulled him back and stabbed before the taking of personal property is complete.
him. Randy, Rot-Rot and Jon-Jon followed suit
and stabbed the victim with their bladed XPN: But when violence results in homicide,
weapons. The victim was able to flee from the rape intentional mutilation or any of the
vehicle without anything being taken from serious physical injuries penalized under Pars.
him. Totoy and his confederates commenced 1 and 2 of Art 263, the taking of the personal
by overt acts the execution of the robbery, but property is robbery complexed with any of
failed to perform all the acts of execution by those crimes under Art. 294, even if the taking
reason of the victim's resistance. (People v. was already complete when the violence was
Bocalan, G.R. No. 141527, Sept. 4, 2003) used by the offender.

Q: What are the elements of robbery in general? Q: What is the meaning of unlawful taking?

A: A: It means appropriating a thing belonging to
1. There is personal property belonging to another and placing it under ones control and
another. possession.
2. There is unlawful taking of that property.
3. Taking must be with intent to gain. Q: When is unlawful taking complete?
4. There is violence against or intimidation of any
person or force upon things. A:
1. As to robbery with violence against or
Note: Robberies committed in different houses intimidation of persons from the moment
constitute separate crimes of robbery. But if the the offender gains possession of the thing
robberies are committed upon different victims on the even if the culprit has had no opportunity to
same occasion and in the same place only one robbery dispose of the same, the unlawful taking is
is committed as the robberies are mere incidents of a complete
single criminal intent. 2. As to robbery with force upon things the
thing must be taken out of the
Q: What are the classes of robbery? building/premises to consummate the crime

A: Q: What distinguishes robbery with violence from
grave threats and grave coercion?

6. When in the course of its execution, the

A: offender shall have inflicted upon any person
not responsible for the commission of the
ROBBERY GRAVE GRAVE robbery any of the physical injuries in
THREATS COERCION consequence of which the person injured:
There is No intent to No intent to a. Becomes deformed
intent to gain gain gain b. Loses any other member of his body
Immediate Intimidation; Intimidation is c. Loses the use thereof
harm Promises some immediate and d. Becomes ill or incapacitated for the
future harm or offended party performance of the work in which he is
injury is compelled to habitually engaged for more than 90 days
do something e. Becomes ill or incapacitated for labor for
against his will. more than 30 days
7. If the violence employed by the offender does
not cause any of the serious physical injuries
Q: Distinguish robbery from bribery. defined in Art.263, or if the offender employs
intimidation only.
A:
ROBBERY BRIBERY Robbery with Homicide (Par. 1)
The victim is deprived of He parts with his
his money, property by money, in a sense, Q: What is robbery with homicide?
force or intimidation voluntarily
A: If death results or even accompanies a robbery,

the crime will be robbery with homicide provided
Robbery with Violence against or Intimidation of that the robbery and the homicide are
Persons consummated. The crime of robbery with homicide
Art. 294 is a special complex crime or a single indivisible
crime. The killings must have been perpetrated by
Q: What are the punishable acts under Art. 294? reason or on the occasion of robbery. As long as the
homicide resulted, during, or because of the
A: robbery, even if the killing is by mere accident,
1. When by reason or on occasion of the robbery robbery with homicide is committed. (People v.
the crime of homicide is committed Comiling, G.R. No. 140405, March 4, 2004)
2. When the robbery is accompanied by:
a. Rape Note: If aside from homicide, rape or physical injuries
b. Intentional mutilation are also committed by reason or on the occasion of the
c. Arson robbery, the rape or physical injuries are considered
3. When by reason or on occasion of such aggravating circumstances in the crime of robbery with
robbery, any of the physical injuries resulting homicide. Whenever a homicide has been made a
in: consequence of or on the occasion of a robbery, all
a. Insanity those who took part as principals in the commission of
b. Imbecility the crime will also be guilty as principals in the
c. Impotency
d. Blindness is inflicted Q: Should there be intent to kill?
4. When by reason or on occasion of robbery,
any of the physical injuries resulting in the: A: In robbery with homicide, the law does not
a. Loss of the use of speech require that the homicide be committed with intent
b. Loss of the power to hear or to smell to kill, the crime exists even though there is no
c. Loss of an eye, a hand, a foot, an arm or a intention to commit homicide.
leg
d. Loss of the use of any of such member Q: On the occasion of the robbery, the
e. Incapacity for the work in which the storeowner, a septuagenarian, suffered a stroke
injured person is theretofore habitually due to the extreme fear which directly caused his
engaged is inflicted death when the robbers pointed their guns at him.
5. If the violence or intimidation employed in the Was there robbery with homicide?
commission of the robbery is carried to a
degree clearly unnecessary for the commission A: Yes. It is immaterial that death supervened as a
of the crime. mere accident as long as the homicide was
produced by reason or on the occasion of the
CRIMINAL LAW TEAM

robbery, because it is only the result which matters, of robbery and rape. There is no law providing for the
without reference to the circumstances or causes or additional rape/s or homicide/s for that matter to be
persons intervening in the commission of the crime considered as aggravating circumstance. It further
which must be considered. (People v. Domingo, 184 observed that the enumeration of aggravating
SCRA 409) circumstances under Art. 14 of the Revised Penal Code
is exclusive, unlike in Art. 13 of the same Code, which
enumerates the mitigating circumstances where
Q: Should intent to commit robbery precede the
analogous circumstances may be considered. (People
killing?
v. Regala, G.R. No. 130508, April 5, 2000; People v.

Sultan, G.R. No. 132470, April 27, 2000)
A: Yes. The offender must have the intent to take

personal property before the killing.
Q: What are the elements of robbery with rape?

Q: Suppose the victims were killed, not for the
A:
purpose of committing robbery and the idea of
1. The taking of personal property is committed
taking the money and other personal property of
with violence or intimidation against persons;
the victims was conceived by the culprits only
2. The property taken belongs to another;
after killing. Is this a case of robbery with
3. The taking is characterized by intent to gain or
homicide?
animus lucrandi; and

4. The robbery is accompanied by rape.
A: No, because the intention of the perpetrators is

really to kill the victim and robbery came only as an Note: For a conviction of the crime of robbery with
afterthought. The perpetrators are liable for two rape to stand, it must be shown that the rape
separate crimes of robbery and homicide or was committed by reason or on the occasion of
murder, (qualified by abuse of superior strength). a robbery and not the other way around. This special
(People v. Domingo, 184 SCRA 409) complex crime under Article 294 of the Revised Penal
Code contemplates a situation where the original
Note: There is no crime of robbery in band with intent of the accused was to take, with intent to gain,
murder or robbery with homicide in band or robbery personal property belonging to another and rape is
with multiple homicides. If on the occasion of the committed on the occasion thereof or as an
robbery with homicide, robbery with force upon things accompanying crime. (People v. Gallo, August 2011)
was also committed, you will not have only one
robbery but you will have a complex crime of robbery Q: In case there is conspiracy, are all conspirators
with homicide and robbery with force upon things liable for the crime of robbery with rape?

Q: Is there a crime of robbery with multiple A: Yes. In People v. Suyu, it was ruled that once
homicide? conspiracy is established between several accused
in the commission of the crime of robbery, they
A: There is no crime of robbery with multiple would all be equally culpable for the rape
homicide under the RPC. The crime is robbery with committed by anyone of them on the occasion of
homicide notwithstanding the number of homicides the robbery, unless anyone of them proves that he
committed on the occasion of the robbery and even endeavored to prevent the others from committing
if murder, physical injuries and rape were also rape. (People v. Gallo, ibid.)
committed on the same occasion. (People v. Hijada,
G.R. No. 123696, Mar. 11, 2004) Q: Together XA, YB and ZC planned to rob Miss
OD. They entered her house by breaking one of
Robbery with Rape (Par. 2) the windows in her house. After taking her
personal properties and as they were about to
Q: What is the crime of robbery with rape? leave, XA decided on impulse to rape OD. As XA
was molesting her, YB and ZC stood outside the
A: The crime of robbery with rape is a crime against door of her bedroom and did nothing to prevent
property which is a single indivisible offense. The XA from raping OD. What crime or crimes did XA,
rape accompanies the robbery. In a case where YB and ZC commit, and what is the criminal
rape and not homicide is committed, there is only a liability of each?
crime of robbery with rape if both the robbery and
the rape are consummated. A: The crime committed by XA, YB and ZC is the
composite crime of robbery with rape, a single,
Note: Although the victim was raped twice on the indivisible offense under Art. 294(1) of the RPC.
occasion of Robbery, the additional rape is not
considered as aggravating circumstances in the crime


Although the conspiracy among the offenders was their parents to come out with the money. What
only to commit robbery and only XA raped CD, the crime/s is/are committed by the robbers?
other robbers, YB and ZC, were present and aware
of the rape being committed by their co- A: The detention was a necessary means to
conspirator. Having done nothing to stop XA from facilitate the robbery. Thus, the offenders will be
committing the rape, YB and ZC thereby concurred held liable for the complex crimes of robbery with
in the commission of the rape by their co- serious physical injuries and serious illegal
conspirator XA. detention. But if the victims were detained because
of the timely arrival of the police, such that the
The criminal liability of all, XA, YB and ZC, shall be offenders had no choice but to detain the victims as
the same, as principals in the special complex crime hostages in exchange for their safe passage, the
of robbery with rape which is a single, indivisible detention is absorbed by the crime of robbery and
offense where the rape accompanying the robbery is not treated as a separate crime.
is just a component. (2004 Bar Question)
Robbery with Arson (R.A. 7659)
Q: Does the criminal intent to gain precede the
intent to rape? Q: How is this crime committed?

A: Yes. The law does not distinguish whether rape A: The composite crime would only be committed if
was committed before, during or after the robbery. the primordial intent of the offender is to commit
It is enough that the robbery accompanied the robbery and there is no killing, rape, or intentional
rape. Robbery must not be a mere accident or mutilation committed by the offender during the
afterthought. robbery. Otherwise, the crime would be robbery
with homicide, or robbery with rape, or robbery
Illustration: with intentional mutilation, in that order and the
arson would only be an aggravating circumstance.
Where 6 accused entered the house of the
offended party, brandishing firearms and Q: Should robbery precede arson?
knives and after ransacking the house for
money and jewelry, brought the offended A: Yes, it is essential that robbery precede the
party out of the house to a grassy place where arson, as in the case of rape and intentional
she was ordered to undress and although she mutilation, because the amendment included arson
was able to run away, was chased and caught, among the rape and intentional mutilation which
and thereafter raped by all of the accused, the have accompanied the robbery.
latter committed robbery with rape. (People v.
Villagracia, 226 SCRA 374) Note: Arson has been made a component only of
robbery with violence against or intimidation of
ROBBERY WITH PHYSICAL INJURIES persons but not of robbery by the use of force upon
things. Hence, if the robbery was by the use of force
Q: Should the physical injuries be serious? upon things and therewith arson was committed, two
distinct crimes are committed.
A: Yes, to be considered as such, the physical
injuries must always be serious. If the physical OTHER CASES OF SIMPLE ROBBERY (Par. 5)
injuries are only less serious or slight, they are
absorbed in the robbery. The crime becomes Q: How is this crime committed?
merely robbery. But if the less serious physical
injuries were committed after the robbery was A: Any kind of robbery with less serious physical
already consummated, there would be a separate injuries or slight physical injuries fall under this
charge for the less serious physical injuries. It will specie of robbery.
only be absorbed in the robbery if it was inflicted in
the course of the execution of the robbery. The Note: But where there is no violence exerted to
same is true in the case of slight physical injuries. accomplish the snatching, the crime committed is not
robbery but simple theft.
Q: Suppose a gang robbed a mansion in Forbes There is sufficient intimidation where the acts of the
Park. On the occasion of the robbery, physical offender inspired fear upon the victim although the
accused was not armed.
injuries were inflicted on the household members.
The robbers also detained the children to compel
CRIMINAL LAW TEAM

Robbery with Physical Injuries, Committed in an Note: The term homicide is used in a generic sense. It
Uninhabited Place and by a Band, or with the Use includes murder, parricide and infanticide.
of Firearm on a Street, Road or Alley
Art. 295 Execution of Deeds by Means of Violence or
Intimidation
Q: What are the qualifying circumstances of this Art. 298
crime?
A: If committed:
1. In an uninhabited place A:
2. By a band 1. Offender has intent to defraud another
3. By attacking a moving train, street car, 2. Offender compels him to sign, execute, or
motor vehicle, or airship deliver any public instrument or document
4. By entering the passengers 3. Compulsion is by means of violence or
compartments in a train, or in any intimidation
manner taking the passengers thereof by
surprise in the respective conveyances Note: Applies even if the document signed, executed
5. On a street, road, highway, or alley, and or delivered is a private or commercial document.
the intimidation is made with the use of
firearms, the offender shall be punished Q: What distinguishes robbery by execution of
by the maximum periods of the proper deeds from grave coercion?
penalties prescribed in Art.294
A:
Q: When does this Article not apply? ROBBERY BY GRAVE COERCION
EXECUTION OF DEEDS
A: In cases of Robbery with homicide, robbery with There is an intent to No intent to gain
intentional mutilation, robbery with rape and gain
robbery with serious physical injuries resulting in There is an intent to There is no intent to
insanity, imbecility, impotency or blindness. This is defraud defraud
because the Article omitted these crimes in the
enumeration. (Reyes, 2008) Robbery in an Inhabited House or Public Building
or Edifice Devoted to Worship
Robbery Committed by a Band Art. 299
Art. 296
Q: What are the elements of the 1st kind of
Q: When is robbery committed by a band? robbery with force upon things under Art. 299?

A: When at least 4 armed malefactors take part in A:
the commission of a robbery, it is deemed 1. Offender entered an inhabited house, or public
committed by a band. building, or edifice devoted to religious
worship.
Note: If any arm used be unlicensed firearm, the 2. Entrance was effected by any of the following
penalty imposed upon all the malefactors shall be the means:
maximum of the corresponding penalty provided by a. Through an opening not intended for
law, without prejudice to the criminal liability for entrance or egress;
illegal possession of such firearms. This is a special
b. By breaking any wall, roof, or floor or
aggravating circumstance applicable only in a case of
breaking any door or window;
robbery in band.
c. By using false keys, picklocks or similar

tools, or
Attempted and Frustrated Robbery Committed d. By using any fictitious name or pretending
under Certain Circumstances the exercise of public authority.
Art. 297 3. Once inside the building, the offender took
personal property belonging to another with
Q: Where does this article apply? intent to gain.

A: It applies when homicide is committed on the Q: What does force upon things mean?
occasion of an attempted or frustrated robbery.



A: It requires some element of trespass into the A:

establishment where the robbery was committed; 1. Offender is inside a dwelling house, public
e.g. the offender must have entered the premises building or edifice devoted to religious
where the robbery was committed. worship, regardless of circumstances under
which he entered it
Note: If no entry was effected, even though force may 2. Offender takes personal property belonging to
have been employed actually in the taking of the another, with intent to gain, under any of the
property from within the premises, the crime will only following circumstances:
be theft. a. By the breaking of doors, wardrobes,
chests, or any other kind of locked or
Q: What does public building mean? sealed furniture or receptacle, or door.

A: It refers to every building owned by the Note: Door refers only to doors, lids or
Government or belonging to a private person but opening sheets of furniture or other
used or rented by the Government, although portable receptacles, not to inside doors of
temporarily unoccupied by the same. house or building.

Q: What does inhabited house mean? b. By taking such furniture or objects away
to be broken or forced open outside the
A: It refers to any shelter, ship or vessel constituting place of the robbery.
the dwelling of one or more persons even though
the inhabitants thereof are temporarily absent Note: It is estafa or theft, if the locked or
therefrom when the robbery is committed. sealed receptacle is forced open in the
building where it is kept or not taken there
Q: What does dependencies mean? from to be broken outside.

A: It consists of all interior courts, corrals, Robbery in an Uninhabited Place and by a Band
warehouses, granaries, barns, coach houses, Art. 300
stables, or other departments, or enclosed interior
entrance connected therewith and which form part Note: Robbery with force upon things (Art. 299), in
of the whole. Orchards and other lands used for order to be qualified, must be committed in an
cultivation or production are not included, even if uninhabited place and by a band (Art. 300) while
closed, contiguous to the building, and having robbery with violence against or intimidation of
direct connection therewith. persons must be committed in an uninhabited place or
by a band (Art. 295).
Requisites:
a. It must be contiguous to the building Robbery in an Uninhabited Place or in a Private
b. It must have an interior entrance Building
connected therewith Art. 302
c. It must form part of the whole
Illustration:
A:
A small store located on the ground floor of a 1. Offender entered an uninhabited place or a
house is a dependency of the house, there building which was not a dwelling house, not a
being no partition between the store and the public building, or not an edifice devoted to
house, and in going to the main stairway, one religious worship.
has to enter the store which has a door. (U.S. 2. Any of the following circumstances was
vs. Ventura, 39 Phil. 523) present:
a. Entrance was effected through an
Q: What does false keys mean? opening not intended for entrance or
egress
A: Genuine keys stolen from the owner or any keys
other than those intended by the owner for use in Note: If the entrance was made through the
the lock forcibly opened by the offender. door which was open, or closed but
unlocked, and not through the window, the
Q: What are the elements of the 2nd kind of person who took personal property from the
robbery with force upon things under Art. 299? house with intent to gain is guilty only of
theft and not robbery. Where an opening
CRIMINAL LAW TEAM

created by the accidental bumping of a the last paragraph of Art. 299. (US v. Tapan, 20
vehicle in the stores wall was made the Phil. 211)
entrance of the malefactor, the taking of the
personal property inside the store is robbery Robbery of Cereals, Fruits, or Firewood in an
and not theft because the hole is not
Uninhabited Place or Private Building
intended for entrance or egress.
Art.303

b. Wall, roof, floor, or outside door or
window was broken, Q: When does this Article apply?

Note: Like Robbery in an inhabited house, A: This applies when the robbery was committed by
the breaking should be made in order to the use of force upon things, without violence
effect the entrance into the place. So if the against or intimidation of any person in an
wall, roof, floor etc. was broken in the inhabited house, public building, or edifice devoted
course of escaping, the act committed is not to religious worship (Art. 299) or in uninhabited
Robbery. place or private building (Art. 302).

c. Entrance was effected through the use of Possession of Picklocks or Similar Tools
false keys, picklocks or other similar tools Art. 304
d. Door, wardrobe, chest, or any sealed or
closed furniture or receptacle was broken Q: What are the elements of this crime?
e. Closed or sealed receptacle was removed,
even if the same be broken open A:
elsewhere 1. Offender has in his possession picklocks or
similar tools.
Note: Under letters d and e, the robber did 2. Such picklocks or similar tools are specially
not enter through a window or effected adopted to the commission of robbery.
entrance by breaking the floor, door, wall, 3. Offender does not have lawful cause for such
etc., otherwise these circumstances by
possession.
themselves already make the act as that of

robbery. In these 2 cases, the robbers
entered through the door, and once inside, False Keys
broke wardrobe, sealed or close receptacles Art. 305
etc., or took away closed or sealed
receptacle to be broken elsewhere. Q: What do false keys include?

