CrimLaw2 AmuraoNotes

AMURAO NOTES - CRIMINAL LAW II
ARTICLE 114 - TREASON
Who may commit treason? FILIPINO CITIZEN
Where may he commit treason? ANYWHERE
Are those who commit treason abroad criminally liable? YES
Why is it that a Filipino citizen may commit treason even if abroad?

- Definition of treason; concept of allegiance
What allegiance is owed by a non-resident alien?

Why are penal laws territorial?
What is the territoriality principle?
Does this violate the principle of territoriality? NO. See Par. 5, Art. 2
of the RPC (crimes committed against national security and the law
of the nations; treason is a crime against a national security, therefore
it falls within the exceptions)
Where may an alien commit treason? Only in the Philippines; he

owes temporary allegiance to the govt. of the Phil. in return for
protection he receives
What if he was once a Japanese and then he becomes a naturalized

citizen, may he still be liable for treason? YES. There is no distinction
made in Art. 114
Supposing during time of war, a Chinese businessman, who has been

residing in the Philippines for ten years, decides to visit China. While
there, he commits treasonous acts against the Philippines. Is he liable
for treason? Supposing during time of war, a Chinese tourist visits
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the Philippines for three days. On his third day of stay, he commits
treasonous acts against the Philippines. Is he liable for treason?
How is treason committed?

(1) By levying war against the government
Should there be an actual military encounter with the govt. forces?

Not necessarily
Can this be committed by just one person? NO; use of the word
MEN in element #1
Is it necessary that this assembly of men be armed? NO. There is no

qualification in the law
Supposing the Phil. Govt. was at war with Japan. We were all
unarmed and we were discussing ways and means of effectively
delivering the govt. into the hands of foreign power. Liable for
treason? YES. Complied with elements of levying war
(2) By adhering to the enemies and giving them aid
During the Japanese occupation, certain Filipinos were moving

around, convincing the people that the principles of the govt. of
Japan are better than that followed by the Phil. Treasonous? NO.
there is only adherence in this case (adhering to the enemies and
giving aid or comfort must concur)
Suppose that during the Japanese occupation, you were a merchant

engaged in the selling of weapons and you were having transactions
with the Japanese. Treasonous? YES. Adherence to the enemy may
be implied by the nature of the act committed.
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Suppose you were engaged in a transportation business; Japanese

hired your buses to transport their troops to another province.
Liable? YES. It will directly strengthen the enemys troops
Suppose you were a rice merchant supplying Japanese with rice.

Liable? NO. Does not strengthen enemy; no adherence on your part
Supposing, during time of war, a young Filipina falls in love with a

Japanese soldier. Is she liable for treason? What if she supplies
names of guerrilla leaders to him?
Supposing a professor, during time of war, lectures about the

advantages of having a government similar to the Japanese. Is he
liable for treason?
Supposing a class, discuss and volunteer to do different means to

help the Japanese (i.e. distribution of weapons, etc.) Are the
members liable for treason?
Conviction of Treason
(1) Confession of Guilt plea of guilty

Prosecution need not present evidence but may present it only to show
the presence of AGGRAVATING CIRCUMSTANCE/S
(2) Testimony of Two Witnessses with the same overt act
WHY? Because it carries with it penalty of death and it is committed

in abnormal circumstance
Testimony of two witnesses to two different acts is not enough for

conviction; testimony of two witnesses must be credible and believed
by the court
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Is it enough that there be two witnesses? Depends: if testimony

points to the same acts, it is enough that there are only two witnesses
Is proof beyond reasonable doubt (PBRD) sufficient to convict the

accused? NO. There is further requirement of two witnesses who
should testify on the same overt act (treason is the only felony in the
entire RPC where PBRD is not sufficient)
Extrajudicial confession is not sufficient to convict a person of

treason; confession must be made in open court
Prosecution of Treason
Witness #1: saw personally the accused in the company of a

Japanese major who went to the house of a guerrilla officer; saw the
accused point at the guerrilla, and the latter was tied and dragged.
Witness #2: was walking in the farm locate across the brgy. hall; saw
the jeep where the guerrilla officer was; saw him being dragged by
the Japanese, after which they shot him.
Is the 2-witness rule complied with? NO.
Suppose the prosecution presented three witnesses but the court

gave credence only to one witness. Acquit or convict? Acquit for
non-compliance with the 2-witness rule.
If the common crimes were committed and was in any way

connected with the objectives of treason liability is separate
Accused was charged with treason and 10 acts of kidnapping with

ransom: purpose of ransom was to finance their (treasonous)
activities. Liability? Treason.
ARTICLE 115 - CONSPIRACY TO COMMIT TREASON
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ARTICLE 116 - MISPRISION OF TREASON
How soon should the disclosure be made? Within a reasonable

period which will depend on the judgement of the judge
By any person? NO. refer to element #1
Does this violate the principle of generality? Yes, it violates BUT this
is an express exception by provision of the law
Supposing, accused is prosecuted for MT; alleged in the info that

being a Filipino citizen, he owes permanent allegiance and having
knowledge of persons who performed acts w/ the view of
overthrowing the govt., he should have disclosed the same. Liable?
NO. Knowledge was already about treason (in the first manner) and
not mere conspiracy
Supposing, accused is resident of a city; has knowledge of

conspiracy; refused to disclose the matter to the mayor/fiscal
because they are among the most corrupt; disclose the matter
directly to the AFP Chief of Staff. Liable for MT? NO. Even if the
matter was not disclosed to the person/s specified in the law, there
was no intent on the part of the accused not to disclose the info.
Supposing a witness sees a group of men, all unarmed, discussing

means to commit treasonous acts against the government. He does
not disclose what he sees to anyone. Liable?
ARTICLE 117 - ESPIONAGE
Where may espionage in the first manner be committed (RPC)?
Suppose that the US donated armaments, etc. to the Phil. Govt. to

be used for its war against Malaysia; arms were stored in a warehouse
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in Nueva Ecija; newspaper reporter without authority went inside

the warehouse to take photos of the arms; was still 50 meters away
from the warehouse when he was accosted. Liable? YES. Elements
of first manner of committing the crime were present
Supposing, a newspaper man who was accosted told the military

officers that he wanted to take the photos of the modern warfare
that he read in Remate (tabloid). Liable? NO because what he
intends to obtain is not anymore confidential; the matter has ceased
to be confidential because of its previous publication
Supposing, you climbed a tree to photograph confidential

information. May you be held liable for espionage under the RPC?
No. But you may be liable for violation of CA 616.
May espionage be committed in the National Library? In the

Benedictine Abbey?
Supposing you paid the janitor to obtain confidential information for

you. Are you liable for espionage under the RPC? How about the
janitor?
May espionage in the second manner be committed by a private

person (RPC)? No.
Supposing a high ranking military officer discloses confidential

matters to a beauty contestant from another nation. Is he liable for
espionage? Yes. The law does not distinguish foreign representative.
ARTICLE 118 - INCITING TO WAR OR GIVING MOTIVE FOR

REPRISALS
Supposing protesters burn the US flag in front of the US embassy,

are they liable? Does the act have a tendency to provoke war against
US?
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Does the raising of troops constitute inciting to war?
ARTICLE 119 - VIOLATION OF NEUTRALITY
ARTICLE 120 - CORRESPONDENCE WITH HOSTILE COUNTRY
Supposing Malaysia is at war with the Philippines. If a Filipina writes

a love letter to a Malaysian sweetheart, is she liable for violation of
Article 120? Without prohibition by the government? With
prohibition by the government? What if the letter contains the
drawing of a heart only?
ARTICLE 121 - FLIGHT TO ENEMYS COUNTRY
May this be committed by mere attempt to flee? YES
ARTICLE 122 - PIRACY IN GENERAL AND MUTINY ON THE HIGH

SEAS OR IN PHILIPPINE WATERS
In what way is piracy under the RPC different from piracy under
P.D. 532? Piracy under the RPC if committed by a stranger; Piracy
under PD 532 if committed by passenger or member of the crew
Which piracy falls under the law of the nations?
What constitutes high seas? Philippine waters?
May piracy be committed in the Pasig River? Waters under the

Mendiola Bridge? Lake in Burnham Park? Floating restaurant?
Supposing you boarded a motor boat and a passenger ordered other

passengers to give him their belongings. Is he liable for piracy?
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What if persons from another boat commit the act of piracy. Which
law will apply, RPC or P. D. 532?
Ship from Manila to Cebu; while waiting for the departure of the
ship, a person suddenly boarded the ship, pointed a knife at you,
demanded that you give your belongings after which, he got off.
Crime committed? Piracy under RPC
What if it was also a passenger of the ship who took your
belongings? Piracy under PD 532
Floating casino in Manila Bay; while you were there, a person

pointed a revolver at you and demanded that you give your
winnings. Crime committed? Common robbery floating casino is
not within the definition of a vessel
RA 6235 ANTI-HIJACKING LAW
Acts Punishable:
(a) Aircraft of Phil. registry:
(1) change in the course OR destination;
(2) seize or usurp control thereof
PAL from Manila to Davao: accused compelled the pilot to veer the
plane a little to right for a couple of minutes. Violation? Yes refers
to a change in the course
Accused bribed the pilot to veer the plane in exchange for money.
Violation? No - there is no compulsion (what is punished is the
element of compulsion)
Definition of in flight: from the moment external doors are

closed following embarkation to the moment they are opened for
disembarkation
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May a plane be considered in flight when the external doors have

been closed but it is still on the ground because of engine problems?
YES.
Doors are already closed, passengers were already on board; but the
pilot was still waiting for instructions from control tower; accused
seized control of the plane. Violation? YES
Suppose the doors have already been opened but the passengers
have not come out; accused seized control of the plane. Violation?
NO. Plane has seized to be in flight
A group of skydivers on board a Phil. plane about to stage a

skydiving exhibition in Luneta; at a latitude of about 15,000 ft., the
door of the plane opened and the skydivers jumped out; last person,
instead of jumping, seized control of the plane. Violation? NO -
legally speaking, the plane is no longer in flight, notwithstanding that
it is actually flying
(b) aircraft of foreign registry:

(1) landing;
(2) seize or usurp control thereof
Is it necessary that acts be done while the aircraft is in flight? NO,

the law is silent
Japan airlines, after it has landed, external doors were already

opened, accused barged into the pilots cockpit and seized control of
the plane. Liable? YES
Under the same facts, if plane if of Phi. Registry, liable? NO no
longer in flight
(c) other acts:
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Shipping, loading, carrying in any passenger aircraft operating as a

public utility w/in the Philippine any explosive, flammable, corrosive,
or poisonous substance or material (Sec.3)
A group of students chartered a PAL passenger plane for their

exclusive use from Manila to Zamboanga; on board, they carried
with them bottles of cyanide and several sacks of dynamite. Liable?
YES
Same facts but the plane was owned by one of the students. Liable?
NO plane is not w/in the contemplation of public utility
ARTICLE 123 - QUALIFIED PIRACY
ARTICLE 124 - ARBITRARY DETENTION
May this be committed by ANY public officer? NO only by those

vested with authority
May this be committed by an officer who arrested and detained a

person by virtue of a warrant of arrest issued by the court? NO The
moment there is a WOA, no arbitrary detention can be committed
Public officer liable for arbitrary detention may be one who: has duty
to make an arrest or detain; may recommend an arrest or detain; or
may order an arrest or detain
A private individual may be also be liable for arbitrary detention if he

acts either as an accessory, accomplice, principal by inducement, or
principal by indispensable cooperation
Legal grounds for detention (1) committed the crime, (2)compulsory

confined, (3) violent insanity
Instances when warrantless arrests are lawful:
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(1)has committed, is actually committing or is attempting to commit an