3. With intent to gain, the offender took A: False keys include:
therefrom personal property belonging to 1. Picklocks or similar tools
another. 2. Genuine keys stolen from the owner
3. Any key other than those intended by the
Q: In committing robbery in a store, what crime is owner for use in the lock forcibly opened
committed? by the offender.

A: Note: Possession of false keys in pars. 2 and 3 above
1. If the store is used as a dwelling of one or are not punishable. If the key was entrusted to the
more persons, the robbery committed therein offender and he used it to steal, crime is not robbery
would be considered as committed in an but theft.
inhabited house under Art. 299. (People v.
Suarez, G.R. No. L-6431, March 29, 1954) Brigandage
2. If the store was not actually occupied at the Art. 306
time of the robbery and was not used as a
dwelling, since the owner lived in a separate Q: When can there be brigandage?
house, the robbery committed therein is
punished under Art. 302. (People v. Silvestre, A: There is brigandage when:
34 O.G. 1535) 1. There be at least four armed malefactors
3. If the store is located on the ground floor of 2. They formed a band of robbers
the house belonging to the owner, having an 3. The purpose is any of the following:
interior entrance connected therewith, it is a a. To commit robbery in the highway
dependency of an inhabited house and the b. To kidnap persons for the purpose of
robbery committed therein is punished under extortion or to obtain ransom

c. To attain by means of force and predetermined or particular victim. (People v. Puno,

violence any other purpose G.R. No. 97471, Feb. 17, 1993)

Q: What is the essence of brigandage? Note: In US v. Feliciano, 3 Phil. 422, it was pointed out
that highway robbery or brigandage is more than
A: Brigandage is a crime of depredation wherein ordinary robbery committed on a highway. The
the unlawful acts are directed not only against purpose of brigandage is indiscriminate robbery in
specific, intended or preconceived victims, but highways. If the purpose is only a particular robbery,
against any and all prospective victims anywhere on the crime is only robbery or robbery in band, if there
the highway and whoever they may potentially be. are at least four armed participants.

Q: What are the distinctions between robbery in Q: What are the distinctions between PD
band and brigandage under Art. 306? 532(Highway Robbery) and Brigandage under Art.
306?
A:
A:
ROBBERY BY A BAND BRIGANDAGE UNDER
ART. 306 PD 532 Brigandage in RPC
Purpose is to commit Crime must be Mere formation of band
Purpose is to commit robbery in highway; or to committed is punishable
robbery not kidnap a person for One malefactor will At least armed 4
necessarily in ransom or any other suffice Malefactors
highways. purpose attained by
force and violence Aiding and Abetting a Band of Brigands
Actual commission of Mere formation is Art. 307
robbery is necessary. punished.
It may be committed Q: What are the elements of this crime?
There is always a
even without a
preconceived victim
preconceived victim
A:
1. There is a band of brigands.
Q: What is highway robbery under P.D. 532? 2. Offender knows the band to be of brigands.
3. Offender does any of the following acts:
A: Highway robbery or brigandage is the seizure for a. He in any manner aids, abets or protects
ransom, extortion or other unlawful purposes or such band of brigands
the taking away of property of another by means of b. He gives them information of the
violence against or other unlawful means, movements of the police or other peace
committed by any person on any Philippine officers of the government
Highway. c. He acquires or receives the property
taken by such brigands
Any person who aids or protects highway robbers
or abets the commission of highway robbery or
Theft
brigandage shall be considered as an accomplice.
Art. 308

Note: Philippine highway shall refer to any road,
street, passage, highway and bridges or other parts Q: What is theft?
thereof, or railway or railroad within the Philippines
used by persons, or vehicles, or locomotives or trains A: Theft is committed by any person who, with
for the movement or circulation of persons or intent to gain but without violence against or
transportation of goods, articles, or property or both. intimidation of persons nor force upon things, shall
take personal property of another without the
Q: What is the gravamen of highway robbery/ latters consent.
brigandage under Presidential Decree No. 532 ?
Q: Who are the persons liable for theft?
A: The Supreme Court pointed out that the purpose
of brigandage is, inter alia, indiscriminate A:
highway robbery. And that PD 532 punishes as 1. Those who, with intent to gain, but without
highway robbery or Brigandage only acts of robbery violence against or intimidation of persons nor
perpetrated by outlaws indiscriminately against any force upon things, take personal property of
person or persons on a Philippine highway as another without the latters consent.
defined therein, not acts committed against a
CRIMINAL LAW TEAM

2. Those who having found lost property, fail to long as the property taken does not belong to the
deliver the same to the local authorities or to accused who has a valid claim thereover, it is
its owner. immaterial whether said offender stole it from the
owner, a mere possessor, or even a thief of the
Note: Lost property includes stolen property so property. (Miranda v. People, January 2012)
that the accused who found a stolen horse is
liable if he fails to deliver the same to the owner Illustration:
or to the authorities since the term lost is
generic in nature and embraces loss by stealing or Where the finder of the lost or mislaid
by any act of a person other than the owner as property entrusts it to another for delivery to a
well as by the act of the owner himself through designated owner, the person to whom it is
same casual occurrence. (People v. Rodrigo, G.R.
thus confided, assumes by voluntary
No. L-18507, Mar. 31, 1966)
substitution, as to both the property and the

owner, the same relation as was occupied by
3. Those who after having maliciously damaged
the finder. If he misappropriates it, he is guilty
the property of another, remove or make use
of Theft as if he were the actual finder of the
of the fruits or object of the damage caused by
same. (People v. Avila, 44 Phil. 720 [1923])
them.

Q: Mario found a watch in a jeep he was riding,
4. Those who enter an enclosed estate or a field
and since it did not belong to him, he approached
where trespass is forbidden or which belongs
policeman P and delivered the watch with
to another and, without the consent of its
instruction to return the same to whoever may be
owner, hunt or fish upon the same or gather
found to be the owner. P failed to return the
fruits, cereals or other forest or farm products.
watch to the owner and, instead, sold it and

appropriated for himself the proceeds of the sale.
Q: What are the elements of theft?
Charged with theft, P reasoned out that he cannot

be found guilty because it was not he who found
A:
the watch and moreover, the watch turned out to
1. There is taking of personal property
be stolen property. Is P's defense valid?
2. Property taken belongs to another

3. Taking was done with intent to gain
A: No, P's defense is not valid. In a charge for theft,
4. Taking was done without the consent of the
it is enough that the personal property subject
owner
thereof belongs to another and not to the offender.

It is irrelevant whether the person deprived of the
Illustration:
possession of the watch has or has no right to the

watch. Theft is committed by one who, with intent
While praying in church, A felt and saw his
to gain, appropriates property of another without
wallet being taken by B, but because of the
the consent of its owner. And the crime is
solemnity of the proceedings, did not make
committed even when the offender receives
any move; while the taking was with his
property of another but acquires only physical
knowledge, it was without his consent, and
possession to hold the same. (1998 Bar Question)
Theft is committed.

Q: What is the test to determine whether an
5. Taking is accomplished without the use of
object can be the subject of theft?
violence against or intimidation of persons of

force upon things.
A: The test of what is the proper subject of larceny

seems to be not whether the subject is corporeal
Q: What is the meaning of taking in law?
but whether it is capable of appropriation by

another.
A: It means the act of depriving another of the

possession and dominion of movable property. The
Q: When is unlawful taking complete?
taking must be accompanied by the intention, at

the time of the taking, of withholding the thing with
A: Unlawful taking is deemed complete from the
some character of permanency.
moment the offender gains possession of the thing,

even if he has no opportunity to dispose of the
Q: Is ownership material in theft?
same.

A: No. The subject of the crime of theft is any
personal property belonging to another. Hence, as


Q: In theft, is it required for the thief to be able to sleep in the house of the complainant out of the
carry away the thing taken from the owner? latters pity and charity, but stole the latters
money in his house when he left the place.
A: No, the consummation of this crime takes place
upon the voluntary and malicious taking of the 3. If the property stolen is a motor vehicle, mail
property which is realized upon the material matter or large cattle
occupation of the taking, that is, when he had full 4. If the property stolen consist of coconuts
possession thereof even if he did not have the taken from the premises of a plantation
opportunity to dispose of the same. 5. If the property stolen is fish taken from a
fishpond or fishery
Note: Proof that the accused is in possession of a 6. If property is taken on the occasion of fire,
recently stolen property gives rise to a valid earthquake, typhoon, volcanic eruption, or
presumption that he stole the property. any other calamity, vehicular accident or civil
disturbance.
Q: Can there be a crime of frustrated theft?
Q: Accused-appellant is a Branch Manager of UCC.
A: No. Unlawful taking, which is the deprivation of It was alleged that he used the credit line of
ones personal property, is the element which accredited dealers in favor of persons who either
produces the felony in its consummated stage. At had no credit lines or had exhausted their credit
the same time, without unlawful taking as an act of lines. He diverted cement bags from the
execution, the offense could only be attempted companys Norzagaray Plant or La Union Plant to
theft, if at all. With these considerations, under truckers who would buy cement for profit. In
Article 308 of the RPC, theft cannot have a these transactions, he instructed the customers
frustrated stage. Theft can only be attempted or that payments be made in the form of Pay to
consummated. (Valenzuela v. People, June 2007) Cash checks, for which he did not issue any
receipts. He did not remit the checks but these
Note: The ability of the offender to freely dispose of were either encashed or deposited to his personal
the property stolen is not a constitutive element of the bank account. What is the crime committed?
crime of theft. Such factor runs immaterial to the
statutory definition of theft, which is the taking, with A: Qualified theft through grave abuse of
intent to gain, of personal property of another without confidence. His position entailed a high degree of
the latters consent. confidence, having access to funds collected from
UCC clients. As Branch Manager of UCC who was
Q: What is the distinction between theft and authorized to receive payments from UCC
estafa? customers, he gravely abused the trust and
confidence reposed upon him by the management
A: of UCC. Precisely, by using that trust and
Theft Estafa confidence, accused-appellant was able to
The crime is theft if only Where both the perpetrate the theft of UCC funds to the grave
the physical or material material and juridical prejudice of the latter. (People v. Mirto, October
possession of the thing possession are 2011)
is transferred. transferred,
misappropriation of the Q. Mrs. S was a bank teller. In need of money, she
property would took P5,000.00 from her money drawer and made
constitute estafa. it appear that a certain depositor made a
withdrawal from his account when in fact no such
Qualified Theft withdrawal was made. What crime was committed
Art. 310 by Mrs. S?

Q: When is theft qualified? A: Mrs. S is liable for qualified theft. Mrs. S was only
in material possession of the deposits as she
A: received the same in behalf of the bank. Juridical
1. If theft is committed by a domestic servant possession remains with the bank. Juridical
2. If the theft is committed with grave abuse of possession means possession which gives the
confidence transferee a right over the thing which the
transferee may set up even against the owner. If a
Note: If the offense is to be qualified by abuse of bank teller appropriates the money for personal
confidence, the abuse must be grave, like an gain then the felony committed is theft. Further,
accused who was offered food and allowed to since Mrs. S occupies a position of confidence, and
CRIMINAL LAW TEAM

the bank places money in her possession due to the A: Entering or occupying public agricultural land
confidence reposed on her, the felony of qualified including public lands granted to private individuals.
theft was committed. (Roque v. People G.R. No.
138954 Nov. 25, 2004) Q: Who are squatters?

Theft of the Property of the National Library and A:
National Museum 1. Those who have the capacity or means to pay
Art. 311 rent or for legitimate housing but are squatting
anyway.
Note: Theft of property of National Library and 2. Also the persons who were awarded lots but
National Museum has a fixed penalty regardless of its sold or lease them out.
value, but if the crime is committed with grave abuse 3. Intruders of lands reserved for socialized
of confidence, the penalty for qualified theft shall be housing, pre-empting possession by occupying
imposed. the same. (Urban Development and Housing
Act)
USURPATION
Altering Boundaries or Landmarks
Occupation of Real Property or Usurpation of Real Art. 313
Rights in Property
Art. 312 Q: What are the elements of this crime?

Q: What are the punishable acts? A:
1. There are boundary marks or monuments of
A: towns, provinces, or estates, or any other
1. Taking possession of any real property marks intended to designate the boundaries of
belonging to another. the same.
2. Usurping any real rights in property belonging 2. Offender alters said boundary marks.
to another.
Note: Intent to gain is not necessary. The mere act of
Q: What are the elements of this crime? altering or destruction of the boundary marks is
sufficient.
A:
1. Offender takes possession of any real property CULPABLE INSOLVENCY
or usurps any real rights in property.
2. Real property or real rights belongs to another. Fraudulent Insolvency
3. Violence against or intimidation of persons is Art. 314
used by the offender in occupying real
property or usurping real rights in property. Q: What are the elements of fraudulent
4. There is intent to gain. insolvency?

Note: If the accused is the owner of the property A:
which he usurped from the possessor, he cannot be 1. Offender is a debtor, that is, he has obligations
held liable for usurpation. Considering that this is a due and payable.
crime against property, there must be intent to gain. In 2. He absconds with his property.
the absence of the intent to gain, the act may
3. There be prejudice to his creditors.
constitute coercion.

Note: The fraud must result to the prejudice of his
Q: What if in the act of occupying a real property, creditors. If the accused concealed his property
somebody was killed, can there be a separate fraudulently but it turned out that he has some other
charge of homicide? property with which to satisfy his obligation, he is not
liable under this article.
A: If homicide was used in order to occupy the
property, then homicide is absorbed. If a person Q: What is the essence of this crime?
was killed after the offender has already occupied
the property, he is liable for a separate charge of A: The essence of the crime is that any property of
homicide the debtor is made to disappear for the purpose of
evading the fulfillment of the obligations and
Q: What is punished by R.A. 947?


liabilities contracted with one or more creditors to a. Offender has an onerous obligation to
the prejudice of the latter deliver something of value
b. He alters its substance, quantity, or
Note: Being a merchant qualifies the crime as the quality
penalty is increased. c. Damage or prejudice is caused to another

SWINDLING AND OTHER DECEITS Illustration:

Swindling (Estafa) Where the accused is bound by virtue of a
Art. 315 contract of sale, payment having been
received to deliver first class of rice (e.g.
Q: What are the elements of estafa in general? milagrosa) but delivered an inferior kind, or
that he bound himself to deliver 1000 sacks
A: but delivered less than 1000 because the other
1. Accused defrauded another by abuse of sacks were filled with different materials, he is
confidence or by means of deceit This covers guilty of estafa with unfaithfulness or abuse of
the three different ways of committing estafa confidence by altering the quantity or quality
under Article 315; thus, estafa is committed: of anything of value by virtue of an obligation
a. With unfaithfulness or abuse of to do so.
confidence
b. By means of false pretenses or fraudulent 2. Under paragraph (b):
acts; or a. Money, goods, or other personal property
c. Through fraudulent means is received by the offender in trust, or on
2. Damage or prejudice capable of pecuniary commission, or for administration, or
estimation is caused to the offended party or under any other obligation involving the
third person. duty to make delivery of, or to return, the
same
Illustration: b. There is misappropriation or conversion
of such money or property by the
When the accused deceived the complainants offender, or denial on his part of such
into believing that there were indeed jobs receipt
waiting for them in Taiwan, and the latter sold c. Such misappropriation or conversion or
their carabaos, mortgaged or sold their parcels denial is to the prejudice of another; and
of land and even contracted loans to raise the d. There is a demand made by the offended
P40,000.00 placement fee required of them by party to the offender
the accused, the assurances given by the latter
made the complainants part with whatever Note: The fourth element is not necessary
resources they had, clearly establishing deceit when there is evidence of misappropriation
and damage which constitute the elements of of the goods by the defendant.
estafa (People v. Bautista, 214 SCRA 216).
Under P.D. 115 (Trust Receipts Law), the Illustration:
failure of the entrustee to turn over the
proceeds of the sale of the goods, documents, The accused received in trust the money from
or instruments covered by a trust receipt, to the complainants for the particular purpose of
the extent of the amount owing to the investing the same with the Philtrust
entruster, or as appearing in the trust receipt; Investment Corp. with the obligation to make
or the failure to return said goods, documents, delivery thereof upon demand but failed to
or instruments if they were not sold or return the same despite demands. It was
disposed of in accordance with the terms of admitted that she used the money for her
the trust receipt constitute estafa. business. Accused is guilty of estafa through
misappropriation. (Fontanilla v. People, 258
Q: What are the elements of estafa with SCRA 460)
unfaithfulness of abuse of confidence under
Article 315 (1)? A money market transaction however partakes
of the nature of a loan, and non-payment
A: thereof would not give rise to criminal liability
1. Under paragraph (a): for estafa through misappropriation or
conversion. In money market placements, the
unpaid investor should institute against the
CRIMINAL LAW TEAM

middleman or dealer, before the ordinary but sold the ring, kept the cash proceeds thereof
courts, a simple action for recovery of the to herself, and issued a check to Victoria which
amount he had invested, and if there is bounced. Victoria sued Rosa for estafa under
allegation of fraud, the proper forum would be Article 315, RPC, Victoria insisting that delivery to
the SEC. (Sesbreno v. CA, 240 SCRA 606) a third person of the thing held in trust is not a
defense in estafa. Is Rosa criminally liable for
3. Under paragraph (c): estafa under the circumstances?
a. The paper with the signature of the
offended party is in blank; A: No, Rosa cannot be held criminally liable for
b. Offended party delivered it to the estafa. Although she received the jewelry from
offender; Victoria under an obligation to return the same or
c. Above the signature of the offended deliver the proceeds thereof, she did not
party, a document is written by the misappropriate it. In fact, she gave them to Aurelia
offender without authority to do so; specifically to be returned to Victoria. The
d. The document so written creates a misappropriation was done by Aurelia, and absent
liability of, or causes damage to, the the showing of any conspiracy between Aurelia and
offended party or any third person. Rosa, the latter cannot be held criminally liable for
Aurelia's acts. Furthermore, Rosa's negligence
Q: Is the accuseds mere failure to turn over the which may have allowed Aurelia to misappropriate
thing delivered to him in trust despite demand and the jewelry does not make her criminally liable for
the duty to do so, constitute estafa under Art. 315 estafa. (1999 Bar Question)
par 1 (b)?
Q: What are the elements of estafa by means of
A: No. The essence of estafa under Art. 315 (1) (b) false pretenses or fraudulent acts under Article
of the RPC is the appropriation or conversion of 315 (2)?
money or property received, to the prejudice of the
owner thereof. It takes place when a person A:
actually appropriates the property of another for 1. Under paragraph (a)
his own benefit, use and enjoyment. The failure to a. Using fictitious name
account, upon demand, for funds or property held b. Falsely pretending to possess power,
in trust is a mere circumstantial evidence of influence, qualifications, property, credit,
misappropriation. In other words, the demand for agency, business or imaginary
the return of the thing delivered in trust and the transactions; or
failure of the accused to account for it are c. By means of other similar deceits
circumstantial evidence of misappropriation.
However, this presumption is rebuttable. If the 2. Under paragraph (b) Altering the quality,
accused is able to satisfactorily explain his failure to fineness, or weight of anything pertaining to
produce the thing delivered in trust, he may not be his art or business.
held liable for estafa. In the case at bar, however,
since the medrep failed to explain his inability to 3. Under paragraph (c) Pretending to have
produce the thing delivered to him in trust, the rule bribed any government employee, without
that the failure to account, upon demand, for prejudice to the action for calumny which the
funds or property held in trust is circumstantial offended party may deem proper to bring
evidence of misappropriation applies without against the offender.
doubt. (Filadams Pharma, Inc. v. CA, G.R. No.
132422, Mar. 30, 2004) 4. Under paragraph (d) postdating a check or
issuing a check in payment of an obligation
Q: Aurelia introduced Rosa to Victoria, a dealer in
jewelry who does business in Timog, Quezon City. 5. Under paragraph (e)
Rosa, a resident of Cebu City, agreed to sell a a. By obtaining food, refreshment or
diamond ring and bracelet for Victoria on a accommodation at a hotel, inn,
commission basis, on condition that, if these items restaurant, boarding house, lodging
can not be sold, they may be returned to Victoria house or apartment house without paying
forthwith. Unable to sell the ring and bracelet, therefor, with intent to defraud the
Rosa delivered both items to Aurelia in Cebu City proprietor or the manager thereof
with the understanding that Aurelia shall, in turn, b. By obtaining credit at any of said
return the items to Victoria in Timog, Quezon City. establishments by the use of any false
Aurelia dutifully returned the bracelet to Victoria pretense


c. By abandoning or surreptitiously A: This gave rise to a prima facie evidence of

removing any part of his baggage from deceit, which is an element of the crime of estafa,
any of said establishments after obtaining constituting false pretense or fraudulent act as
credit, food, refreshment or stated in the second sentence of paragraph 2(d),
accommodation therein, without paying Article 315 of the RPC. (People v. Montaner, ibid.)
therefor
Q: Can the fact that the accused was not the actual
Q: What are the elements of estafa under maker of the check be put up as a defense?
paragraph 2 (d) of Article 315?
A: No. In the case of People v. Isleta, et.al. (61 Phil.
A: The elements of estafa under paragraph 2(d), 332), and reiterated in the case of Zalgado v. CA
Article 315 of the Revised Penal Code are: (178 SCRA 146) it was held that the appellant who
1. The postdating or issuance of a check in only negotiated directly and personally the check
payment of an obligation contracted at drawn by another is guilty of estafa because he had
the time the check was issued; guilty knowledge that at the time he negotiated
2. Lack of sufficiency of funds to cover the the check, the drawer has no sufficient funds.
check; and (Garcia v. People, G.R. No. 144785, Sept. 11, 2003)
3. Damage to the payee. (People v.
Montaner, August 2011) Q: What are the elements of Estafa through
fraudulent means under Article 315 (3)?
Q: When does Art. 315 (2) (d) apply?
A:
A: Only when: 1. Under paragraph (a)
1. Check is drawn to enter into an obligation a. Offender induced the offended party to
2. Obligation is not pre-existing sign a document.
b. Deceit was employed to make him sign
Note: The check must be genuine. If the check is the document.
falsified and is cashed with the bank or exchanged for c. Offended party personally signed the
cash, the crime is estafa thru falsification of a document.
commercial document. d. Prejudice was caused.

Illustration: Illustration:

The accused must be able to obtain something A induced an illiterate owner who was
from the offended party by means of the check desirous of mortgaging his property for a
he issued and delivered. Thus, if A issued a certain amount, to sign a document which he
check in favor of B for a debt he has incurred a believed was only a power of attorney but in
month or so ago, the dishonor of the check for truth it was a deed of sale. A is guilty of Estafa
insufficiency of funds in the bank does not under par.3(a) and the damage could consist
constitute Estafa. But if A told B to deliver to at least in the disturbance in property rights.
him P10,000 and he would issue in favor of B a (U.S. vs. Malong, GR. No. L-12597, Aug.30,
check in the sum of P11,000 as it was a Sunday 1917)
and A needed the cash urgently, and B gave his
P10,000 having in mind the profit of P1,000 2. Under paragraph (b) Resorting to some
when he encashes the check on Monday and fraudulent practice to insure success in a
the check bounced when deposited, A can be gambling game;
held liable for Estafa. In such case, it was clear
that B would have not parted with his P10,000 3. Under paragraph (c)
were it not for the issuance of As check. a. Offender removed, concealed or
destroyed.
Q: Is good faith a defense? b. Any court record, office files, documents
or any other papers.
A: Yes. The payees knowledge that the drawer has c. With intent to defraud another.
no sufficient funds to cover the postdated checks at
the time of their issuance negates estafa. Illustration:

Q: What is the effect of failure to comply with a When a lawyer, pretending to verify a certain
demand to settle the obligation? pleading in a case pending before a court,

CRIMINAL LAW TEAM

borrows the folder of the case, and removes or Q: What is novation theory and when does this
destroys a document which constitutes apply?
evidence in the said case, said lawyer is guilty
of estafa under par.3(c). A: Novation theory contemplates a situation
wherein the victims acceptance of payment
Q: What does fraud and deceit in the crime of converted the offenders criminlal liability to a civil
estafa mean? obligation. It applies only if there is a contractual
relationship between the accused and the
A: In Alcantara v. Court of Appeals, this Court, complainant.
citing People v. Balasa, explained the meaning
of fraud and deceit, viz.: Q: Does a novation or compromise affect the
criminal liability of a person accused of estafa?
Fraud in its general sense is deemed to comprise Explain.
anything calculated to deceive, including all acts,
omissions, and concealment involving a breach of A: Novation or compromise does not affect criminal
legal or equitable duty, trust, or confidence justly liability of the offender of the accused. So, partial
reposed, resulting in damage to another, or by payment or extension of time to pay the amount
which an undue and unconscientious advantage is misappropriated or acceptance of a promissory
taken of another. It is a generic term embracing all note for payment of the amount involved does not
multifarious means which human ingenuity can extinguish criminal liability, because a criminal
device, and which are resorted to by one individual offense is committed against the people and the
to secure an advantage over another by false offended party may not waive or extinguish the
suggestions or by suppression of truth and includes criminal liability that the law imposes for the
all surprise, trick, cunning, dissembling and any commission of the offense. In order that novation
unfair way by which another is cheated. And deceit of contract may relieve the accused of criminal
is the false representation of a matter of fact liability, the novation must take place before the
whether by words or conduct, by false or criminal liability is incurred; criminal liability for
misleading allegations, or by concealment of that estafa is not affected by compromise or novation of
which should have been disclosed which deceives contact for it is a public offense which must be
or is intended to deceive another so that he shall prosecuted and punished by the State at its own
act upon it to his legal injury. (Lateo y Eleazar v. volition.
People, June 2011)
Q: Does payment of an obligation before the
Q: Is demand a condition precedent to the institution of the complaint relieve the offender
existence of Estafa? from liability?

A: GR: There must be a formal demand on the A: No. Mere payment of an obligation before the
offender to comply with his obligation before he institution of a criminal complaint does not, on its
can be charged with estafa. own, constitute novation that may prevent criminal
liability. The criminal liability for estafa already
XPN: committed is not affected by the subsequent
1. When the offenders obligation to comply novation of contract, for it is a public offense which
is subject to a period, and must be prosecuted and punished by the State.
2. When the accused cannot be located (Milla v. People, Jan. 25, 2012)
despite due diligence.



Q: What are the distinctions between robbery, theft and estafa?

A:
ROBERY THEFT ESTAFA
Only personal property is Only personal property is Subject matter may be real
involved. involved. property
Taking is by means of force Taking is not by means of force Taking is not by means of force
upon things or violence against upon things or violence against upon things or violence against
or intimidation of persons. or intimidation of persons. or intimidation of persons.
Penalty does not necessarily
Penalty depends on the amount Penalty depends on the amount
depend on the amount
involved involved
involved.
Offender takes the property Offender takes the property
without the consent of the without the consent of the
Offender receives the property
owner by using threats, owner and without using
intimidation or violence threats, intimidation or violence

Note: The crime is theft even if the property was delivered to the offender by the owner or possessor, if the latter
expects an immediate return of the property delivered, that is, he delivered only the physical or material possession of
the property. (U.S. v. De Vera, 43 Phil. 1000) However, if what was delivered was juridical possession of the property,
that is, a situation where the person to whom it was delivered can set off his right to possess even as against the owner,
and the latter should not be expecting the immediate return of the property, the misappropriation or taking of that
property is estafa. (U.S. v. Figueroa, 22 Phil. 270)

Q: A, intending to redeem certain jewels gave the Crime is committed Crime is committed by
pawnshop tickets to B, her servant so that the by misappropriating, appropriating, taking or
latter might take care of them temporarily. One converting or denying misappropriating or
week later, B met C, who got the tickets and having received consenting, or, through
refused to return them alleging that the tickets money, goods or abandonment or
were of no value notwithstanding the demands other personal negligence, permitting
made by B. Later, C redeemed the jewels without property. any other person to
the knowledge and consent of A or B. What crime take the public funds or
did C commit? property.
Offenders are entrusted with funds or property
A: The complex crime of theft and estafa, the
Continuing offenses
former, a necessary means to commit the latter. C,
with intent to gain, took the pawnshop tickets
Note: Estafa through false pretense made in writing is
without the consent of either A or B. This is theft.
only a simple crime of estafa, not a complex crime of
By redeeming the jewels by means of the pawnshop
estafa through falsification.
tickets, he committed estafa using a fictitious name

(People v. Yusay, 60 Phil 598)
Q: Distinguish estafa and infidelity in the custody

of document.
Q: What are the distinctions between estafa with

abuse of confidence and malversation?
A:

ESTAFA INFIDELITY IN THE

CUSTODY OF
ESTAFA WITH ABUSE MALVERSATION
DOCUMENTS
OF CONFIDENCE
Private individual was Public officer
Funds or property are Involves public funds or
entrusted with the entrusted with the
always private. property.
document document
Offender is a private Offender is usually a
Intent to defraud No intent to
individual or even a public officer is
defraud
public officer who is accountable for public

not accountable for funds or property.

public funds or

property.

CRIMINAL LAW TEAM

Q: Can a person be charged with estafa and illegal a. That the thing disposed of is real
recruitment? property;

A: Yes. It is settled that a person may be charged Note: If the thing encumbered is a
and convicted separately of illegal recruitment personal property, it is Art. 319 (selling
under Republic Act No. 8042, in relation to the or pledging personal property) which
Labor Code, and estafa under Article 315, governs and not this Article
paragraph 2(a) of the Revised Penal Code. We
explicated in People v. Cortez and Yabut that: In this b. Offender knew that the real property
jurisdiction, it is settled that the offense of illegal was encumbered, whether the
recruitment is malum prohibitum where the encumbrance is recorded or not
criminal intent of the accused is not necessary for
conviction, while estafa is malum in se where the Note: Encumbrance includes every
criminal intent of the accused is crucial for right or interest in the land which
conviction. Conviction for offenses under the Labor exists in favor of third persons
Code does not bar conviction for offenses
punishable by other laws. Conversely, conviction for c. There must be express
estafa under par. 2(a) of Art. 315 of the Revised representation by the offender that
Penal Code does not bar a conviction for illegal the real property is free from
recruitment under the Labor Code. It follows that encumbrance
ones acquittal of the crime of estafa will not d. Act of disposing of the real property
necessarily result in his acquittal of the crime of be made to the damage of another
illegal recruitment in large scale, and vice versa.
Note: If the loan had already been granted before
(People v. Rose Ochoa, August 2011)
the property was offered as a security, Art. 316

(2) is not violated.
Other Forms of Swindling
Art. 316 3. Wrongful taking of personal property from its
lawful possessor to the prejudice of the latter
Q: What are the other forms of swindling? or a third person;

A: Elements:
1. Conveying, selling, encumbering, or a. Offender is the owner of personal
mortgaging any real property, pretending to be property
the owner of the same b. Said personal property is in the
lawful possession of another
Elements: c. Offender wrongfully takes it from its
a. Thing be immovable lawful possessor
b. Offender who is not the owner of d. Prejudice is thereby caused to the
said property should represent that possessor or third person
he is the owner thereof
c. Offender should have executed an 4. Executing any fictitious contract to the
act of ownership (selling, leasing, prejudice of another.
encumbering or mortgaging the real
property) 5. Accepting any compensation given to him
d. Act is made to the prejudice of the under the belief it was in payment of services
owner or of a third person. or labor when he did not actually perform such
services or labor.
Note: There must be existing real property to be
liable under this Article. If the real property is Note: This Article requires fraud as an important
inexistent, the offender will be liable for estafa element. If there is no fraud, it becomes payment
under par. 2(a). not owing, known as solution indebiti under the
Civil Code with the civil obligation to return the
2. Disposing real property knowing it to be wrong payment. (Reyes, 2008)
encumbered even if the encumbrance be not
recorded. It would seem that what constitutes estafa under
this paragraph is the malicious failure to return
Elements: the compensation wrongfully received. (Reyes,
2008)


6. Selling, mortgaging or in any manner Note: Real property is not included because it
encumbering real property while being a cannot be made to disappear, since a minor
surety in bond without express authority from cannot convey real property without judicial
the court or before being relieved from the authority.
obligation.
3. Consideration is some loan of money, credit or
Elements: other personal property.
a. Offender is a surety in a bond given 4. Transaction is to the detriment of such minor.
in a criminal or civil action
b. He guaranteed the fulfillment of Q: Is actual proof of deceit or misrepresentation
such obligation with his real property essential?
or properties
c. He sells, mortgages, or, in any other A: No. It is sufficient that the offender takes
manner encumbers said real advantage of the inexperience or emotions of the
property minor.
d. Such sale, mortgage or encumbrance
is without express authority from the Other Deceits
court, or made before the Art. 318
cancellation of his bond, or before
being relieved from the obligation Q: What are the other kinds of deceit under Art.
contracted by him 318?

Note: Art. 316 contemplates the existence of damage A:
as an element of the offense 1. Defrauding or damaging another by any other
deceit not mentioned in the preceding articles.
Q: What is the difference between Art. 316 (1) and 2. Interpreting dreams, making forecasts, telling
Art. 315 par. 2 (a) fortunes, or taking advantage of the credulity
of the public in any other similar manner, for
A: profit or gain.
Art. 316 (1) Art. 315 par.2 (a)
Note: Deceits in this article include false pretenses and
Refers only to real Covers real and fraudulent acts.
property personal property
CHATTEL MORTGAGE
The offender exercises or It is broader because it
executes, as part of the can be committed Removal, Sale or Pledge of Mortgaged Property
Art. 319
false representation, even if the offender

some act of dominion or does not execute acts
ownership over the of ownership, as long
property to the damage as there was a false A:
and prejudice of the real pretense 1. Knowingly removing any personal property
owner of the thing 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
Swindling a Minor of the mortgage, without the written consent
of the mortgagee or his executors,
Art. 317
administrators or assigns.

Elements:

a. Personal property is mortgaged
A:
under the Chattel Mortgage Law
1. Offender takes advantage of the inexperience
b. Offender knows that such property is
or emotions or feelings of a minor.
so mortgaged
2. He induces such minor to assume an
c. Offender removes such mortgaged
obligation, or to give release, or to execute a
personal property to any province or
transfer of any property right.
city other than the one in which it

CRIMINAL LAW TEAM

was located at the time of the The purpose of the The purpose is to
execution of the mortgage law is to protect the protect the purchaser,
d. Removal is permanent mortgagee whether the first or the
e. There is no written consent of the second
mortgagee or his executors,
administrators or assigns to such Destructive Arson
removal Art. 320, as amended by R.A. 7659

Note: Any person can be the offender.
Q: How is Destructive Arson committed?