offense in his presence
May a crime be committed in the presence of a public officer who is

blind? Yes. Deaf? Yes. Both?
(2)personal knowledge of the facts that the person to be arrested

actually committed the offense
May a person be arrested based on suspicion? Is suspicion equivalent

to actual knowledge?
Suppose the accused stabbed X; there was a commotion after which

the accused fled. He was holding a knife and he was already stained
with blood. He was being chased by the people. A police officer
came. Seeing what was happening, he arrested the accused. Liable?
NO there is personal knowledge of the facts that a crime has been
committed and the person being arrested was the one who
committed it
Suppose a crime of robbery was committed. All the lights were on

when it happened. The members of the household were able to give
description of the robbers to the police. Three days later, the officer
saw one of the persons who fitted the description given so he
arrested him. Valid? No. There is no probable cause to believe that
the person committed the crime; he only has hearsay knowledge
Supposing a woman was a victim of rape; together with her parents,

she proceeded to the NBI to report the crime. Since there were
media present, a task force was organized. The TF learned rapist was
in Bacolod. They search and found him. There is no warrant of
arrest. May NBI task force arrest and detain him? NO. They only
have hearsay knowledge
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(3)arrest of a prisoner who escaped
ARTICLE 125 - DELAY IN THE DELIVERY OF DETAINED PERSONS

TO THE PROPER JUDICIAL AUTHORITIES
Distinguish from arbitrary detention
When does detention in delay become illegal? Upon expiration of the

periods specified
Reason behind the law: to prevent any abuse that may be committed
against the accused so that he can avail of any legal rights available to
him.
To whom should the delivery be made? Courts of Justice
Is delivery to fiscal sufficient? No. He doesnt form part of judicial

authority
May this be committed if there is warrant of arrest? NO. Even if you

fail to deliver him as required there is already a case in court.
X killed his neighbor in the course of their town fiesta. There was a
police officer. Police officer made the arrest because he saw the
killing. Within what hours should you be delivered? 36 hours
Supposing you were only delivered on the 7th day. What crime is
committed by the police officer? Violation of Art. 125
What does PO do if he cannot deliver him so he may not be liable?

He should release him.
Assuming detention is already illegal does this affect the validity of

your arrest? Yes. Detention became illegal.
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Does illegal detention affect your crime? No.
ARTICLE 126 - DELAYING RELEASe
Is there a period prescribed? Yes. Same as that prescribed in Art 124:

3 15 days; 15 days 6 months; 6 months or more
ARTICLE 127 - EXPULSION
May a Filipino be expelled from the Philippines? NO
Who can be expelled? ALIENS only
Who can order expulsion? Bureau of Immigration and Deportation

to be approved by the Office of the President
Convict has already served the minimum term of his sentenceand

ready to be released for parole; condition in his parole fixes his
residence even against his will. Is condition valid? YES
Supposing the Mayor of City of Manila, in order to stop prostitution

he arrested and sent all prostitutes to Basilan. Is he liable? Yes.
May an alien be deported by the Bureau of Immigration without

violating Art 127? Yes because the Bureau of Immigration has the
authority to do so.
May court order convict to change the residence by virtue of

Probation Law? Yes. There is authority of law; court by final
judgment. How about by virtue of ISLAW? Dangerous Drugs Act?
Yes to both. Laws; granting authority
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ARTICLE 128 - VIOLATION OF DOMICILE
Judicial order = search warrant
Search Warrant: an order in writing issued in the name of the People

of the Phils, signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein
and bring it before the court
Requisites: (1) probable cause; (2) for one offense (3) to be

determined personally by the judge (4) particular description of place,
persons and things
Effect of SW that was not legally obtained: things seized would be

inadmissible in evidence
Suppose NBI agents conducted a surveillance operations for 2

weeks, after which they were convinced that there is a shabu lab in a
certain compound. The agents applied for the issuance of SW for
violation of DDA and for illegal possession of firearms. Armed with
the SW, the agents raided the lab. Is the SW issued by the court
valid? NO-warrant was issued for two offenses
Warrant was issued for violation of DDA, when agents entered the
compound, they saw the warehouse door was open, through which
they can see high powered firearms. They seized such firearms. May
these be admissible in evidence? NO-not included in SW
Suppose court issued a SW for the seizure of equipment used in the

production of shabu; location of shabu lab is in a compound: white
house, blue gate. Valid? NO place was not particularly described
Suppose the SW was issued for illegal possession of firearms,

ordering the officers to seize high-powered firearms in the condo
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unit of the accused located in the 5th floor; agents saw that there
were several units in said floor so they inquired; raided the condo
unit after the inquiry. Valid? NO place not particularly described
Suppose the court issued a SW against the accused for violation of

the internal revenue law, ordering the seizure of ALL documents
contained inside the 2 cabinets in the office of the accused; agents
implemented the warrant; got all the documents. Prosecutor only
presented those material and relevant to the offense. Valid? NO
things seized were not particularly described therein
NBI agents applied for SW against the house said to be a shabu lab.
It was almost 5pm when thy arrived at the office of the judge; judge
was in a hurry so he instructed the clerk to receive the evidence the
agents may present in support of their application, draft the order
and bring it tot the judge. Everything was done by the clerk. Order
was brought to the judge who signed it. Agents implemented the
warrant. Valid? NO probable cause was not determined personally
by the judge
May judge delegate such duty? NO. It is personal.
How is violation of domicile committed?
(1) by entering
-dwelling: a place that satisfies the requisites of domestic life
Is it enough that there is no consent? NO-entry must be against the
will of the owner
Police major who is your neighbour saw the door of your house
slightly opened; he entered your house. Violation? NO
There was a sign that said Do not enter at all times but the door is
slightly opened. Violation? YES-there is express prohibition
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Suppose the door was locked, which the police major opened and he
entered the house. Liable? YES - locked door is implied prohibition
Sign says no trespassing, police entered. Liable? YES express

prohibition
Door was open, sign says Beware of dogs! Police entered. Liable?
NO.
Sign says enter at your own risk. Police entered. Liable? NO.
(2) by searching
is it necessary that the entry be done against the will of the owner? NO
it is sufficient that the entry is without the consent of the owner.
(3) by refusing to leave