2. Selling or pledging personal property already
A:
pledged, or any part thereof, under the terms
1. Any person who shall burn:
of the Chattel Mortgage Law, without the
a. One or more buildings or edifices,
consent of the mortgagee written on the back
consequent to one single act of burning,
of the mortgage and noted on the record
or as a result of simultaneous burnings, or
thereof in the office of the register of deeds of
committed on several or different
the province where such property is located.
occasions

b. Any building of public or private
Elements:
ownership, devoted to the public in
a. Personal property is already pledged
general or where people usually gather or
under the terms of the Chattel
congregate for a definite purpose such as,
Mortgage Law
but not limited to official governmental
b. Offender, who is the mortgagor of
function or business, private transaction,
such property, sells or pledges the
commerce, trade workshop, meetings and
same or any part thereof
conferences or merely incidental to a
c. There is no consent of the
definite purpose such as but not limited
mortgagee written on the back of
to hotels, motels, transient dwellings,
the mortgage and noted on the
public conveyance or stops or terminals,
record thereof in the office of the
regardless of whether the offender had
register of deeds.
knowledge that there are persons in said

Note: Chattel mortgage must be valid and
building or edifice at the time it is set on
subsisting. Removal of the mortgaged personal fire and regardless also of whether the
property must be coupled with intent to defraud. building is actually inhabited or not
c. Any train or locomotive, ship or vessel,
Q: Distinguish chattel mortgage from estafa under airship or airplane, devoted to
Art. 316 transportation or conveyance, or for
public use, entertainment or leisure
A: d. Any building, factory, warehouse
CHATTEL ESTAFA UNDER installation and any appurtenances
MORTGAGE ARTICLE 316 thereto, which are devoted to the service
of public utilities
The property The property involved is
e. Any building the burning of which is for
involved is personal a real property
the purpose of concealing or destroying
property
evidence of another violation of law, or
Selling or pledging of To constitute estafa, it
for purpose of concealing bankruptcy or
personal property is sufficient that the
defrauding creditors or to collect from
already pledged or real property
insurance.
mortgaged is mortgaged be sold as
2. Two or more persons or by a group of persons,
committed by the free, even though the
regardless of whether their purpose is merely
mere failure to vendor may have
to burn or destroy the building or the burning
obtain the consent obtained the consent of
merely constitutes an overt act in the
of the mortgagee in the mortgagee in
commission of another violation of law.
writing even if the writing
3. Any person who shall burn:
offender should
a. Any arsenal, shipyard, storehouse or
inform the purchaser
military powder or fireworks factory,
that the thing sold is
ordinance, storehouse, archives or
mortgaged
general museum of the Government.


b. In an inhabited place, any storehouse or mischief, i.e., that the act of damaging another's
factory of inflammable or explosive property be committed merely for the sake of
materials. damaging it, is not present in this case. He
maintains that the demolition of the nipa hut is for
MALICIOUS MISCHIEF the purpose of safeguarding the interest of his
employer. Was the court correct in convicting
Malicious Mischief Mario of malicious mischief?
Art. 327
A: Yes, Marios conviction for malicious mischief
Q: What is malicious mischief? must be sustained. As to the third element, Mario
was not justified in summarily and extra-judicially
A: Malicious mischief is the willful damaging of demolishing Julitas nipa hut. As it is, Mario
anothers property by any act not constituting proceeded not so much to safeguard the lot as it is
arson or crimes of destruction due to hate, revenge the vent to his anger and disgust over the no
or mere pleasure of destroying. tresspassing sign he placed thereon. Indeed, his
act of summarily demolishing the house smacks of
Q: What are the elements of malicious mischief? his pleasure in causing damage to it. (Valeroso v.
People, G.R. No. 149718. Sept. 29, 2003)
A:
1. Offender deliberately caused damage to the Special Cases of Malicious Mischief and Qualified
property of another Malicious Mischief
2. Such act does not constitute arson or other Art. 328
crimes involving destruction
3. Act of damaging anothers property be Q: What are the punishable acts under this article?
committed merely for the sake of damaging it
A:
Q: There was a collision between the side view 1. Causing damage to obstruct the performance
mirrors of two (2) vehicles. Immediately of public functions.
thereafter, the wife and the daughter of A alighted 2. Using any poisonous or corrosive substance.
from the CRV and confronted B. A, in view of the 3. Spreading any infections among cattle.
hostile attitude of B, summoned his wife and 4. Causing damage to the property of the
daughter to enter the CRV and while they were in National Museum or National Library, or to
the process of doing so, B moved and accelerated any archive or registry, waterworks, road,
his Vitara backward as if to hit them. Was there promenade, or any other thing used in
malicious mischief? common by the public.

A: Yes. The hitting of the back portion of the CRV by Note: The cases of malicious mischief under this article
B was clearly deliberate. The act of damaging the is also called qualified malicious mischief
rear bumper of the CRV does not constitute arson
or other crimes involving destruction. When the Other Mischiefs
Vitara bumped the CRV, B was giving vent to his Art. 329
anger and hate as a result of a heated encounter
between him and A. (Taguinod v. People, October Q: What are covered by this Article?
2011)
A: It includes mishiefs not included in Art. 328
Q: Mario was hired by the PNB as caretaker of its
lot situated in Balanga, Bataan. Consequently, Q: What is the basis of penalty under this Article?
Mario put up on the said lot a sign which reads
"No Trespassing, PNB Property" to ward off A: The value of the damage caused
squatters. Despite the sign, Julita, believing that
the said lot was owned by her grandparents, Q: The cows of B caused destruction to the plants
constructed a nipa hut thereon. Hence, Mario, of A. As an act of revenge, A and his tenants killed
together with four others, tore down and said cows. What is the crime committed?
demolished Julita's hut. She thus filed with the
MTC a criminal complaint for malicious mischief. A: The crime committed out of hate and revenge, is
Mario admitted that he deliberately demolished that of malicious mischief penalized by Art. 329.
Julita's nipa hut but he, however, contends that
the third element of the crime of malicious
CRIMINAL LAW TEAM

Damage or Obstruction to Means of

Communication A: Included are stepfather, adopted children,
Art. 330 natural children, concubine, and paramour.

Q: How is this crime committed? Anti Fencing Law (P.D. 1612)

A: It is committed by damaging any railway, Q: What is fencing?
telegraph or telephone lines.
A: Fencing is the act of any person who, with intent
Q: What would qualify this crime? to gain for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell or dispose of,
A: If the damage results in any derailment of cars, or shall buy and sell, or in any other manner deal in
collision, or other accident. any article, item, object or anything of value which
he knows, or should be known to him, to have been
Destroying or Damaging Statutes, Public derived from the proceeds of the crime of robbery
Monuments or Paintings or theft. (Sec. 2 [a])
Art. 331
Note: To be liable for fencing, the offender buys or
Q: Who are persons liable for this crime? otherwise acquires and then sells or disposes of any
object of value which he knows or should be known to

him to have been derived from the proceeds of the
A:
crime of robbery or theft. (Caoiti v. CA, G.R. No.
1. Any person who shall destroy or damage
128369, Dec. 22, 1997)
statutes or any other useful or ornamental
public monuments Q: What is the nature of the crime of fencing?
2. Any person who shall destroy or damage any
useful or ornamental painting of a public A: Fencing is a crime involving moral turpitude.
nature. Actual knowledge of the fact that the property
received is stolen, displays the same degree of
EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES malicious deprivation of ones rightful property as
AGAINST PROPERTY that which animated the robbery or theft which by
their very nature, are crimes of moral turpitude.
Persons Exempt from Criminal Liability (Dela Torre v. COMELEC, G.R. No. 121592, July 5,
Art. 332 1996)

Q: What are the crimes involved in this article? Q: Who is a fence?

A: A: A fence includes any person, firm, association,
1. Theft corporation or partnership or other organization
2. Swindling (estafa) who/which commits the act of fencing. (Sec. 2 [b])
3. Malicious mischief
Q: Are the officers of juridical persons liable under
Q: Who are the persons exempted under Art. 332? this law?

A: The following persons are exempted from A: Yes. If the fence is a partnership, firm,
criminal liability: corporation or association, the president or the
1. Spouses, ascendants and descendants, or manager or any of any officers thereof who knows
relatives by affinity in the same line. or should have known the commission of the
2. The widowed spouse with respect to the offense shall be liable. (Sec. 4)
property which belonged to the deceased
spouse before the same passed into the Q: What are the elements of fencing?
possession of another.
3. Brothers and sisters and brothers-in-law A: The elements of fencing are
and sisters-in-law, if living together. 1. A robbery or theft has been committed;
2. The accused, who took no part in the
Note: The exemption does not apply to strangers robbery or theft, buys, receives,
participating in the commission of the offense. possesses, keeps, acquires, conceals, sells
or disposes, or buys and sells, or in any
Q: Who are also included in the enumeration?


manner deals in any article or object Q: When does obtaining a clearance/permit to

taken during that robbery or theft; sell/used second hand articles exempt a person
3. The accused knows or should have known from being liable under anti-fencing law?
that the thing is derived from that crime;
and A: All stores, establishments or entities dealing in
4. He intends by the deal he makes to gain the buy and sell of any good, article item, object of
for himself or for another (Dimat v. anything of value obtained from an unlicensed
People, January 2012) dealer or supplier thereof, shall before offering the
same for sale to the public, secure the necessary
Note: Fencing under PD 1612 is a distinct crime from clearance or permit from the station commander of
theft and robbery. the Integrated National Police in the town or city
where such store, establishment or entity is
Q: What distinguishes fencing from robbery? located. The Chief of Constabulary/Director
General, Integrated National Police shall
A: The law on fencing does not require the accused promulgate such rules and regulations to carry out
to have participated in the criminal design to the provisions of this section. Any person who fails
commit, or to have been in any wise involved in the to secure the clearance or permit required by this
commission of, the crime of robbery or theft. section or who violates any of the provisions of the
Neither is the crime of robbery or theft made to rules and regulations promulgated thereunder shall
depend on an act of fencing in order that it can be upon conviction be punished as a fence. (Sec.6)
consummated. (People v. De Guzman, G.R. No.
77368, October 5, 1993) Bouncing Checks Law (B.P. 22)

Q: Is fencing a continuing offense? Q: What is a check?

A: No. Fencing is not a continuing offense. A: A check is a bill of exchange issued by a drawer
Jurisdiction is with the court of the place where the ordering a drawee bank to pay the payee named in
personal property subject of the robbery or theft the check a certain amount either payable to bearer
was possessed, bought, kept, or dealt with. The or order. It is a substitute for money to pay an
place where the theft or robbery was committed obligation incurred.
was inconsequential.
Q: What is a bouncing check?
Q: In the prosecution of anti fencing law, what
should be proven? A: A check is considered a bouncing check when
upon its presentment for payment, it is
A: Presidential Decree 1612 is a special law and, dishonoured for insufficiency of funds or when the
therefore, its violation is regarded as malum account of the drawer is already closed.
prohibitum, requiring no proof of criminal intent.
What the prosecution must prove is that the Q: What is presentment for payment?
offender knew or should have known that the
subject of the offense he acquired and later sold A: Presentment for payment means using the check
was derived from theft or robbery and that he as substitute for money. It is actually converting the
intended to obtain some gain out of his acts. (Dimat check into legal tender or money. The payee either
v. People, ibid.) deposits it or encashes it over the counter.
Presentment can only be made on the due date of
Q: When does the presumption of fencing arise? the check.

A: The mere possession of any good, article, item, Q: Who are liable under B.P. 22?
object, or anything of value which has been the
subject of robbery or thievery shall be prima facie A:
evidence of fencing. 1. Any person who makes or draws and issues
any check to apply on account or for value,
Note: The presumption does not offend the
knowing at the time of issue that he does not
presumption of innocence enshrined in the
have sufficient funds in or credit with the
fundamental law. It only shifted the burden of
drawee bank for the payment of such check in
evidence to the defense. Burden of proof is upon the
fence to overcome the presumption. full upon its presentment, which check is
subsequently dishonored by the drawee bank
for insufficiency of funds or credit or would
CRIMINAL LAW TEAM

have been dishonored for the same reason replenishment of his account soon, B, issued a
had not the drawer, without any valid reason, postdated check with which A negotiated for the
ordered the bank to stop payment. new tire. When presented, the check bounced for
lack of funds. The tire company filed a criminal
2. Having sufficient funds in or credit with the case against A and B. what would be the criminal
drawee bank when he makes or draws and liability, if any, of each of the two accused?
issues a check, shall fail to keep sufficient Explain.
funds or to maintain a credit to cover the full
amount of the check if presented within a A: A negotiated the unfunded check of B in buying a
period of 90 days from the date appearing new tire for his car may only be prosecuted for
thereon, for which reason it is dishonored by estafa if he was aware at the time of such
the drawee bank.(Sec.1) negotiation that the check has no sufficient funds in
the drawee bank; otherwise, he is not criminally
Q: What are the elements for violation of B.P. 22 liable.
(par. 1)?
B who accommodated A with his check may
A: nevertheless be prosecuted under B.P. 22 for
1. That a person makes or draws and issues any having issued the check, knowing at the time of
check issuance that he has no funds in the bank and that
2. The check is drawn or issued to apply on A will negotiate it to buy a new tire, i.e. for value. B
account or for a valuable consideration; may not be prosecuted for estafa because the facts
3. The person who makes or draws and issues the indicate that he is not actuated by intent to defraud
check knows at the time of issue that he does in issuing the check negotiated. Obviously, B issued
not have sufficient funds in or credit with the the postdated check only to help A. Criminal intent
drawee bank for the payment of such check in or dolo is absent.
full upon its presentment;
Q: What is the effect when the check was
th
Note: Knowledge of insufficiency of funds is a presented for payment on the 96 day after its
state of mind, hence, the hardest element to due date?
prove.
A: If the payee presented the check and it bounced,
4. At the time the check was presented for even if the payee sends a written notice of dishonor
payment at due date, the same was to the drawer, the payee would not be entitled to a
dishonoured for insufficiency of funds or presumption that the drawer had knowledge that
credit, or would have been dishonoured for he has no funds when the check was issued. The
the same reason had not the drawer, without said presumption can only be utilized during the 90-
any valid reason, ordered the bank to stop day period.
payment.
Q: Can a stolen check give rise to a violation of B.P.
Q: What are the elements for violation of B.P. 22 22?
(par. 2)?
A: No. A stolen check cannot give rise to a violation
A: of B.P. 22 because the check is not drawn for a
1. That a person has sufficient funds in or credit valuable consideration.
with the drawee bank when he makes or
draws and issues a check Q: Is actual knowledge of insufficiency of funds
2. That he fails to keep sufficient funds or to essential in B.P. 22
maintain a credit to cover the full amount of
the check if presented within a period of 90 A: Yes. Knowledge of insufficiency of funds or credit
days from the date appearing thereon in the drawee bank for the payment of a check
3. That the check is dishonoured by the drawee upon its presentment is an essential element of the
bank offense. There is a prima facie presumption of the
existence of this element from the fact of drawing,
Q: A and B agreed to meet at the latters house to issuing or making a check, the payment of which
discuss Bs financial problems. On his way, one of was subsequently refused for insufficiency of funds.
As car tires blew up. Before A left the meeting, he It is important to stress, however, that this is not a
asked B to lend him money to buy new spare tire. conclusive presumption that forecloses or
B had temporarily exhausted his bank deposits precludes the presentation of evidence to the
leaving a zero balance. Anticipating, however a


contrary. (Lim Lao v. CA, G.R. No. 119178, June 20, at the time the drawer issued the check, he had
1997) knowledge that he does not have sufficient funds.

Q: What is notice of dishonour? Q: What is the probative value of the unpaid or
dishonoured check with stamped information re:
A: When the check deposited by the payee refusal to pay?
bounces, the bank will give a notice attached to the
check that the check is dishonoured for A: Such is prima facie evidence of:
insufficiency of funds or account closed. It is a small 1. The making or issuance of the check;
piece of paper attached to the check informing the 2. The due presentment to the drawee for
payee that the check that was presented for payment and the dishonour thereof; and
payment has been dishonored. 3. The fact that the check was properly
Q: Is notice of dishonor an indispensable requisite dishonored for the reason stamped on
for prosecution? the check.

A: Yes, Sec. 3 of B.P. 22 requires that the holder of Q: What is the effect of the payment?
the check of the drawee bank, must notify the
drawer of the check that the same was dishonored, A: Once the check is paid within 5 days from notice
if the same is presented within 90 days from the of dishonor, there is no more violation of B.P. 22.
date of the issuance, and upon notice the drawer The reason of the law is already accomplished by
has five days within which to make arrangements the payment of the drawer of the check.
for the payment of the check or pay the same in
full. Q: Suppose the drawer goes into hiding to avoid
receiving the written notice of dishonor, what is
There can be no prima facie evidence of knowledge the remedy available to the payee?
of insufficiency of funds if no notice of dishonor was
actually sent to or received by the petitioner. The A: The payee may have a witness to testify that a
notice of dishonor may be sent by the offended copy of the written notice of dishonor was left at
party of the drawee bank. (Lim Lao v. CA) the house of the drawer and that would be
sufficient written notice of dishonor.
Q: Is a verbal notice of dishonor sufficient?
Q: When is there prima facie evidence of
A: No. the notice of dishonor must be in writing; a knowledge of insufficient funds?
verbal notice is not enough. A mere oral notice or
demand to pay would appear to be insufficient for A: GR: There is a prima facie evidence of knowledge
conviction under the law. (Damasang v. Court of of insufficient funds when the check was presented
Appeals) within 90 days from the date appearing on the
check and was dishonored.
Q: What happens after the payee received the
notice from the drawee? XPNs:
1. When the check was presented after 90
A: Upon receipt of the notice of dishonor, the days from date
payee as the offended party, or the drawee bank 2. When the maker or drawer:
will send a notice in writing to the drawer informing a. Pays the holder of the check in
the latter of such dishonor and giving the drawer cash, the amount due within five
five (5) banking days to make good the check from banking days after receiving notice
receipt of the notice of dishonor, the notice of that such check has not been paid
dishonor may be sent by the payee/offended party by the drawee
or the drawee bank. b. Makes arrangements for payment
in full by the drawee of such check
Q: Suppose the drawer, after his receipt of the within five banking days after
written notice of dishonor from the payee failed to notice of non-payment.
make good the check within a specified period,
what happens? Q: Evangeline issued checks to accommodate and
to guarantee the obligations of Boni in favour of
A: If the drawer receives the written notice of another creditor. When the checks issued by
dishonor and still fails to make good the check Evangeline were presented for payment, the same
within the given period, a presumption arises that was dishonored for the reason Account Closed.
CRIMINAL LAW TEAM

She was then convicted of three counts of

violation of B.P. 22. On appeal, she contended that Q: Is the drawer liable in cases of checks issued in
the prosecution failed to prove that she received payment of instalments?
any notice of dishonor of the subject checks from
the drawee bank. Thus, according to her, in the A: Checks issued in payment of instalments covered
absence of such notice, her conviction under B.P. by promissory notes and said checks bounced, the
22 was not warranted for there was no bad faith drawer is liable if the checks were drawn against
or fraudulent intent that may be inferred on her insufficient funds, especially that the drawer, upon
part. May Evangeline be held liable for violation of signing of the promissory note, closed his account.
B.P. 22 even in the absence of notice of dishonor? Said check is still with consideration. (Caram
Resources v. Contreras, A.M. No. MTJ-93-849, Oct.
A: No. In order to create the prima facie 26, 1994)
presumption, that the issuer knew of the
insufficiency of funds, it must be shown that he or Q: Does the person who issue guarantee checks
she received a notice of dishonor and within five which was dishonored in violation of the purpose
banking days thereafter, failed to satisfy the of the law incur any liability?
amount of the check or shall arrange for its
payment. It is only then that the drawer may be A: The mere issuance of any kind of check
held liable for violation of the subject law. In order regardless of the intent of the parties, i.e. where
to be punished for the acts committed under B.P. the check was intended merely to serve as guaranty
22, it is required thereunder that not only should deposit, but which check is subsequently
the accused issue a check that is dishonored but dishonored makes the person who issued the check
likewise the accused has actually been notified in liable. (Lazaro v. CA, et.al., G.R. No. 105461, Nov.
writing of the fact of dishonor. (Evangeline Cabrera 11, 1993)
v. People, G.R. No. 150618, July 24, 1989)
Q: Suppose guarantee checks were issued for lease
Q: If the dishonour of the check was due to a stop of certain equipment but later their equipment
payment order, can the drawer be held liable for was pulled out. Is the drawer liable?
violation of B.P. 22 ?
A: In the case of Magno v. CA, G.R. No. 95542, June
A: If the stop payment is reasonable and with a just 26, 1992, the accused issued a check of warranty
cause, there can be no violation of B.P. 22. If it is deposit for lease of certain equipment. Even
unreasonable, there can be a violation of B.P. 22. knowing that he has no funds or insufficient funds
in the bank, he does not incur any liability under
Q: What is indispensable in proving the guilt of the B.P. 22, if the lessor of the equipment pulled out
accused under B.P. 22? the loaned equipment. The drawer has no
obligation to make good the check because there is
A: It is indispensable that the checks issued be no more deposit or guaranty.
offered in evidence because the gravamen of the
offense is the issuance of the check, not the Q: In case a check is drawn against a dollar
nonpayment of an obligation account, would it still constitute a violation of B.P.
22?
Q: Suppose X draws 10 checks, all of which
bounced for insufficiency of funds, what is Xs A: Yes. A check drawn against a dollar account in a
criminal liability under B.P. 22? foreign country is still violative of the provisions of
B.P. 22 so long as the check is issued, delivered or
A: X would be liable for 10 counts of violation of uttered in the Philippines, even if the same is
B.P.22. B.P. 22 is malum prohibitum. It is a special payable outside of the Philippines. (De Villa v. CA,
law as such; there will be as many as crimes G.R. No. 83959, Apr. 8, 1991)
committed as there are number of checks involved.