- surreptitious entry: secretly entering the house
Police entered the house through the closed back door which he
opened. Once inside, owner saw him and asked him to leave. Officer
left. Liable? YES, under the first manner closed door constitutes
prohibition
What consummates the crime? Refusal to leave the premises
Supposing a police officer, with the intention of searching the

premises of your house, entered through the slightly opened front
door without your consent. However, before he began his search, his
attention was caught by the picture of a beautiful woman posted on
your wall. While he was intently staring at the picture, you catch him
inside your house and order him to leave, which he immediately
does. Is he liable for violation of domicile? No. He is not liable
because he did not commit any of the three acts under Article 128.
There is no implied prohibition because the door was slightly
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opened; he did conduct any search; he did not refuse to leave the
house after having been required to do so.
ARTICLE 129 - SEARCH WARRANTS MALICIOUSLY OBTAINED, AND

ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED
Is perjury necessary in maliciously obtaining a search warrant?
What if an illegal firearm was actually found based on a maliciously

obtained search warrant for illegal possession of firearm?
Manner of Commission
(1) maliciously obtaining
Suppose you have a persistent suitor whom you dont like so you
rejected him. He turned out to be an NBI officer and he ensued an
application for SW against your father for keeping firearms in you
house, which is not true. The warrant was issued. What crime/s may
he be liable for? Perjury and procurement of SW w/o just cause
Suppose he came to you and told you that unless you answer him, he
will implement the warrant. In order to save your father, you
answered him. Is he liable for procuring SW w/o just cause? YES.
The crime is consummated by the mere act of obtaining the SW; it
need not be implemented.
(2) abuse in the service
Does the law require that for abuse to be committed, the SW must be
lawfully obtained? The warrant enjoys the presumption of validity
since it was issued by the court. If the warrant turns out to be
unlawfully issued, the agents would only be liable for maliciously
obtaining SW.
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ARTICLE 130 - SEARCHING DOMICILE WITHOUT WITNESSES
Supposing a raiding team conducted the search of a dwelling in the

presence of two maids only. Are the members of the raiding team
liable for violation of Article 130?
Supposing the raid was conducted in the presence of two members

of the raiding team who were also residents of the same locality. Are
the members of the raiding team liable for violation of Article 130?
Supposing the raid was witnessed by the twon children residing in

the house who were both 8 years old; may the members of the
raiding team be liable? Yes. The children are not valid witnesses.
ARTICLE 131 - PROHIBITION, INTERRUPTION, AND DISSOLUTION

OF PEACEFUL MEETING
How committed?
(1) by prohibiting or by interrupting, w/o legal ground, the

holding of a peaceful meeting, or by dissolving the same
What constitutional right is safeguarded? Right to peaceful assembly

During a rally and while certain people were speaking, somebody
threw an explosive in the middle of the crowd. May the police
lawfully disperse the assembly? YES it has ceased to be peaceful.
(2) By hindering any person from joining any lawful

association or from attending any of its meetings
Suppose an officer prevented you, through force or threat from

joining the NPA. Liable? No what is contemplated is the joining of
a lawful org; NPA is not a lawful org
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(3) By prohibiting or hindering any person from addressing,

either alone or together with others, any petition to the
authorities for the correction of abuses or redress of grievances
What right is safeguarded? Right of the people to redress grievances
ARTICLE 132 - INTERRUPTION OF RELIGIOUS WORSHIP
Committed only by public officers or employees
Is it necessary that the act be committed inside a place of religious

worship? NO.
Is it necessary that it be done in a church? No. What is important is

that what is interrupted is a ceremony.
ARTICLE 133 - OFFENDING THE RELIGIOUS FEELINGS
Whose point of view should be considered to determine the act as

notoriously offensive? The worshippers.
Supposing accused placed the statute of the Virgin Mary in the altar
and chopped it in pieces. He claimed that the Virgin Mary was only
made of wood. May he be liable for violation of Article 133? Yes.
ARTICLE 134 - REBELLION OR INSURRECTION
Can it be committed by only one person? NO. It is a crime of the

masses
Manner of conviction: proof beyond reasonable doubt (2-witness rule

is not necessary)
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Is it necessary that they engage the government forces in actual

combat? NO.
Supposing common crimes are committed. What crime is

committed? If the common crime was committed in furtherance of
the objectives of rebellion, the common crime is absorbed in the
crime of rebellion
Supposing an NPA commander had an encounter in Mindoro. They

ambushed the military. What crimes are committed? Rebellion only.
May they be prosecuted for murder? No. It is absorbed in rebellion.
Supposing they raped the daughter of the Barangay Captain? Liable

also for rape as it is not connected with any political purpose.
Supposing the NPA commander ambushed the governor for being

corrupt. What crime is committed? Rebellion
Suppose an NPA asked you to encash some of their checks and to

deliver them. Liable? NO - mere adherence to the enemy by giving
them aid or comfort is not punishable under rebellion
Members of the NPA kidnapped a Chinese merchant and demanded

a ransom. Upon payment, the Chinese was released and the ransom
was given to the officers of the NPA for its finances. Crime
committed? Rebellion only.
Suppose the kidnappers distributed the ransom among themselves.

Crime? Kidnapping
ARTICLE 134 - A COUP DETAT
Offender: military, police, or public officer or employee
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Difference between rebellion and coup:

1. as to persons criminally liable:
Rebellion public persons and private persons
Coup de etat public persons, military or police officers
2. as to manner of commission:
Rebellion rising publicly and taking arms against the government
Coup de etat swift attack accompanied by violenece, intimidation,
threat, strategy, or stealth
3. as to purpose:
Rebellion Section 134
Coup de etat Section 134-A
4. target of the attack:

Rebellion government
Coup de etat authorities of the Philippines, military camp,
installation, communication networks, public utilities or other facilities
May coup d etat be committed by one person? YES.
ARTICLE 135 PENALTY FOR REBELLION, INSURRECTION, OR

COUP D ETAT
ARTICLE 136 CONSPIRACY AND PROPOSAL TO COMMIT COUP D

ETAT, INSURRECTION, OR REBELLION
Conspiracy to commit Coup de etat
Supposing, military officers met outside the Philippines and they

agreed and decided to seize the power from the present
administration; upon arrival, they were arrested and prosecuted for
committing conspiracy to commit coup de etat, are they liable? NO,
because it was committed outside Philippine territory; it cannot be
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prosecuted here because it was not among the exceptions provided

for in Article of the RPC (Conspiracy to commit coup de etat is a
crime against public order)
ARTICLE 137 DISLOYALTY OF PUBLIC OFFICER OR EMPLOYEES
ARTICLE 138 INCITING TO REBELLION OR INSURRECTION
Supposing, a member of the NPA was going around recruiting

members by inciting them. Crime committed? Rebellion, because
one element is missing; that the offender does not take arms against,
or is not in open hostility with the government; offender in this case
was already a member of the NPA
Supposing, an ordinary barangay leader who was fed up with the

Arroyo administration, thorugh speeches, persuaded and convinced
people to join him in the fight against the government, what crime
was committed? Inciting to rebellion
Suppose the audience before whom he spoke were finally induced

and persuaded by him to join the movement and overthrow the
government, what crime was committed? Rebellion, because the
persons induced would be principals by direct participation; person
who induced would be a principal by inducement
Using the same facts, if they were not convinced, what crime was
committed? Inciting to rebellion
ARTICLE 139 - SEDITION HOW COMMITTED
When is public uprising deemed to be tumultuous? Article 163 if it

is caused by more than three (3) persons who are armed or are
provided with means of violence
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Supposing, ten (10) persons who are armed purpose is to prevent

the holding of a referendum through force, etc., are they liable? NO,
referendum is different from an election
Supposing, several members in the barangay, during the elctions,

armed themselves and proceeded to the precincts and prevented the
elections officers; inspectors, etc. from performing their duties, what
crime was committed? Sedition, under the 1st purpose
Using the same facts, but the officers were prevented from
performing their duties during a referendum, are they liable for
sedition? YES, under the 2nd purpose
ARTICLE 140 - PENALTY FOR SEDITION
ARTICLE 141 - CONSPIRACY TO COMMIT SEDITION
ARTICLE 142 - INCITING TO SEDITION
How committed?
(1) inciting others to the accomplishment of any of the acts which

constitute sedition by means of speeches, proclamations, writings,
emblems, etc.
(2) uttering seditious words or speeches which tend to disturb the

public peace
- clear and present danger rule

- dangerous tendency rule
(3) writing, publishing, or circulating scurrilous libels against the

government or any of the duly constituted authorities thereof which
tend to disturb the public peace
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Supposing X incited others to commit sedition and they commit

sedition. What crime may X be liable for? Sedition for principal by
inducement because Sedition was committed.
May the crime of inciting to sedition be committed by mere silence?

YES, by knowingly concealing such evil practices (one of the ways of
committing inciting to sedition)
ARTICLE 143 - ACTS TENDING TO PREVENT THE MEETING OF THE

ASSEMBLY AND SIMILAR BODIES
ARTICLE 144 - DISTURBANCE OF PROCEEDINGS
May an accused put double jeopardy as a defense? No. Separate

power of Congress.
ARTICLE 145 - VIOLATION OF PARLIAMENTARY IMMUNITY
(1) By using force or intimidation

- preventing a member from attending a meeting
Supposing, there is an investigation in Basilan to find out how some

members of the Abu Sayyaf were able to escape; a military officer
abducted a member of the Congress who was always taking an
antagonistic position against them, what crime was committed? May
the military officer be held for kidnapping? Did the single act of the
military officer give rise to two (2) felonies (kidnapping and violation
of parliamentary immunity)? Crimes are COMPLEXED under
Article 48, 1st part, of the RPC (when a single act constitutes two or
more grave or less grave felonies)
(2) By arresting or searching
24
Supposing, a congressman committed the crime of homicide

(penalty is reclusion temporal) and he was arrested while he was on
his way to the session hall of Congress, was the arrest lawful? YES
Supposing, Congress was in session for 3 months, starting July 1; the

Congressman was arrested on August 28 while he was at home;
penalty for the crime he committed was 5 years, was the arrest
lawful? NO, refer to the definition of session
ARTICLE 146 - ILLEGAL ASSEMBLIES
First form of illegal assembly
Supposing, there was a meeting attended by several persons, the

purpose of which is to devise ways and means of kidnapping; not
one of those who attended the meeting was armed, is this illegal
assembly? NO, a meeting, to be illegal, must be attended by armed
persons
Supposing, there were 10 persons, all armed, had a meeting, the

purpose of which was to commit illegal logging, liable? NO, it is not
an offense punishable under the RPC
Second form of illegal assembly
Is it necessary that they be armed? NO