Q: What are the distinctions between BP22 and Estafa?

A:
B.P. 22 Estafa
Malum prohibitum Mala in se
Crime against public interest Crime against property
Deceit not required Deceit is an element
Punishes the making or drawing of any check that The act constituting the offense is postdating or
is subsequently dishonoured, whether issued in issuing a check in payment of an obligation when
payment of an obligation or to merely guarantee the offender has no funds in the bank or his funds
an obligation. deposited therein were not sufficient to cover the
Issuance of a check not the non-payment of amount of the check.
obligation is punished.
Violated if check is issued in payment of a pre- Not violated if check is issued in payment of a pre-
existing obligation existing obligation
Damage not required There must be damage
Drawer is given 5 days to make arrangements of Drawer is given 3 days to make arrangements of
payment after receipt of notice of dishonor payment after receipt of notice of dishonor

Q: Does recovery from civil action arising from B.P. imposed depends on the peculiar circumstances of
22 preclude recovery from corresponding civil each case. It is the trial courts decision to impose
any penalty within the confines of the law. (SC-AC
A: Yes. Double recovery is not allowed by the law. No. 13-2001)
Settled is the rule that the single act of issuing a
bouncing check may give rise to two distinct Note: In the case of Eduardo Vaca v. CA, G.R. No.
criminal offenses: estafa and violation of B.P. 22. 131714, Nov. 16, 1998, and Rosa Lim v. People, G.R.
However, the recovery of the single civil liability No. 130038, Sept. 18, 2000, as well as in Administrative
arising from the single act of issuing a bouncing Circular No. 12-2000, the SC modified the sentence
check in either criminal case bars the recovery of imposed for violation of B.P. 22 by deleting the penalty
the same civil liability in the other criminal action. of imprisonment and imposing only the penalty of fine
While the law allows two simulataneous civil in an amount double the amount of the check.
However, by virtue of the passage of Administrative
remedies for the offended party, it authorizes
Circular No. 13-2001, the SC explained that the clear
recovery in only one. In short, while two crimes
tenor of Administrative Circular No. 12-2000 is not to
arise from a single set of facts, only one civil liability remove imprisonment as an alternative penalty but to
attaches to it. (Rodriguez v. Ponferrada, G.R. Nos. lay down a rule of preference in the application of the
155531-34, July 29, 2005) penalties provided for in B.P. 22.

Q: What penalty may be imposed by the judge for Thus, Administrative Circular No. 12-2000 establishes a
violation of B. P. 22? rule of preference in the application of the penal
provisions of B.P. 22 such that where the
A: SC-AC No. 12-2000, as clarified by SC-AC No. 13- circumstances of both the offense and the offender
2001, established a rule on preference in imposing clearly indicates good faith or a clear mistake of fact
the penalties. When the circumstances of the case without taint of negligence, the imposition of fine
clearly indicate good faith or clear mistake of fact alone should be considered as the more appropriate
without taint of negligence, the imposition of fine penalty. Needless to say, the determination of
alone may be considered as the preferred penalty. whether the circumstances warrant the imposition of
The determination of the circumstances that fine alone rests solely upon the judge. Should the
warrant the imposition of fine rests upon trial judge judge decide that imprisonment is the more
appropriate penalty, Administrative Circular No. 12-
only. Should the judge deem that imprisonment is
2000 ought not to be deemed a hindrance.
appropriate, such penalty may be imposed.

Q: What is the prescriptive period for violation of
Q: Is being a first time offender the sole factor for
B.P. 22?
the preferential penalty of fine alone?

A: Four years from the presentation for payment.
A: No. This circumstance is however not the sole

factor in determining whether he deserves the

preferred penalty of fine alone. The penalty to be

CRIMINAL LAW TEAM

Anti-Carnapping Act of 1972 (R.A. 6539)

Q: What is remodeling?
Q: What is carnapping?
A: "Remodeling" is the introduction of some
A: Carnapping is the taking, with intent to gain, of a changes in the shape or form of the body of the
motor vehicle belonging to another without the motor vehicle.
latters consent, or by means of violence against or
intimidation of person, or by using force upon Q: What is dismantling?
things.
A: "Dismantling" is the tearing apart, piece by piece
Note: The overt act which is being punished under this or part by part, of a motor vehicle.
law as carnapping is also the taking of a motor vehicle
under circumstances of theft or robbery. Q: What is overhauling?

Q: What is a motor vehicle? A: Overhauling" is the cleaning or repairing of the
whole engine of a motor vehicle by separating the
A: Motor vehicle" is any vehicle propelled by any motor engine and its parts from the body of the
power other than muscular power using the public motor vehicle.
highways, but excepting road rollers, trolley cars,
street-sweepers, sprinklers, lawn mowers, Q: How is carnapping committed?
bulldozers, graders, fork-lifts, amphibian trucks, and
cranes if not used on public highways, vehicles, A: It can be committed in two ways:
which run only on rails or tracks, and tractors,
trailers and traction engines of all kinds used 1. When the subject matter is a motor
exclusively for agricultural purposes. Trailers having vehicle and the motor vehicle is
any number of wheels, when propelled or intended unlawfully taken through violence, threat
to be propelled by attachment to a motor vehicle, or intimidation;
shall be classified as separate motor vehicle with no
power rating. Illustration:

Q: What is the meaning of defacing or tampering Pedro is about to leave from UST. Upon
with a serial number? boarding his car, he was poked by X with
a gun. X subsequently, took Pedros car.
A: "Defacing or tampering with" a serial number is
the erasing, scratching, altering or changing of the 2. In any other unlawful means.
original factory-inscribed serial number on the
motor vehicle engine, engine block or chassis of any Illustration:
motor vehicle. Whenever any motor vehicle is
found to have a serial number on its motor engine, Pedro, a law student parked his car
engine block or chassis which is different from that somewhere. While attending his Criminal
which is listed in the records of the Bureau of 2 class, Pedros car was taken.
Customs for motor vehicles imported into the
Philippines, that motor vehicle shall be considered Note: In either case, the taking is always unlawful
to have a defaced or tampered with serial number. from the beginning.

Q: What is repainting? Q: Suppose Pedros driver drove away the car of
Pedro, is it carnapping?
A: Repainting is changing the color of a motor
vehicle by means of painting. There is repainting A: No. The taking of the vehicle is not unlawful from
whenever the new color of a motor vehicle is the beginning because the driver was authorized to
different from its color as registered in the Land use the vehicle. The crime is qualified theft of a
Transportation Commission. motor vehicle under Article 310 of the RPC.

Q: What is body building? Note: Qualified theft of a motor vehicle is the crime if
only the material or physical possession was yielded to
A: "Body-building" is a job undertaken on a motor the offender; otherwise, if juridical possession was also
vehicle in order to replace its entire body with a yielded, the crime is estafa.
new body.
Q: What are the elements of carnapping?


motor vehicle or parts thereof in knock down

A: condition shall register with the Land
1. That there is an actual taking of the vehicle; Transportation Commission the following:
2. That the vehicle belongs to a person other 1. Motor vehicle engine
than the offender himself; 2. Engine block
3. That the taking is without the consent of the 3. Chassis
owner thereof; or that the taking was
committed by means of violence against or 2. Registration of sale, transfer, conveyance,
intimidation of persons, or by using force upon substitution or replacement of a motor vehicle
things; and engine, engine block or chassis.
4. That the offender intends to gain from the
taking of the vehicle. (People v Gawan, G.R. Q: Who shall register?
No. 187044, September 14, 2011)
A: The owner in his name or in the name of the real
Q: What is unlawful taking? owner who shall be readily available to answer any
claim over the registered motor vehicle engine,
A: In People v. Bustinera, this Court defined engine block or chassis.
unlawful taking, or apoderamiento, as the taking of
the motor vehicle without the consent of the Q: What is the effect if the motor vehicle engines,
owner, or by means of violence against or engine blocks and chassis are not registered?
intimidation of persons, or by using force upon
things; it is deemed complete from the moment the A: It shall be considered as:
offender gains possession of the thing, even if he 1. Untaxed importation
has no opportunity to dispose of the same. (People 2. Coming from an illegal source
v Gawan, G.R. No. 187044, September 14, 2011) 3. Carnapped

Q: When is there presumption of unlawfully taking Note: It shall be confiscated in favor of the
Government.
the motor vehicle?

Q: What is the duty of collector of customs?
A: In Litton Mills, Inc. v. Sales, we said that for such

presumption to arise, it must be proven that: (a)
A: The Collector of Customs of a principal port of
the property was stolen; (b) it was committed
entry where an imported motor vehicle, motor
recently; (c) that the stolen property was found in
vehicle engine, engine block chassis or body is
the possession of the accused; and (d) the accused
unloaded, shall, within 7 days after the arrival of
is unable to explain his possession satisfactorily.
the imported motor vehicle or any of its parts
(People v Gawan, ibid.)
enumerated herein, make a report of the shipment

to the Land Transportation Commission, specifying
Q: What is intent to gain?
the make, type and serial numbers, if any, of the

motor vehicle engine, engine block and chassis or
A: In Bustinera, we elucidated that intent to gain
body, and stating the names and addresses of the
or animus lucrandi is an internal act, presumed
owner or consignee thereof.
from the unlawful taking of the motor

vehicle. Actual gain is irrelevant as the important
Note: If the motor vehicle engine, engine block, chassis
consideration is the intent to gain. The term gain
or body does not bear any serial number, the Collector
is not merely limited to pecuniary benefit but also
of Customs concerned shall hold the motor vehicle
includes the benefit which in any other sense may engine, engine block, chassis or body until it is
be derived or expected from the act which is numbered by the Land Transportation Commission.
performed. Thus, the mere use of the thing which
was taken without the owners consent constitutes Q: What is the duty of importers, distributors and
gain. (People v Gawan, ibid.) sellers?

Q: In what instances is registration required? A: Any person engaged in the importation,
distribution, and buying and selling of motor
A: vehicles, motor vehicle engines, engine blocks,
1. Registration of motor vehicle engine, engine chassis or body, shall:
block and chassis 1. Keep a permanent record of his stocks,
stating therein:
Note: Within one year after the approval of this
Act, every owner or possessor of unregistered
CRIMINAL LAW TEAM

a.
Their type, make and serial numbers, Anti-Arson Law (P.D.1613)
and the names and
b. Addresses of the persons from Note: The laws on arson in force today are P.D. 1613
whom they were acquired and and Article 320 as amended of the Revised Penal Code.
c. The names and addresses of the Consequently, simple arson is governed by P.D. 1613
persons to whom they were sold, while destructive arson is governed by the Revised
and Penal Code.
2. Render an accurate monthly report of his
transactions in motor vehicles to the Land Q: Who are liable under P.D. 1613
Transportation Commission
A: Any person who:
Q: When is clearance and permit required? 1. Burns or sets fire to the property of
another
A: 2. Any person who person sets fire to his
1. For assembly or rebuilding of motor vehicles. - own property under circumstances which
Any person who shall undertake to assemble expose to danger the life or property of
or rebuild or cause the assembly or rebuilding another.(Sec.1)
of a motor vehicle shall first secure a
certificate of clearance from the Philippine Q: What are the cases of Simple arson?
Constabulary
A: When the property burned is:
Note: No such permit shall be issued unless the 1. Any building used as offices of the
applicant shall present a statement under oath government or any of its agencies
containing the type, make and serial numbers of 2. Any inhabited house or dwelling
the engine, chassis and body, if any, and the 3. Any industrial establishment, shipyard, oil
complete list of the spare parts of the motor well or mine shaft, platform or tunnel
vehicle to be assembled or rebuilt together with 4. Any plantation, farm, pastureland,
the names and addresses of the sources thereof. growing crop, grain field, orchard,

bamboo grove or forest
In the case of motor vehicle engines to be
5. Any rice mill, sugar mill, cane mill or mill
mounted on motor boats, motor bancas and
central
other light water vessels, the applicant shall
secure a permit from the Philippine Coast Guard, 6. Any railway or bus station, airport, wharf
which office shall in turn furnish the Land or warehouse.(Sec.3)
Transportation Commission the pertinent data
concerning the motor vehicle engines including Q: What are the aggravating circumstance under
their type, make and serial numbers. P.D. 1613?

2. Clearance required for shipment of motor A:
vehicles, motor vehicle engines, engine blocks, 1. If committed with intent to gain
chassis or body- Any person who owns or 2. If committed for the benefit of another
operates inter-island shipping or any water 3. If the offender is motivated by spite or hatred
transportation with launches, boats, vessels or towards the owner or occupant of the
ships shall within 7 days submit a report to the property burned
Philippine Constabulary on all motor vehicle, 4. If committed by a syndicate
motor vehicle engines, engine blocks, chassis
or bodies transported by it for the motor Note: If the foregoing circumstance(s) are present, the
vehicle, motor vehicle engine, engine block, penalty shall be imposed to its maximum period.
chassis or body to be loaded on board the (Sec.4)
launch, boat vessel or ship.
Q: Nestor had an argument with his live-in
Q: What are the punishable acts? partner, Honey concerning their son. During their
heated discussion, Nestor intimated to Honey his
A: desire to have sex with her but the same was
1. Defacing or tampering with serial thwarted. Frustrated and incensed, Nestor set fire
numbers of motor vehicle engines, engine on both the plastic partition of the room and
blocks and chassis. Honeys clothes in the cabinet. After realizing what
2. Carnapping he did, Nestor attempted to put out the flames but
it was too late. This resulted to the burning of
their home and the other neighboring houses.


Nestor was forthwith convicted of destructive

arson. Was Nestors conviction for the crime of
destructive arson proper?

A: No, the crime committed by Nestor is simple
arson penalized under Sec.3 par.2 of P.D. 1613 as
the properties burned by him are specifically
described as houses, contemplating inhabited
houses or dwellings under the aforesaid law. Simple
Arson contemplates crimes with less significant
social, economic, political and national security
implications than Destructive Arson. Destructive
arson under Article 320 of the RPC, on the other
hand, contemplates the burning of buildings and
edifices. (People v. Soriano, G.R. No. 142565, July
29, 2003)

Q: What are the circumstances which shall
constitute as prima facie evidence of arson?

A:
1. If the fire started simultaneously in more than
one part of the building or establishment
2. If substantial amount of flammable substances
or materials are stored within the building not
of the offender nor for household use
3. If gasoline, kerosene, or other flammable or
combustible substances or materials soaked
therewith or containers thereof, or any
mechanical, electrical, chemical or electronic
contrivance designed to start a fire or ashes or
traces of any of the foregoing are found in the
ruins or premises of the burned building or
property
4. If the building or property is insured for
substantially more than its actual value at the
time of the issuance of the policy
5. If during the lifetime of the corresponding fire
insurance policy, more than two fires have
occurred in the same or other premises owned
or under the control of the offender and/or
insured
6. If shortly before the fire, a substantial portion
of the effects insured and stored in a building
or property had been withdrawn from the
premises except in the ordinary course of
business
7. If a demand for money or other valuable
consideration was made before the fire in
exchange for the desistance of the offender or
for the safety of the person or property of the
victim

CRIMINAL LAW TEAM

BOOK 2: CRIMES AGAINST CHASTITY
CRIMES AGAINST CHASTITY Q: How is adultery distinguished from

prostitution?
Q: What are private crimes?
A:
A: The crimes of adultery, concubinage, seduction,
abduction and acts of lasciviousness are the so- Adultery Prostitution
called private crimes. They cannot be prosecuted It is a crime against
It is a private offense.
except upon the complaint initiated by the public morals.
offended party. Committed by a woman
Committed by a
whether married or not,
married woman who
Note: The law regards the privacy of the offended who for money or profit,
shall have intercourse
party here as more important than the disturbance to habitually indulges in
with a man not her
the order of society. The law gives the offended party sexual intercourse or
husband.
the preference whether to sue or not to sue. lascivious conduct.

But the moment the offended party has initiated the
Concubinage
criminal complaint, the public prosecutor will take over
Art. 334
and continue with prosecution of the offender. This is
so because when the prosecution starts, the crime
already becomes public and it is beyond the offended Q: What are the punishable acts?
party to pardon the offender.
A:
ADULTERY AND CONCUBINAGE 1. Keeping a mistress in the conjugal dwelling.
2. Having sexual intercourse, under scandalous
Adultery circumstances, with a woman who is not his
Art. 333 wife.
3. Cohabiting with her in any other place.