Is it necessary that the members of the audience be incited? YES
ARTICLE 147 - ILLEGAL ASSOCIATIONS
Supposing, a group formed an association, Cheats Unlimited, the

purpose of which is to devise ways and means to cheat without
being discovered, are they liable? YES, contrary to public morals
25
Supposing, by force, a friend prevented you from attending the

meeting of cheats; is your friend liable under Article 131? NO,
association is unlawful; what is prohibited in Article 131 is
preventing someone from attending a meeting of a lawful
organization
ARTICLE 148 - DIRECT ASSAULTS
How committed?
(1) By employing force, intimidation...
- public uprising + tumultuous + political purpose = SEDITION
- force or intimidation + objectives of rebellion or sedition + public

uprising (minus) public uprising = DIRECT ASSAULT in the first
form
(2) By attacking, by employing force...
Supposing, a governor who recommended his niece to be a member

of the staff of the mayor but the positions were already filled hence
she was not accommodated; the governor went to the office of the
mayor where he inflicted where he inflicted fist blows upon the
mayor, what crime was committed by the governor?
Using the same facts, supposing, they met at a wedding and there,
the governor assaulted the mayor, what crime was committed? By
reason of past performance of duties
Supposing, in a criminal case, the lawyer cross-examined the witness

of the other side and practically destroyed his testimony; the other
party waited for the lawyer outside where they inflicted harm on
him, what crime was committed? Direct Assault, lawyers are
26
considered persons in authority, and he was attacked by reason of

the performance of his official duties as a lawyer
Supposing a professor was in the middle of discussing lessons in

class when his neighbor, who had a long time personal grudge
against him, through a stone at the professor, which hit him on the
head and killed him. May the offender be liable for direct assault?
YES. The Reason for attack immaterial if done in the actual
performance if duty
What if the killing was done while the professor was walking on his
way home? No there is no direct assault.
What if the neighbor was actually a former student and he killed the
professor while on his way home because the latter failed him in
class. May the offender be liable for direct assault? Yes the attack
was done connected with performance of official duty
May a person in authority be liable fro direct assault committed

against subordinate? YES. Qualified assault It is an aggravating
circumstance when an offender s a public officer/employee
Supposing a provincial governor violated the traffic rules and

regulations. A traffic enforcer stopped him and gave him a ticket.
The governor got mad and shot the traffic enforcer. May the
governor be liable for direct assault? YES. Position is immaterial.
ARTICLE 149 - INDIRECT ASSAULTS
Can only be committed in the occasion of direct assault
Does acquittal in DA also mean an acquittal in IA? It depends on the

ground of acquittal. If acquitted because the act does not constitute
direct assault it also means the person shall be acquitted for indirect
27
assault; if acquitted for reasons which are personal only to the

accused, it shall not mean acquittal in IA. This includes being
acquitted because of insanity or minority. If acquitted because there is
no guilt beyond reasonable doubt, not acquitted in IA. This would
mean that there is a crime of DA however guilt of accused was not
sufficiently proven
It is necessary that the offender has knowledge that the person

assaulted is a person in authority or his agent? Yes. Absence of
knowledge may constitute a defense of good faith
ARTICLE 150 - DISOBEDIENCE TO SUMMONS ISSUED BY THE

NATIONAL ASSEMBLY, ITS COMMITTEES AND SUBCOMMITTEES, BY
THE CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES,
SUBCOMMITTEES OR DIVISIONS
ARTICLE 151 - RESISTANCE AND DISOBEDIENCE TO A PERSON IN

AUTHORITY OR THE AGENTS OF SUCH PERSON
ARTICLE 152 - PERSONS IN AUTHORITY AND AGENTS OF PERSONS

IN AUTHORITY WHO SHALL BE DEEMED AS SUCH
Persons in Authority
- directly vested with jurisdiction
- Examples: mayor, judge, congressman, members of the board of
directors, teachers, administrators (dean, rector, Chaplain), lawyers if in
actual performance of professional duty or attacked because of such
reason
Agent of person in authority

- not vested with jurisdiction
- duty is the protection of persons and property
- maintenance of public order
28
- Examples: policeman, barangay tanod, members of the military
ARTICLE 153 - TUMULTS AND OTHER DISTURBANCES OF PUBLIC

ORDER
ARTICLE 154 - UNLAWFUL MEANS OF PUBLICATION AND

UNLAWFUL UTTERANCES
How Committed
1st Manner:
Essence is publication of false news which causes damage to the
interest of the state
Supposing X published that half of Mindanao under control of

MILF. But it is false. Will X be liable? Yes. Prejudicial to the interest
of the state
2nd Manner:
Supposing X made a film about the life of Abu Sabaya. In the film,
he made him a hero. May X be liable? Yes. Praising, justifying,
extolling an act punished by law
3rd Manner:
Supposing X prematurely published a PIATCO Contract

investigated by Blue Ribbon Committee? May X be liable? Yes he
has no official authority to publish the contract
ARTICLE 155 - ALARMS AND SCANDALS
Will the firing of a gun be punishable? Yes, provided the gun is not
pointed at any one in particular. If pointed at another, the crime is
29
discharge of firearm or grave threat, provided there is no intent to

kill. If there is intent to kill, the crime is either attempted
homicide/murder if the wound is not mortal; frustrated
homicide/murder if the wound is mortal
ARTICLE 156 - DELIVERY PRISONERS FROM JAIL
Supposing, the one who escaped is a detention prisoner, if another

person assists in the escape of such detention prisoner, is he liable?
YES
Supposing, a youthful offender was committed inside a reformatory

institution, and an officer assisted in the escape of such youthful
offender, what crime was committed? Infidelity
Supposing, a jail officer whose duty is from 7am-7pm, then he

assisted in the escape of a prisoner at around 3pm, what crime was
committed? Infidelity
Supposing, using the previous case, he assisted in the escape at

around 10pm, what crime was committed? Delivering Prisoners
from Jail, because he is already off-duty, and the prisoner is not
anymore under his custody
ARTICLE 157 - EVASION OF SERVICE OF SENTENCE
Supposing, there is a prisoner against whom a judgment of

conviction has been rendered; he appealed such judgment to the CA,
and while pending, he escaped, is he liable under this article? NO,
the judgment of conviction is not yet final
Supposed a youthful offender who is committed in a reformatory

institution escapes. What crime may he be prosecuted for? No crime,
he is not yet convicted by final judgment
30
Youthful offender who is incorrigible in a reformatory institution.

The court pronounced judgment. He escaped in Bilibid. May he be
liable? Yes.
Supposing the accused is prohibited to enter manila. His mother gets

sick in manila. The accused went to Manila. Will he be liable? Yes.
What is the remedy is available to him to be able to visit his sick
mother during the service of his sentence? Executive clemency
ARTICLE 158 - EVASION OF SERVICE OF SENTENCE ON THE

OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR
OTHER CALAMITIES
Failure to return 48 hours within the proclamation = addition of 1/5

of the unexpired term to the sentence; if he returned a deduction of
1/5 of the entire sentence shall take place
Accused must be a convict not a detention prisoner
ARTICLE 159 - OTHER CASES OF EVASION OF SERVICE OF

SENTENCE (VIOLATION OF CONDITIONAL PARDON)
Supposing, the accused was convicted of homicide and was

sentenced to a penalty of 10 years, after 6 years, he was granted a
conditional pardon; 2 years after, he was found guilty of frustrated
homicide. May the President order his re-arrest even without waiting
for conviction of the second crime? May he still be prosecuted
separately for violation of conditional pardon?
Supposing, accused was convicted, sentenced to 10 years; he already

served for 8 years, was granted a conditional pardon thereafter and it
was expressly provided that the convict should observe the terms
and conditions of the conditional pardon for 7 years; is the condition
valid? YES, the conditional pardon is in the nature of a private
31
contract between the President and the convict; the convict is free to
accept or reject the offered conditions of the contract in the pardon
ARTICLE 160 QUASI-RECIDIVISM
Supposing the accused was convicted of attempted rape; while

serving his sentence, he committed and was found guilty of illegal
possession of shabu, is he a quasi-recidivist? NO, the second offense
committed by him was a violation of a special law; to be liable, the
second crime must be a felony
Supposing, accused was already serving sentence for violation of a

special law, while serving the same, he attempted to take the life of
his co-prisoner, is he liable? YES, the first offense need not be a
felony
ARTICLE 161 - COUNTERFEITING THE GREAT SEAL OF THE

GOVERNMENT OF THE PHILIPPINE ISLANDS, FORGING THE
SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE
ARTICLE 162 - USING FORGED SIGNATURE OR COUNTERFEIT SEAL

OR STAMP
Supposing, the accused has a pending shipment, which is kept by the

customs and cannot be released because of failure to complete the
payment of customs duties; asked his friend from Malacanang to get
an endorsement from the President; his friend forged the Presidents
signature and gave the endorsement to the accused; shipment was
then released. Can the accused be held liable under this Article? NO,
there was no knowledge on his part that the signature of the
President on the endorsement was forged
Is this an act of accessory? Yes but if accused is punished as principal

of Article 162 he is not an accessory of Article 161.
32
ARTICLE 163 - MAKING AND IMPORTING AND UTTERING FALSE

COINS
ARTICLE 164 - MUTILATION OF COINS
Is mere possession of counterfeited coins with knowledge make one

liable? No, there must be actual uttering and intent
ARTICLE 165 - SELLING OF FALSE OR MUTILATED COIN,

WITHOUT CONNIVANCE
ARTICLE 166 - FORGING TREASURY OR BANK NOTES OR OTHER

DOCUMENTS PAYABLE TO BEARER; IMPORTING, AND UTTERING
SUCH FALSE OR FORGED NOTES AND DOCUMENTS
What may be the subject of forgery? Does this include treasury or

circular notes issued by a foreign bank be subject? How about those
issued by the Philippines?
ARTICLE 167 COUNTERFEITING, IMPORTING, AND UTTERING

INSTRUMENTS NOT PAYABLE TO BEARER
ARTICLE 168 ILLEGAL POSSESSION AND THE USE OF FALSE

TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF
CREDIT
Supposing X used false bank note to pay for his the groceries; he did
not know that it is fake, may he be liable for possession?
What is the presumption? Accused is the author of the forgery when

he is found in possession of false treasury notes, etc. It is presumed
there is intention to utter.
ARTICLE 169 - HOW FORGERY IS COMMITTED
33
Supposing X was in the possession of a sweepstakes ticket. Only the

last number is different from the winning combination so he
changed it and presented it as the winning ticket. May X be held
liable?
How would you classify the lottery ticket, is it payable to bearer or

order? It is payable to bearer
ARTICLE 170 - FALSIFICATION OF LEGISLATIVE DOCUMENTS
ARTICLE 171 - FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR

NOTARY OR ECCLESIASTICAL MINISTER
Differentiate Article 170 from Article 171: Determine the nature of

the document falsified, if it is legislative regardless of offender it is
under Art 170. If it is not legislative and falsified by a public officer
who takes advantage of his position/office it falls under Art 171.
An ecclesiastical minister is liable only when the falsification affects

civil status of persons and not ones religion
Under fourth manner commission, the entry falsified must be a fact

not an opinion
Supposing a prisoner was arrested on January 2, 2001 but the

arresting officer failed to deliver within 36 hours to proper
authorities, thus making him liable under Article 125. To avoid being
reprimanded, the officer changed the date of arrest to January 3,
2002 date of turnover. Is he liable under the fifth manner of
commission? YES. Date is essential.
What if the date of arrest was on January 2, 2001 and the prisoner
was delivered on January 3, 2001. The officer placed the date as
34
January 5, 2001 as date of arrest. Is he liable under the fifth manner

of commission? NO. Date was not essential.
Supposing the Secretary of PRC is in charge with keeping the grades

of board examinees. She changed the grade of one examinee from
71 to 77. May she be liable under the sixth manner of commission?
Yes.
Supposing the Local Civil Registrar issued a birth certificate to show

you were born earlier so X can run for mayor. Is the LCR liable?
Yes.
ARTICLE 172 - FALSIFICATION BY PRIVATE INDIVIDUALS AND THE

USE OF FALSIFIED DOCUMENTS
May there be a crime of estafa through falsification of public, official

or commercial documents? Yes. There is no complex crime of estafa
through falsification of a private document since both have the same
element damage. Determine which crime was first committed by
the accused. The first crime committed is his first liability.
Supposing X used a falsified document in an administrative

proceeding? What crime may he be liable for? Use of falsified
documents for other transaction
What if he was applying for a loan in a bank, and he used a false

document, what crime may he be liable for? Use of falsified
documents for other transaction
ARTICLE 173 - FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH,