Q: What are the elements of adultery?
Note: Unlike in adultery where a single sexual

intercourse may constitute such a crime, in
A: concubinage, a married man is liable only when he had
1. Woman is married sexual intercourse under scandalous circumstances.
2. She has sexual intercourse with a man not her
husband Q: What are the elements of concubinage?
3. As regards the man with whom she has sexual
intercourse, he must know her to be married A:
1. Man must be married.
Note: A single intercourse consummates the crime of 2. He committed any of the following acts:
adultery. Each sexual intercourse constitutes a crime
a. Keeping a mistress in the conjugal
of adultery, even if it involves the same man.
dwelling; or

Q: Is acquittal of one of the defendants operates
Illustration:
as a cause of acquittal of the other?

If the charges consist in keeping a
A: No, because of the following reasons:
mistress in the conjugal dwelling, there is
1. There may not be a joint criminal intent,
no need of proof of sexual intercourse.
although there is joint physical act.
The conjugal dwelling is the house of the
2. One of the parties may be insane and the
spouses even if the wife happens to be
other sane, in which case, only the sane
temporarily absent therefrom. The
could be held liable criminally.
woman however must be brought to the
3. The man may not know that the woman is
conjugal house by the accused as
married, in which case, the man is
concubine to fall under this article. Thus,
innocent.
if the co-accused was voluntarily taken
4. Death of the woman during the pendency
and sheltered by the spouses in their
of the action cannot defeat the trial and
house, and treated as an adopted child
conviction of the man.
being a relative of the complaining wife,
5. Even if the man had left the country and
her illicit relations with the accused
could not be apprehended, the woman
husband does not make her a mistress.
can be tried and convicted.



b. Having sexual intercourse, under 2. Act of lasciviousness is committed against a

scandalous circumstances, with a woman person of either sex.
who is not his wife; or 3. It is done under any of the following
c. Cohabiting with her in any other place. circumstances:
a. By using force or intimidation;
Illustration: b. When the offended party is deprived of
reason or otherwise unconscious;
If the charge is cohabiting with a woman c. By means of fraudulent machination or
not his wife in any other place, proof of grave abuse of authority;
actual sexual intercourse may not be d. When the offended party is under 12
necessary too. But the term cohabit years of age or is demented.
means intercourse together as husband
or wife or living together as husband and Note: Under Art. 336, acts of lasciviousness is
wife. The cohabitation must be for some committed when the act performed with lewd design
period of time which may be a week, a was perpetrated under circumstances which would
year or longer as distinguished from have brought about the crime of rape if sexual
occasional or transient meetings for intercourse was effected.
unlawful sexual intercourse.
Illustration:
3. As regards the woman, she must know him to
be married. When the accused not only kissed and
embraced the complainant but also fondled
Q: Who must be included in the complaint? her breast with particular design to
independently derive vicarious pleasure
A: The complaint must include both parties if they therefrom, the element of lewd design exists.
are both alive. In case of pardon or when the
offended spouse consented, the same shall bar the If lewd design cannot be proven as where the
prosecution of the offenses, provided it be done accused merely kissed and embraced the
before the institution or filing of criminal complaint. complainant either out of passion or other
motive, touching her breast as a mere
Q: May a husband be liable for concubinage and incident, the act would be categorized as
adultery at the same time for the same act of illicit unjust vexation. (People v. Climaco, 46 O.G.
intercourse with the wife of another man? 3186)

A: Yes, when the husband commits concubinage Q: Who may be the offended party?
with a married woman and provided that the two
offended parties, i.e., his wife and the husband of A: The offended party may be a man or a woman:
his mistress file separate cases against him. 1. Under 12 years of age; or
2. Being over 12 years of age, the lascivious
ACTS OF LASCIVIOUSNESS acts were committed on him or her
through violence or intimidation, or while
Q: What are the two kinds of acts of the offender party was deprived of
lasciviousness? reason, or otherwise unconscious.

A: Acts of lasciviousness: Q: What is required in order to sustain conviction
1. Under Article 336 (Acts of lasciviousness) for acts of lasciviousness?
2. Under Article 339 (Acts of lasciviousness
with the consent of the offended party) A: It is essential that the acts complained of be
prompted by lust or lewd designs and that the
victim did not consent or encourage such acts.
Acts of Lasciviousness

Art. 336
Q: Is intent to rape an element of the crime?

A: Intent to rape is not a necessary element of the

crime of acts of lasciviousness; otherwise, there
A:
would be no crime of attempted rape.
1. Offender commits any act of lasciviousness or

lewdness.
Note: There can be no frustration of acts of
lasciviousness, or rape or adultery. From the moment
CRIMINAL LAW TEAM

the offender performs all elements necessary for the domestic, guardian, teacher, or any person
existence of the felony, he actually attains his purpose who , in any capacity shall be entrusted with
and, from that moment, all the essential elements of the education or custody of the woman
the offense have been accomplished. seduced;

Q: Where the accused embraced the complainant Elements:
touching the girls breast as a mere incident of the a. Offended party is a virgin which is
embrace, what crime is committed? presumed if she is unmarried and of
good reputation
A: It is unjust vexation. But when the accused not b. She is over 12 and under 18 years of
only embraced the complainant but fondled her age
breast with the particular design to independently c. Offender has sexual intercourse
derive vicarious pleasure, the element of lewd with her
design exists. d. There is abuse of authority,
confidence or relationship on the
Q: What are the distinctions between acts of part of the offender
lasciviousness and attempted rape?
2. Seduction of a sister by her brother, or
A: descendant by her ascendant, regardless of
Acts of her age or reputation.
Attempted Rape
Lasciviousness
Purpose is only to Note: In this case, it is not necessary that the
Purpose is to lie with the
commit acts of offended party is still a virgin.
offended woman.
lewdness.
Lascivious acts are Q: What is the distinction between qualified
Lascivious acts are but the
themselves the final seduction and qualified rape?
preparatory acts to the
objective sought by
commission of rape.
the offender. A:
Qualified Seduction Qualified Rape
Illustration:
The descendant on The descendant on
Thus, when the accused lifted the dress of the whom sexual whom sexual
offended party, and placed himself on top of
intercourse was intercourse was
her but the woman awoke and screamed for
committed by the committed by the
help and despite that, the accused persisted in
his purpose, tearing the drawers, kissing and ascendant is at least 18 ascendant is less than
fondling her breasts, the crime is not only acts years of age 18 years of age
of lasciviousness but that of attempted rape.
Relationship need not
SEDUCTION, CORRUPTION OF MINORS AND be legitimate
WHITE SLAVE TRADE

Q: How is seduction committed? Q: Who are the persons liable for qualified
seduction?
A: Seduction is committed by enticing a woman to
unlawful sexual intercourse by promise of marriage A:
or other means of persuasion without use of force. 1. Those who abused their authority:
a. Person in public authority
Qualified Seduction b. Guardian
Art. 337 c. Teacher
d. Person who, in any capacity, is entrusted
Q: What are the acts that constitute qualified with the education or custody of the
seduction? woman seduced
2. Those who abused confidence reposed in
A: them:
1. Seduction of a virgin over 12 years and under a. Priest
18 years of age by certain persons, such as, a b. House servant
person in authority, priest, house servant, c. Domestic


3. Those who abused their relationship: Q: Distinguish Acts of lasciviousness under Art. 336
a. Brother who seduced his sister from Art. 339.
b. Ascendant who seduced his descendant
A:
Note: Although in qualified seduction, the age of the Article 336 Article 339
offended woman is considered, if the offended party is The acts of
a descendant or a sister of the offender no matter lasciviousness are
how old she is or whether she is a prostitute the The acts are committed committed under the
crime of qualified seduction is committed. under circumstances circumstances which
which had there been had there been carnal
Q: What is the meaning of virginity for purposes of carnal knowledge, knowledge, would
qualified seduction? would amount to rape. amount to either
qualified seduction or
A: Virginity does not mean physical virginity. It simple seduction.
refers to a woman of chaste character or virtuous
The offended party is a The offended party
woman of good reputation.
female or a male could only be female

If the offended party is a
Note: Virginity is not to be understood in so a material If the offended party
woman, she need not
sense as to exclude the idea of abduction of a virtuous must be a virgin
woman of a good reputation. Thus, when the accused
be a virgin
claims he had prior sexual intercourse with the
complainant, the latter is still to be considered a virgin. Corruption of Minors
But if it was established that the girl had carnal Art. 340, as amended by B.P. 92
relations with other men, there can be no crime of
seduction as she is not a virgin. Q: Who are the persons liable under this article?

Simple Seduction A: Any person who shall promote or facilitate the
Art. 338 prostitution or corruption of persons underage to
satisfy the lust of another.
Q: What are the elements of simple seduction?
Note: Under the present wordings of the law, a single
A: act of promoting or facilitating the corruption or
1. Offended party is over 12 and under 18 years prostitution of minor is sufficient to constitute
of age. violation of this article.
2. She must be of good reputation, single or
widow. Illustration:
3. Offender has sexual intercourse with her.
4. It is committed by means of deceit. This is usually the act of a pimp who offers to
pleasure seekers, women for the satisfaction
Note: Virginity of the offended party is not required. of their lustful desires. A mere proposal would
consummate the crime. But it must be to
Acts of Lasciviousness with the Consent of the satisfy the lust of another, not the
Offended Party proponents. The victim must be below 18.
Art. 339
Q: Is it necessary that unchaste acts are done?

A: No. Mere proposal consummates the offense.

A:
Note: Victim must be of good reputation, not a
1. Offender commits acts of lasciviousness or prostitute or corrupted person.
lewdness.

2. Acts are committed upon a woman who is
White Slave Trade
virgin or single or widow of good reputation,
Art. 341
under 18 years of age but over 12 years, or a
sister or descendant regardless of her
reputation or age. Q: What are the punishable acts?
3. Offender accomplishes the acts by abuse of
authority, confidence, relationship, or deceit. A:
1. Engaging in the business of prostitution
2. Profiting by prostitution
CRIMINAL LAW TEAM

3. Enlisting the service of women for the purpose committed against the will of the complainant
of prostitution would be treated as independent separate
crimes of Rape. (People v. Bacalso, G.R. No.
Q: What are the distinctions between corruption 94531-32, June 22, 1992)
of minors and white slave trade?
Q: What is the nature of the crime of forcible
A: abduction?
Corruption of minors White slave trade
It is essential that Minority not need not be A: The act of the offender is violative of the
victims are minors established individual liberty of the abducted, her honor and
Victims are of either reputation and of public order
Victims are females
sex
May not necessarily be Q: Is sexual intercourse necessary?
Generally for profit
for profit
Committed by a single Generally, committed A: Sexual intercourse is not necessary in forcible
act habitually abduction, the intent to seduce a girl is sufficient.

ABDUCTION Note: Rape may absorb forcible abduction if the main
objective was to rape the victim
Q: What is abduction?
Q: What are the crimes against chastity where age
A: Abduction is the taking away of a woman from and reputation of the victim are immaterial?
her house or the place where she may be for the
purpose of carrying her to another place with intent A:
to marry or to corrupt her. 1. Rape
2. Acts of lasciviousness against the will or
Q: What are the kinds of abduction? without the consent of the offended party
3. Qualified seduction of a sister or descendant
A: 4. Forcible abduction
1. Forcible abduction (Art. 342)
2. Consented abduction (Art 343) Consented Abduction
Art. 343
Forcible Abduction
Art. 342 Q: What are the elements of consented
abduction?
Q: What are elements of forcible abduction?
A:
A: 1. Offended party must be a virgin.
1. Person abducted is any woman, regardless of 2. She must be over 12 and under 18 years of
her age, civil status, or reputation age.
2. Abduction is against her will 3. Taking away of the offended party must be
3. Abduction is with lewd designs with her consent, after solicitation or cajolery
from the offender.
Note: Where lewd design was not proved or shown, 4. Taking away of the offended party must be
and the victim was deprived of her liberty, the crime is with lewd designs.
kidnapping with serious illegal detention under Art.
267. Note: In consented abduction, it is not necessary that
the young victim (a virgin over twelve and under 18)
Illustration: be personally taken from her parents home by the
accused; it is sufficient that he was instrumental in
leaving the house. He must however use solicitation,
If the accused carried or took away the victim
cajolery or deceit, or honeyed promises of marriage to
by means of force and with lewd design and
induce the girl to escape from her home.
thereafter raped her, the crime is forcible

abduction with rape, the former being a

necessary means to commit the latter. The
subsequent 2 other sexual intercourses


PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE ELEVEN

Prosecution of the Crimes of Adultery, Concubinage, Seduction, Abduction, Rape, and Acts of Lasciviousness
Art. 344

Q: Distinguish adultery and concubinage vis--vis seduction, abduction, and acts of lasciviousness.

A:
Adultery and concubinage Seduction, abduction, or acts of lasciviousness
Prosecution
Must be prosecuted upon complaint signed by:
1. Offended party
2. Her parents
Must be prosecuted upon 3. Grandparents, or
complaint filed by the offended 4. Guardians in the order named above.
spouse
GR: Offended party, even if a minor, has the right to institute the prosecution
Both the guilty parties, if both for the above mentioned offenses, independently of her parents,
alive must be included in the grandparents or guardian.
complaint for adultery or
concubinage. XPN: If she is incompetent or incapable of doing so upon grounds other than
her minority.

If the offended woman is of age, she should be the one to file the complaint.
Pardon
An express pardon by the offended party or other persons named in the law
to the offender, as the case may be, bars prosecution.

Must be made by the offended
GR: Parent cannot validly grant pardon to the offender without the express
party to both the offenders.
pardon of the girl.

May be a bar to prosecution if
XPN: When she is dead or otherwise incapacitated to grant it, her
made before the institution of
parents, grandparents or guardian may do so for her.
the criminal action.

GR: Pardon by the offended party who is a minor must have the concurrence
May be express or implied.
of parents.

XPN: When the offended girl has no parents who could concur in the
pardon.

Note: Rape is now a crime against persons which may be prosecuted de oficio (by any person)

Q: Who may file the complaint where offended A: Marriage of the offender with the offended party
minor fails to file the same? in seduction, abduction, acts of lasciviousness and
rape, extinguishes criminal action or remits the
A: penalty already imposed.
1. Parents
2. Grandparents Note: The extinguishment of criminal action by reason
3. Guardian of marriage of the offended party with the offended in
the crimes of seduction, abduction, and acts of
Note: The right to file the action granted to the lasciviousness shall extend to co-principals,
parents, grandparents or guardian is exclusive and accomplices and accessories. However, in the case of
successive in the order provided. rape, it is only the liability of the principal which will be
extinguished
Q: What is the legal effect of the marriage of the
offender and the offended party?

CRIMINAL LAW TEAM

Q: If the rape was committed by the husband, how 2. Guardians

can the criminal action against him be 3. Curators
extinguished? 4. Teachers
5. Any other person who cooperates as
A: GR: The subsequent forgiveness of the wife accomplice with abuse of authority or
confidential relationship
XPN: The crime shall not be extinguished if the
marriage is void ab initio Anti-Photo and Video Voyeurism Act of 2009 (R.A.
9995)
Civil Liability of Persons Guilty of Crimes against
Chastity Q: What are the prohibited acts under R.A. 9995
Art. 345
A:
Q: What is the civil liability of persons guilty of 1. To take photo or video coverage of a person or
rape, seduction or abduction? group of persons performing sexual act or any
similar activity or to capture an image of the
A: private area of a person/s such as the naked or
1. To indemnify the offended woman undergarment clad genitals, public area,
2. To acknowledge the offspring, unless the law buttocks or female breast without the consent
should prevent him from doing so of the person/s involved and under
3. In every case to support the offspring circumstances in which the person/s has/have
a reasonable expectation of privacy
Q: What is the civil liability of the adulterer and 2. To copy or reproduce, or to cause to be copied
the concubine? or reproduced, such photo or video or
recording of sexual act or any similar activity
A: To indemnify for damages caused to the with or without consideration
offended spouse. 3. To sell or distribute, or cause to be sold or
distributed, such photo or video or recording
Note: No civil liability is incurred for acts of of sexual act, whether it be the original copy or
lasciviousness. reproduction thereof; or
4. To publish or broadcast, or cause to be
Liability of Ascendants, Guardians, Teachers or published or broadcast, whether in print or
other Persons entrusted with the custody of the broadcast media, or show or exhibit the photo
offended party or video coverage or recordings of such sexual
Art. 346 act or any similar activity through VCD/DVD,
internet, cellular phones and other similar
Q: What are the crimes covered by this Article? means or device.

A: Note: The prohibition under paragraphs (2), (3) and (4)
1. Rape shall apply notwithstanding that consent to record or
2. Acts of lasciviousness take photo or video coverage of the same was given by
3. Qualified seduction such person/s. Any person who violates this provision
shall be liable for photo or video voyeurism as defined
4. Simple seduction
herein.
5. Acts of lasciviousness with the consent of the

offended party
6. Corruption of minors Anti-Sexual Harassment Act of 1995 (R.A. 7877)
7. White slave trade
8. Forcible abduction Q. What are the punishable acts under RA 7887?
9. Consented Abduction
A.
Q: What is the liability of ascendants, guardians, 1. In a work-related or employment
teachers or other persons entrusted with the environment, sexual harassment is committed
custody of the offended party? when:
a. The sexual favor is made as a condition in
A: Persons who cooperate as accomplices in the the hiring or in the employment, re-
perpetration of the crimes covered are punished as employment or continued employment of
principals. They are: said individual, or in granting said
1. Ascendants individual favorable compensation, terms,


conditions, promotions, or privileges; or

the refusal to grant the sexual favor
results in limiting, segregating or
classifying the employee which in a way
would discriminate, deprive or diminish
employment opportunities or otherwise
adversely affect said employee
b. The above acts would impair the
employees rights or privileges under
existing labor laws; or
c. The above acts would result in an
intimidating, hostile, or offensive
environment for the employee.

2. In an education or training environment,
sexual harassment is committed:
a. Against one who is under the care,
custody or supervision of the offender
b. Against one whose education, training,
apprenticeship or tutorship is entrusted
to the offender
c. When the sexual favor is made a
condition to the giving of a passing grade,
or the granting of honors and
scholarships, or the payment of a stipend,
allowance or other benefits, privileges, or
considerations; or
d. When the sexual advances result in an
intimidating, hostile or offensive
environment for the student, trainee or
apprentice.

Note: Any person who directs or induces another to
commit any act of sexual harassment as herein
defined, or who cooperates in the commission thereof
by another without which it would not have been
committed, shall also be held liable under this Act.
(Sec. 3)

Q: How does sexual harassment differ from acts of
lasciviousness?

A: Mere words can constitute sexual harassment
unlike in acts of lasciviousness, where there must
be overt acts.

Q: Will administrative sanctions bar prosecution of
the offense?

A: No, it shall not be a bar to prosecution in proper
courts for unlawful acts of sexual harassment.

CRIMINAL LAW TEAM

BOOK 2: CRIMES AGAINST CIVIL STATUS OF PERSONS
CRIMES AGAINST THE CIVIL STATUS OF PERSONS Usurpation of Civil Status

Art. 348
Simulation of Births, Substitution of One Child for
Another and Concealment or Abandonment of a Q: How is this crime committed?
Legitimate Child
Art. 347 A: It is committed when a person represents
himself to be another and assumes the filiation or
Q: What are the punishable acts? the parental or conjugal rights of such another
person.
A:
1. Simulation of births Note: There must be intent to enjoy the rights arising
from the civil status of another.
2. Substitution of one child for another
3. Concealing or abandoning any legitimate child
with intent to cause such child to lose its civil Q: What does civil status include?
status.
A: Civil status includes ones public station or the
Note: The commission of any of the acts defined in this rights, duties, capacities and incapacities which
Article, must have for its object, the creation of a false determine a person to a given class.
civil status. The purpose is to cause the loss of any
trace as to the filiation of the child. Q: What would qualify this crime?

Q: When does simulation of birth take place? A: If the purpose is to defraud offended parties and
heirs.
A: Simulation of birth takes place when the woman
pretends to be pregnant when in fact she is not, Bigamy
and on the day of the supposed delivery, takes the Art. 349
child of another as her own.
Q: What are the elements of bigamy?
Note: The fact that the child will be benefited by
simulation of birth is not a defense since it creates a A: The elements of the crime of bigamy are:
false status detriment of members of the family to
which the child is introduced. 1. That the offender has been legally married.
2. That the marriage has not been legally
Q: When may substitution take place? dissolved or, in case his or her spouse is
absent, the absent spouse could not yet be
A: It takes place when X is born of A and B; Y is born presumed dead according to the Civil Code.
of C and D; and the offender with intent to cause 3. That he contracts
the loss of any trace of their filiation, exchanges X a second or subsequent marriage.
and Y without the knowledge of their respective 4. That the second or subsequent marriage has
parents. all the essential requisites for validity.

Note: The substitution may be effected by placing a Note: The second husband or wife who knew of the
live child of a woman in place of a dead one of another first marriage is an accomplice. The witness who
woman. (Reyes, 2008) falsely vouched for the capacity of either of the
contracting parties is also an accomplice. (Reyes)
Q: What are the elements of concealing or
abandoning any legitimate child with intent to Q: A was legally married to B on November 26,
cause such child to lose its civil status? 1992. He later filed a petition seeking the
declaration of nullity of their marriage. On 10
A: December 2001, he contracted a second or
1. The child must be legitimate subsequent marriage with C. The court later
2. The offender conceals or abandons such child declared the nullity of the marriage of A and B on
3. The offender has the intent to cause the child June 27, 2006. Did A commit bigamy?
to lose its civil status
A: Yes. At the time of his second marriage with C,
his marriage with B was legally subsisting. It is
noted that the finality of the decision declaring the
nullity of his first marriage with B was only on June


27, 2006 or about five (5) years after his second A: If either of the contracting parties obtains the
marriage to C. The second or subsequent marriage consent of the other by means of violence,
of petitioner with C has all the essential requisites intimidation or fraud.
for validity. (Teves v. People, August 2011)
Premature Marriages
Q: Is a judicial declaration of nullity of marriage Art. 351
necessary?
Q: Who are the persons liable?
A: GR: A judicial declaration of nullity of a previous
marriage is necessary before a subsequent one can A:
be legally contracted. One who enters into a 1. Widow who married within 301 days from the
subsequent marriage without first obtaining such date of the death of her husband, or before
judicial declaration is guilty of bigamy. This principle having delivered if she is pregnant at the time
applies even if the earlier union is characterized by of his death.
statutes as "void." (Mercado v. Tan, G.R. No.
137110, Aug. 1, 2000) Note: Period of 301 days may be disregarded if
the first husband was impotent or sterile. Period
XPN: Where no marriage ceremony at all was of 301 days, or 10 months, is only for cases where
performed by a duly authorized solemnizing the woman is not, or does not know yet that she
officer. (Morigo v. People G.R. No. 145226, is pregnant at the time she becomes a widow. If
Feb. 6, 2004) she is pregnant at the time she becomes a widow,
the prohibition is good only up to her delivery.
Illustration:
2. Woman whose marriage having been annulled
The mere private act of signing a marriage or dissolved, married before her delivery or
contract bears no semblance to a valid before the expiration of the period of 301 days
marriage and thus, needs no judicial after the date of the legal separation.
declaration of nullity. Such act alone, without
more, cannot be deemed to constitute an Q: What is the purpose of the article?
ostensibly valid marriage for which petitioner
might be held liable for bigamy. (Morigo v. A: To prevent doubtful paternity
People, G.R. No. 145226, Feb. 6, 2004)
Note: The woman will not be liable if she has:
Note: The death of the first spouse during the 1. Already delivered
pendency of the case does not extinguish the crime, 2. Conclusive proof that she was not pregnant
because when the offender married the second by her 1st spouse since he was permanently
spouse, the first marriage was still subsisting. sterile. (People v. Masinsin, CA 49 OG 3908)

Q: When does the prescriptive period commence? Performance of Illegal Marriage Ceremony
Art. 352
A: Does not commence from the commission
thereof but from the time of its discovery by the Q: Who are the persons liable under this article?
complainant spouse.
A: Art. 352 punishes priests or ministers of any
Marriage Contracted against Provisions of Laws religious denomination or sect, or civil authorities
Art. 350 who shall perform or authorize any illegal marriage
ceremony.
Note: Art. 352 presupposes that the priest or minister
A: or civil authority is authorized to solemnize marriages.
1. Offender contracted marriage Otherwise, he is liable for usurpation under Art.177.
2. He knew at the time that the:
a. Requirements of the law were not
complied with; or
b. Marriage was in disregard of a legal
impediment.

Q: What would qualify this crime?
CRIMINAL LAW TEAM

BOOK 2: CRIMES AGAINST HONOR
CRIMES AGAINST HONOR A: No. In order to maintain a libel suit, it is essential

that the victim be identifiable, although it is not
LIBEL necessary that the person be named. It is enough if
by intrinsic reference the allusion is apparent or if
the publication contains matters of description or
Definition of Libel
reference to facts and circumstances from which
Art. 353
others reading the article may know the person

alluded to, or if the latter is pointed out by
Q: What is libel?
extraneous circumstances so that those knowing

such person could and did understand that he was
A: Libel is a public and malicious imputation of a
the person referred to. Kunkle v. Cablenews-
crime, or of a vice or defect, real or imaginary, or
American and Lyons laid the rule that this
any act, omission, condition, status, or
requirement is complied with where a third person
circumstance tending to cause the dishonor,
recognized or could identify the party vilified in the
discredit, or contempt of a natural or juridical
article. (Diaz v. People, G.R. No. 159787, May 25,
person, or to blacken the memory of one who is
2007)
dead.

Q: What is the test to determine whether a
Q: How is libel committed?
statement is defamatory?

A: Libel is a defamation committed by means of
A: To determine whether a statement is
writing, printing, lithography, engraving, radio,
defamatory, the words used are to be construed in
phonograph, painting or theatrical or
their entirety and should be taken in their plain,
cinematographic exhibition, or any similar means.
natural and ordinary meaning as they would

naturally be understood by persons reading them,
Q: Who are liable for libel?
unless it appears that they were used and

understood in another sense. Moreover, [a]
A:
charge is sufficient if the words are calculated to
1. Any person who shall publish, exhibit or cause
induce the hearers to suppose and understand that
the publication or exhibition of any defamation
the person or persons against whom they were
in writing or by similar means.
uttered were guilty of certain offenses or are
2. The author or editor of a book or pamphlet, or
sufficient to impeach the honesty, virtue or
the editor or business manager of a daily
reputation or to hold the person or persons up to
newspaper, magazine or serial publication, for
public ridicule. (Lopez y Aberasturi v. People and
defamation contained therein to the same
Escalante, February 2011)
extent as if he were the author thereof.

Q: Rima and Alegre exposed various alleged
Q: What are the elements of defamation?
complaints from students, teachers and parents

against Ago Medical and Educational Center-Bicol
A:
Christian College of Medicine (AMEC) and its
1. There must be an imputation of a crime, or of
administrators. Rima and Allegre remarked that
a vice or defect, real or imaginary, or any act,
AMEC is a dumping ground, garbage of xxx moral
omission, condition, status or circumstance.
and physical misfits; and AMEC students who
2. Imputation must be made publicly.
graduate will be liabilities rather than assets of
3. It must be malicious.
the society. Claiming that the broadcasts were
4. It must be directed at a natural or juridical
defamatory, AMEC filed a complaint for damages
person, or one who is dead (identification of
against FBNI, Rima and Alegre. Are the
the offended party is required).
aforementioned remarks or broadcasts libelous?
5. It must tend to cause the dishonor, discredit or

contempt of the person defamed.
A: There is no question that the broadcasts were

made public and imputed to AMEC defects or
Note: Identity of the person defamed is important. He
circumstances tending to cause it dishonor,
need not be named, it is sufficient that a third person
can identify him as the object of defamation.
discredit and contempt. Rima and Alegres remarks
are libelous per se. Taken as a whole; the
Q: In libel cases, is it necessary that the person be broadcasts suggest that AMEC is a money-making
named? institution where physically and morally unfit
teachers abound. Every defamatory imputation is
presumed malicious. Rima and Alegre failed to


show adequately their good intention and publication of it. The reason for this is that a
justifiable motive in airing the supposed gripes of communication of the defamatory matter to the
the students. As hosts of a documentary or public person defamed cannot injure his reputation
affairs program, Rima and Alegre should have though it may wound his self-esteem. A mans
presented the public issues free from inaccurate reputation is not the good opinion he has of
and misleading information. (Filipinas Broadcasting himself, but the estimation in which others hold
Network, Inc. v. Ago Medical and Educational him. Inasmuch, therefore, as Cerelito voluntarily
Center-Bicol Christian College of Medicine, G.R. No. disclosed the contents of Dolores libelous letter to
14199, Jan. 17, 2005) Evelyn, the act of publication cannot be ascribed to
Dolores insofar as Evelyn is concerned.
Requirement for publicity
Art. 354 It could not be said, however, that there was no
publication with respect to Fe. While the letter in
Q: Must there be a publication of the libelous question was addressed to Mr. Cerelito & Fe
article? Alejandro, the invectives contained therein were
directed against Cerelito only. Writing to a person
A: No. Communication of the defamatory matter to other than the person defamed is sufficient to
rd
some 3 persons is sufficient. constitute publication, for the person to whom the
letter is addressed is a third person in relation to its
Illustration: writer and the person defamed therein. Fe, the
wife, is contextually a third person to whom the
The delivery of the article to the typesetter is publication was made. (Dolores Magno v. People of
sufficient publication. (U.S. v. Crame, 10 the Philippines, G.R. No. 133896, Jan. 27, 2006)
Phil.135)
Q: What is malice?
The sending to the wife of a letter which
maligns the husband was considered sufficient A: Malice is a term used to indicate the fact that the
publication, for the spouse is a third person to offender is prompted by personal ill-will or spite
the victim defamed. (U.S. v. Urbinana, 1 Phil. and speaks not in response to duty but merely to
471) injure the reputation of the person defamed.

Q: Dolores Magno was charged and convicted of Q: What are the two kinds of malice?
libel for the writings on the wall and for the
unsigned letter addressed to the Alejandro A:
spouses, containing invectives directed against 1. Malice in fact maybe shown by proof of ill-will,
Cerelito Alejandro. Dolores contends that the hatred, or purpose to injure.
prosecution failed to establish the presence of the 2. Malice in law is presumed from a defamatory
elements of authorship and publication of the imputation. However, presumption is rebutted
malicious writings on the wall, as well as the if it is shown by the accused that:
unsigned letter addressed to the Alejandro a. Defamatory imputation is true, in case the
spouses. She argues that since the letter was law allows proof of the truth of the
addressed to the spouses, Fe (Cerelitos wife) was, imputation;
insofar as Cerelito is concerned, not a third person b. It is published with good intention; and
for purposes of publication. Is she liable? c. There is justifiable motive for making it.

A: To be liable for libel under Article 353 of the RPC, Q: When is malice not presumed?
the following elements must be shown to exist:
1. The allegation of a discreditable act or A: Malice is not presumed in the following:
condition concerning another 1. Private communication made by any
2. Publication of the charge person to another in the performance of
3. Identity of the person defamed any legal, moral or social, duty.
4. Existence of malice.
Requisites:
Publication, in the law of libel, means the making of a. Person who made the
the defamatory matter, after it has been written, communication had a legal moral or
known to someone other than the person to whom social duty to make the
it has been written. If the statement is sent straight communication or at least, he had an
to a person for whom it is written there is no interest to be upheld;
CRIMINAL LAW TEAM

b. Communication is addressed to an irrelevant to matters of public interest involving

officer, or a board, or superior, public figures, the same may give rise to criminal
having some interest or duty in the and civil liability. (Fermin v. People, G.R. No.
matter; 157643, March 28, 2008)
c. Statements in the communication
are made in good faith without Q: What is the Doctrine of Fair Comment?
malice (in fact).
A: The doctrine of fair comment means that while
2. Fair and true report, made in good faith, in general every discreditable imputation publicly
without any comments or remarks, of any made is deemed false, because every man is
judicial, legislative, or other official presumed innocent until his guilt is judicially
proceedings which are not of confidential proved, and every false imputation is deemed
nature, or of any statement, report, or malicious, nevertheless, when the discreditable
speech delivered in the exercise of their imputation is directed against a public person in his
functions. public capacity, it is not necessarily actionable. In
order that such discreditable imputation to a public
Requisites: official may be actionable, it must either be a false
a. That it is a fair and true report of a allegation of fact or a comment based on a false
judicial, legislative or other official supposition. If the comment is an expression of
proceedings which are not of opinion, based on established facts, then it is
confidential nature, or of any immaterial that the opinion happens to be
statement, report or speech mistaken, as long as it might reasonably be inferred
delivered in said proceedings, or of from the facts.
any other act performed by public
officers in the exercise of their Q: What is the common defense in libel?
functions
b. That it is made in good faith A: That it is covered by privileged communication.
c. That it is without any comments or
remarks 1. Absolute privileged not actionable even
if the author has acted in bad faith like
Note: The instances when malice is not presumed are the statements made by members of
examples of malice in fact. Congress in the discharge of their official
functions;
Q: Do defamatory remarks and comments on the
conduct or acts of public officers which are related 2. Conditional or qualified like a private
to the discharge of their official duties constitute communication made by any person to
libel? another in the performance of any legal,
moral, or social duty, and a fair and true
A: No, it will not constitute libel if the accused report, made in good faith, without any
proves the truth of the imputation. But any attack comments or remarks, of any judicial,
upon the private character of the public officers on legislative or other official proceedings
matters which are not related to the discharge of which are not of confidential nature.
their official functions may constitute Libel. Here, even if the statements are
defamatory, there is no presumption of
Moreover, a written letter containing libelous malice. The prosecution must prove
matter cannot be classified as privileged when malice in fact to convict the accused.
publicly published and circulated. (Sazon vs. CA,
G.R. No. 120715, Mar. 29, 1996) Q: In a judicial proceeding, when can a defamatory
imputation be said to be a privileged
Q: When can freedom of speech not be invoked? communication?

A: Although a wide latitude is given to critical A: The one obstacle that those pleading the defense
utterances made against public officials in the of privileged communication must hurdle is the test
performance of their official duties, or against of relevancy. Under this test, a matter alleged in the
public figures on matters of public interest, such course of the proceedings need not be in every case
criticism does not automatically fall within the material to the issues presented but should be
ambit of constitutionally protected speech. If the legitimately related to the issues or be so pertinent
utterances are false, malicious or unrelated to a to the controversy that it may become the subject
public officers performance of his duties or

of inquiry in the course of trial. (Alcantara v. Ponce, 3. Lithography

G.R. No. 156183, Feb. 28, 2007) 4. Engraving
5. Radio
Q: Ponce filed a string of criminal complaints 6. Phonograph
against Alcantara and his family, including one for 7. Painting
estafa. In essence, Ponce alleged that Alcantara 8. Theatrical exhibition
had swindled him out of 3,000,000 shares of Floro 9. Cinematographic exhibition
Cement Corporation. It was in the course of the 10. Any similar means
preliminary investigation of the complaint for
estafa that Ponce, shortly after giving his sur- Note: Defamation through amplifiers is not libel, but
rejoinder affidavit, submitted to the investigating oral defamation (People v. Santiago, 5 SCRA 231).
prosecutor a newsletter purporting to be a belated
annex to the affidavit. It was prefaced with the Threatening to Publish and Offer to Prevent Such
quotation For every extraordinary fortune there Publication for a Compensation
is a great crime and the text: An example is Art. 356
Marcos. We need not discuss this. Second example
is the Alcantaras. The newsletter then went on to Q: What are the punishable acts?
discuss SEC Case No. 2507 in which Ponce accused
the Alcantaras of defrauding him of his shares in A:
Iligan Cement Corporation. Claiming that the 1. Threatening another to publish a libel
statements in the newsletter were defamatory, concerning him, or his parents, spouse, child,
Alcantara filed a complaint for libel. Ponce on the or other members of his family.
other hand raised privileged communication as a 2. Offering to prevent the publication of such
defense. Is the defense tenable? libel for compensation, or money
consideration.
A: Yes. It is a settled principle in this jurisdiction
that statements made in the course of judicial Note: Known as blackmail in its metaphorical
proceedings are absolutely privileged. This absolute sense, may be defined as any unlawful extortion of
privilege remains regardless of the defamatory money by threats of accusation or exposure.
tenor and the presence of malice if the same
are relevant, pertinent or material to the cause in Q: In what felonies is blackmail committed?
hand or subject of the inquiry. Furthermore, the
newsletter qualified as a communication A:
made bona fide upon any subject-matter in which 1. Light threats
the party communicating has an interest . . . made 2. Threatening to publish, or offering to prevent
to a person having a corresponding interest or duty, the publication of, a libel for compensation
although it contained incriminatory matter which
without this privilege would be slanderous and Prohibited Publication of Acts Referred to in the
actionable. The controversial statements were Course of Official Proceedings
made in the context of a criminal complaint against Art. 357
Alcantara, albeit for other, separate acts involving
greed and deceit, and were disclosed only to the Q: What are the elements of the crime?
official investigating the complaint. Liberally
applying the privileged communication doctrine, A:
these statements were still relevant to the 1. That the offender is a reporter, editor or
complaint under investigation because, like the manager of a newspaper daily or magazine
averments therein, they also involved Alcantaras 2. That he publishes facts connected with the
alleged rapacity and deceitfulness. (Alcantara v. private life of another
Ponce, ibid.) 3. That such facts are offensive to the honor,
virtue and reputation of said person
Libel by means of writing or similar means
Art. 355 Note: The prohibition applies even though said
publication be made in connection with or under the
Q: In what way may libel be committed? pretext that it is necessary in the narration of any
judicial or administrative proceedings wherein such
A: Libel may be committed by: facts have been mentioned.
1. Writing
2. Printing Q: What is the so called Gag Law?
CRIMINAL LAW TEAM

123). It was held that defamation in political

A: Newspaper reports on cases pertaining to meeting when feelings are running high and people
adultery, divorce, issues about the legitimacy of could not think clearly, only amount to light
children, etc., will necessarily be barred from slander. (1990 Bar Question)
publication. Source of news report may not be
revealed. Slander by deed
Art. 359
Slander
Art. 358 Q: What is slander by deed?