AND TELEPHONE MESSAGES, AND USE OF SAID FALSIFIED
MESSAGE
35
ARTICLE 174 - FALSE MEDICAL CERTIFICATES, CERTIFICATE OF

MERIT OR SERVICE, AND THE LIKE
Supposing A asked his father, a doctor, to a medical certificate to

excuse him from classes. The father issued the certificate stating that
X was recovering from fever and had to rest for three days when in
fact, X was never ill. Who may be liable under Article 174? The
father.
What if it was Xs mother who issued mother the certificate, who is

liable? The mother.
Supposing X presented it to his professor. May he be liable for the

commission of a crime? Yes he is liable under Article 175 using false
certificates.
Supposing X wanted to apply for a position in a company, which

requires at least seven years of work experience. X only had two
years of work experience so he asked a former superior to issue a
certificate stating that he has had 10 years of work experience. May
his superior be liable? Yes for issuing a false certificate of service
ARTICLE 175 - USING FALSE CERTIFICATES
ARTICLE 176 - MANUFACTURING AND POSSESSION OF

INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION
Supposing a raid in the house of E. The raiding team confiscated an

equipment used in the making of falsified Philippine money. May E
be liable for possession? No, there must be intent to use.
ARTICLE 177 - USURPATION OF AUTHORITY
In usurpation of authority, is it necessary to actually perform the

duty? NO
36
Supposing the accused was in a party and he wanted to impress a

girl. He introduce yourself as a PNP officer. May he be liable? YES.
Supposing A went to a Chinese Store. He introduced himself as an

agent from BIR when in fact he was not. He claimed that he wanted
to inspect the stores book of accounts. What crime is committed?
Usurpation of Authority.
What if the owner acceded and A was able to inspect the book of
accounts. What is As criminal liability? Usurpation of official
function
Supposing an MMDA traffic enforcer was suspended for 6 months.

During his suspension, he continued to wear his uniform and
directed traffic in a major intersection. What crime may he be liable
for? Usurpation of official function
ARTICLE 178 - USING FICTITIOUS NAME AND CONCEALING TRUE

NAME
Supposing X told Y he is single so that he can court the latter. Y

later discovered that X is married. Liability? Is ones status an
essential part of his identity?
ARTICLE 179 - ILLEGAL USE OF UNIFORMS OR INSIGNIA
Supposing a PNP officer who was dismissed from service wore his
uniform and went to a public function. May he be liable? Yes. He is
no longer authorized to wear the uniform.
Supposing P went to a whore house. He went to a room with many

girls wearing different uniforms including those of a nun, a nurse, a
student, and a fire fighter. May the girls be liable? Yes.
37
ARTICLE 180 - FALSE TESTIMONY AGAINST A DEFENDANT
Supposing C falsely testified in a criminal case against his neighbor.

Testimony was not given credence. May he still be liable for Article
180? Yes. What the law punishes is the mere act of giving false
testimony in a case. Whether it is believed by the court or not is
immaterial as it has the tendency to degrade the administration of
justice and mislead justice.
ARTICLE 181 - FALSE TESTIMONY FAVORABLE TO THE

DEFENDANT
Supposing M was a defendant in a criminal case. He falsely testified

in court in his favor. May he be prosecuted for false testimony in
favorable to the defendant? Yes - while he has the right to testify in
his behalf, this right do not carry with it the right to testify falsely.
ARTICLE 182 - FALSE TESTIMONY IN CIVIL CASES
ARTICLE 183 - FALSE TESTIMONY IN OTHER CASES AND PERJURY

IN SOLEMN AFFIRMATION
Suppose a person died. The heirs cannot agree extrajudicially. In the

course of the judicial settlement, one of the heirs testified falsely. Is
he liable? Yes. The judicial settlement is neither a criminal nor civil
case
Supposing a guardianship proceeding is pending in court. In order

that this be approved, X testified falsely in his favor. Is a
guardianship proceeding a civil case? No. It is a special proceeding.
What crime is he liable for? Perjury
Supposing an employee files an illegal dismissal proceeding. He

executed a false affidavit. What crime may he be liable for? Perjury
38
May perjury be committed thru negligence, imprudence? No. There

must be a wilful and deliberate assertion of falsehood
Is good faith a defense? Yes. Assertion must be deliberate or

intentional
Supposing X needed to present drivers license for his application.

He executed an affidavit of loss which stated that his license got lost
when wallet was snatched. Truth is license was confiscated for a
traffic violation. What crime is he liable for? Perjury
What is a material matter? It is the main fact which is the subject of

the inquiry or any circumstance which tends to prove that fact, or any
fact or circumstance which tends to corroborate or strengthen the
testimony relative to the subject of inquiry, or which legitimately
affects the credit of any witness who testifies
Supposing G and B applied for a marriage license. B stated in his

application that he was single when truth was married but legally
separated from his ex-wife. Assuming the application was sworn
before an authorized officer. Is B liable for perjury? Yes. His status
is material matter
What if B indicated that he is 30 years old when in truth he is 45

years old. Is he liable for perjury? No, age is not a material matter
since in either case B is still capacitated to contract marriage.
What if B indicated that he is 21 years old when in truth he is only

17 years old. Is he liable for perjury? Yes, age is a material matter
because he doe not possess legal capacity to contract marriage
Supposing after finishing law, X applied to take the bar before the
SC. He said he was never convicted truth is he was previously
convicted of theft. Is perjury committed? Yes, material matter.
39
Will a false statement of an opinion under oath make accused liable

for perjury. No
Supposing a woman was involved in case of immorality. In the

course of investigation she falsely testified under oath that she is
single when in fact she was already married. Is she liable for perjury?
No. Not material matter. Status does not have a legal effect in