Q: What are the kinds of oral defamation? A: Slander by deed is a crime against honor which is
committed by performing any act which casts
A: dishonor, discredit, or contempt upon another
1. Simple slander person.
2. Grave slander, when it is of a serious and
insulting nature. Q: What are the elements of slander by deed?

Q: What are the distinctions between oral A:
defamation and criminal conversation? 1. Offender performs any act not included in any
other crime against honor
A: 2. Such act is performed in the presence of other
Criminal person or persons
Oral Defamation
Conversation 3. Such act casts dishonor, discredit or contempt
Malicious imputation of any upon the offended party
act, omission, condition or
Used in making a
circumstance against a Q: What are the kinds of slander by deed?
polite reference to
person, done orally in
sexual intercourse
public, tending to cause A:
as in certain crimes,
dishonor, discredit, 1. Simple slander by deed performance of an
like rape, seduction
contempt and act, not use of words.
and adultery.
embarrassment or ridicule 2. Grave slander by deed - which is of a serious
to the latter. crime.
A crime against honor Has no definite
penalized in Art. 358, RPC. concept as a crime. Q: What determines if an act is slander by deed or
not?
Q: What are the factors that determine the gravity
of oral defamation? A: Whether a certain slanderous act constitutes
slander by deed of a serious nature or not, depends
A: on the social standing of the offended party, the
1. Expressions used circumstances under which the act was committed,
2. Personal relations of the accused and the the occasion, etc.
offended party
3. Circumstances surrounding the case Illustration:

Note: Social standing and the position of the offended Thus, slapping a lady in a dance not for
party are also taken into account. purpose of hurting her but to cause her shame
and humiliation for refusing to dance with the
Q: Lando and Marco are candidates in the local accused is slander by deed.
elections. In his speeches Lando attacked his
opponent Marco alleging that he is the son of Persons Responsible
Nanding, a robber and a thief who amassed his Art. 360
wealth through shady deals. May Marco file a case
against Lando for grave oral defamation? State Q: Who are the persons liable for libel?
your reasons.
A:
A: Marco cannot file a case for grave oral 1. Person who publishes, exhibits or causes the
defamation. If at all, he may file a case for light publication or exhibition of any defamation in
slander. In the case of People v. Laroga (40 O.G. writing or similar means.


2. Author or editor of a book or pamphlet. COMELEC Chair. The RTC ruled that it was
3. Editor or business manager of a daily Sandiganbayan and not RTC which has jurisdiction
newspaper magazine or serial publication. over the case. Is the RTC correct?
4. Owner of the printing plant which publishes a
libelous article with his consent and all other A: No. Article 360 of the Revised Penal Code as
persons who in any way participate in or have amended by Republic Act No. 4363, is explicit on
connection with its publication. which court has jurisdiction to try cases of written
defamations: The criminal and civil action for
Q: Where should a complaint for libel be filed? damages in cases of written defamations as
provided for in this chapter, shall be filed
A: Criminal and civil actions for damages in case of simultaneously or separately with the court of first
written defamations shall be filed simultaneously or instance [now, the Regional Trial Court]. . . As we
separately with the court of first instance of the have constantly held in Jalandoni, Bocobo, People v.
province or city: Metropolitan Trial Court of Quezon City, Br. 32, and
1. Where the libelous article is printed and analogous cases, we must, in the same way, declare
first published; or herein that the law, as it still stands at present,
2. Where any of the offended parties dictates that criminal and civil actions for damages
actually resides at the time of the in cases of written defamations shall be filed
commission of the offense. simultaneously or separately with the RTC to the
exclusion of all other courts. The grant to the
Note: The court where the criminal action or civil Sandiganbayan of jurisdiction over offenses
action for damages is first filed shall acquire committed in relation to public office, similar to the
jurisdiction to the exclusion of other courts. expansion of the jurisdiction of the MTCs, did not
divest the RTC of its exclusive and original
Q: Is the author of a libelous article the only one jurisdiction to try written defamation cases
liable for libel? regardless of whether the offense is committed in
relation to office. (People v. Benipayo, G.R. No.
A: No. Article 360 includes not only the author or 154473, April 24, 2009)
the person who causes the libelous matter to be
published, but also the person who prints or Q: A large group of disgruntled plan holders of
publishes it. Proof of knowledge of and Pacific Plans, Inc. was sued for libel for publishing
participation in the publication of the offending in a website defamatory statements against the
article is not required, if the accused has been owners of Pacific Plans, Inc. The libel suit was filed
specifically identified as author, editor, or before the Regional Trial Court of Makati alleging
proprietor or printer/publisher of the that it is in Makati where the website was first
publication. (Fermin v. People, G.R. No. 157643, accessed, and hence, it is in Makati where it was
March 28, 2008) first published. Does the RTC Makati has
jurisdiction over the libel case?
Q: What is the rationale for the criminal liability of
persons enumerated in Art. 360 of the Revised A: No. the venue of libel cases where the
Penal Code? complainant is a private individual is limited to
only either of two places, namely: 1) where the
A: It was enunciated in U.S. v. Ocampo, that complainant actually resides at the time of the
according to the legal doctrines and jurisprudence commission of the offense; or 2) where the alleged
of the United States, the printer of a publication defamatory article was printed and first
containing libelous matter is liable for the same by published. If the circumstances as to where the libel
reason of his direct connection therewith and his was printed and first published are used by the
cognizance of the contents thereof. With regard to offended party as basis for the venue in the criminal
a publication in which a libel is printed, not only is action, the Information must allege with
the publisher but also all other persons who in any particularity where the defamatory article was
way participate in or have any connection with its printed and first published, as evidenced or
publication are liable as publishers. (Fermin v. supported by, for instance, the address of their
People, ibid.) editorial or business offices in the case of
newspapers, magazines or serial publications. This
Q: The COMELEC Chairman was sued for libel due pre-condition becomes necessary in order to
to his defamatory statements against Photokina forestall any inclination to harass. The same
Marketing Corporation. The Chairman raised as a measure cannot be reasonably expected when it
defense the lack of jurisdiction of the RTC since he pertains to defamatory material appearing on a
delivered the speech in his official capacity as
CRIMINAL LAW TEAM

website on the internet as there would be no way INCRIMINATORY MACHINATIONS

of determining the situs of its printing and first
publication. To credit the premise of equating his Incriminating Innocent Person
first access to the defamatory article on the website Art. 363
in Makati with printing and first publication Q: What are the elements of this crime?
would spawn the very ills that the amendment to
Article 360 of the RPC sought to discourage and A:
prevent. (Bonifacio et al v. RTC Makati, G.R. No. 1. Offender performs an act
184800, May 5, 2010) 2. By such act he directly incriminates or imputes
to an innocent person the commission of a
Proof of Truth crime
Art. 361 3. Such act does not constitute perjury

Q: When is proof of truth admissible? Note: The crime of incriminatory machinations is
limited to planting evidence and the like, which tend
A: Proof of truth is admissible in any of the directly to cause false prosecution.
following:
1. When the act or omission imputed Q: What are the distinctions between
constitutes a crime regardless of whether incriminating an innocent person and perjury by
the offended party is a private individual making false accusation?
or a public officer.
2. When the offended party is a government A:
employee, even if the act or omission Incriminating an Innocent Perjury by Making
imputed does not constitute a crime, Person False Accusation
provided, it is related to the discharge of Committed by performing The gravamen of the
his official duties. an act by which the offense is the
offender directly imputation itself,
Note: Proof of truth must rest upon positive, direct incriminates or imputes falsely made, before
evidence upon which a definite finding may be made to an innocent person the an officer.
by the court. But probable cause for belief in the truth commission of a crime.
of the statement is sufficient. Giving of false
Limited to the act of statement under oath
Q: Is proof of truth enough? planting evidence and the or the making of a
like, in order to false affidavit,
A: No. It is also required that the matter charged as incriminate an innocent imputing to a person
libelous was published with good motives and for person. the commission of a
justifiable ends. crime.

Q: What are the possible defenses in the crime of Q: What are the distinctions between
libel? incriminatory machination and defamation?

A: A:
1. It appears that the matters charged as libelous Incriminatory
is true Defamation
Machination
2. It was published with good motives Offender performs acts
3. And for a justifiable end Offender avails himself
to directly impute to an
of written or spoken
innocent person the
Libelous Remarks words in besmirching
commission of the
Art. 362 the victims reputation.
crime.

Note: Libelous remarks or comments on matters Intriguing against honor
privileged, if made with malice in fact, do not exempt Art. 364
the author and editor.

Q: What is intriguing against honor?

A: Any scheme or plot which may consists of some
trickery.



Q: Who is liable? offense in the heat of anger and in reaction to a

perceived provocation.
A: Any person who shall make any intrigue which
has for its principal purpose to blemish the honor or In Brillante v. CA, the Court deleted the penalty of
reputation of another person. imprisonment imposed upon petitioner, a local
politician, but maintained the penalty of fine of
Q: What is the distinction between intriguing P4,0000.00, with subsidiary imprisonment in case of
against honor and slander? insolvency, in each of the (5) cases of libel, on the
ground that the intensely feverish passions evoked
A: during the election period in 1988 must have
Intriguing Against agitated petitioner into writing his open letter; and
Slander
Honor that incomplete privileged communication should
Offender made the be appreciated in favor of petitioner, especially
The source of the utterance, where the source considering the wide latitude traditionally given to
defamatory of the defamatory nature of defamatory utterances against public officials in
utterance is the utterance is known, and connection with or relevant to their performance of
unknown and the offender makes a official duties or against public figures in relation to
offender simply republication thereof, even matters of public interest involving them.
repeats or passes though he repeats the

the same, without libelous statement as In Buatis, Jr. v. People, the Court opted to impose
subscribing to the coming from another, as upon petitioner, a lawyer, the penalty of fine only
truth thereof. long as the source is for the crime of libel considering that it was his first
identified. offense and he was motivated purely by his belief
that he was merely exercising a civic or moral duty
Administrative Circular 08-2008 Re: Guidelines in to his client when wrote the defamatory letter to
the Observance of a Rule of Preference in the private complainant.
Imposition of Penalties in Libel Cases
The foregoing cases indicate an emergent rule of

1. Preference of imposition of fine preference for the imposition of fine only rather
than imprisonment in libel cases under the
Note: Article 355 of the RPC penalizes libel with prision circumstances therein specified.
correctional in its minimum and medium
periods or fine ranging from 200 to 6,000 pesos, or Q: What are the guidelines in the observace of a
both, in addition to the civil action which may be rule of preference in the imposition of penalties in
brought by the offended party. libel cases?

In the following cases, the Court opted to impose A: All courts and judges concerned should
only a fine on the person convicted of the crime of henceforth take note of the foregoing rule of
libel: preference set by the Supreme Court on the matter
of the imposition of penalties for the crime of libel
In Sazon v. CA, the Court modified the penalty bearing in mind the following principles:
imposed upon petitioner, an officer of a
homeowners association, for the crime of libel 1. This Administrative Circular does not
from imprisonment and fine in the amount of remove imprisonment as an alternative
P200.00, to fine only of P3,000.00, with subsidiary penalty for the crime libel under Article
imprisonment in case of insolvency, for the reason 355 of the RPC
that he wrote the libelous article merely to defend
his honor against the malicious messages that 2. The Judges concerned may, in the
earlier circulated around the subdivision, which he exercise of sound discretion, and taking
thought was the handiwork of the private into consideration the peculiar
complainant. circumstances of each case, determine
whether the imposition of a fine alone
In Mari v. CA, where the crime involved is slander would best serve the interests of justice
by deed, the Court modified the penalty imposed or whether forbearing to impose
on the petitioner, an ordinary government imprisonment would depreciate the
employee, from imprisonment to fine of P1,000.00, seriousness of the offense, work violence
with subsidiary imprisonment in case of insolvency, on the social order, or otherwise be
on the ground that the latter committed the contrary to the imperative of justice
CRIMINAL LAW TEAM


3. Should only a fine be imposed and the
accused be unable to pay the fine, there is
no legal obstacle to the application of
the RPC provision on subsidiary
imprisonment.



QUASI OFFENSES Note: Art. 64, relative to mitigating and aggravating

circumstances, is not applicable to crimes committed
through negligence.
CRIMINAL NEGLIGENCE

Q: What are the distinctions between imprudence
Imprudence and Negligence and negligence?
Art. 365
A:
Q: What are the punishable acts? Negligence Imprudence
Deficiency of
A: Deficiency of perception
action
1. Committing through reckless imprudence any
Failure in
act which, had it been intentional, would Failure in advertence
precaution
constitute a grave or less grave felony or light
Avoided by paying proper Taking necessary
felony
attention and using the precaution once
2. Committing through simple imprudence or
diligence in foreseeing them foreseen
negligence an act which would otherwise

constitute a grave or a less serious felony
Note: The Penal Code does not draw a well-defined
3. Causing damage to the property of another
demarcation line between negligent acts that are
through reckless imprudence or simple delictual and those which are quasi-delictual. It is
imprudence or negligence possible that a negligent act may be delictual and
4. Causing through simple imprudence or quasi-delictual at the same time.
negligence some wrong which, if done
maliciously, would have constituted a light Q: What is the effect of accident in relation to Art.
felony 275, par. 2 (failure to help or render assistance to
another whom he has accidentally wounded or
Note: Imprudence or negligence is not a crime itself. It injured) and Art. 365 (imprudence and negligence).
is simply a way of committing a crime.
A: Reckless imprudence (Article 365), falls under
Reckless Imprudence Criminal Negligence. The crime for Abandonment of
one's victim (par. 2, Art. 275), falls under Crimes
Q: What are the elements of reckless imprudence? Against Security. Quasi offenses under Article 365
are committed by means of culpa. Crimes against
A: Security are committed by means of dolo. Under
1. Offender does or fails to do an act. Article 365, failure to lend help to one's victim is
2. The doing of or the failure to do that act is neither an offense by itself nor an element of the
voluntary. offense therein penalized. Its presence merely
3. It be without malice. increases the penalty by one degree. Such being the
4. Material damage results. case, it must be specifically alleged in the
5. There is an inexcusable lack of precaution on information. Upon the other hand, failure to help or
the part of the person performing or failing to render assistance to another whom one has
perform such act taken into consideration: accidentally wounded or injured is an offense.
a. Employment or occupation
b. Degree of intelligence Note: GR: Failing to lend help is a qualifying
c. Physical condition circumstance; it raises the penalty 1 degree higher.
d. Other circumstances regarding persons,
time and place XPN: The driver can leave his vehicle without
aiding the victims if he:
Simple Imprudence 1. Is in imminent danger of being harmed
2. Wants to report to the nearest officer
Q: What are the elements of simple imprudence? of the law, or
3. Desires to summon a physician or a
A: nurse for medical assistance to the
1. There is lack of precaution on the part of the injured. (Sec. 55 of R.A. 4136)
offender.
2. Damage impending to be caused is not Q: What is the doctrine of last clear chance?
immediate nor the danger clearly manifested.
A: The last clear chance doctrine states that the
contributory negligence of the party injured will not
CRIMINAL LAW TEAM

BOOK 2: QUASI OFFENSES
defeat the action if it be shown that the accused

might, by the exercise of reasonable care and
prudence, have avoided the consequences of the
negligence of the injured party.

Q: What is the emergency rule?

A: The emergency rule provides that an automobile
driver who, by the negligence of another and not by
his own negligence, is suddenly placed in an
emergency and compelled to act instantly to avoid
a collision or injury is not guilty of negligence if he
makes such a choice which a person of ordinary
prudence placed in such a position might make
even though he did not make the wisest choice.

Q: What is the doctrine of res ipsa loquitur?

A: It means that the thing speaks for itself. In
applying this concept in cases involving negligence,
based on the appearance of the thing, there is no
need to present additional evidence that the
offender was negligent.



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BOOK 1: FUNDAMENTAL PRINCIPLES

BOOK 1 seeks to redress, and not the injury to the

THE ACADEMICS COMMITTEE

2. In the interpretation of the provisions of the b. Mala prohibita

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2 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN

violated diplomatic representatives in the

THE ACADEMICS COMMITTEE

CRIMINAL LAW TEAM

4 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN

Q: What are the crimes that may be committed in

THE ACADEMICS COMMITTEE

case does not operate to terminate a criminal

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6 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN

II. FELONIES 1. External since mere criminal thoughts are

THE ACADEMICS COMMITTEE

Q: What is the difference between negligence and

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8 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN

when he is not in the performance of his

THE ACADEMICS COMMITTEE

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10 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN

THE ACADEMICS COMMITTEE

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12 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN

THE ACADEMICS COMMITTEE

consummated at all. There is therefore no

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14 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN

THE ACADEMICS COMMITTEE

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16 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN

1. Express Conspiracy - There is an express

THE ACADEMICS COMMITTEE

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18 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN

THE ACADEMICS COMMITTEE

Q: When can a quasi-recidivist be pardoned?

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20 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN

2. Rape with homicide,

THE ACADEMICS COMMITTEE

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22 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN

THE ACADEMICS COMMITTEE

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THE ACADEMICS COMMITTEE

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26 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN

A: Yes. Victim-survivors who are found by the

THE ACADEMICS COMMITTEE

fence, intending to pass through an opening

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28 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN

criminal Hospital, who all said that he was suffering from

THE ACADEMICS COMMITTEE

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30 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN

THE ACADEMICS COMMITTEE

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32 ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMAN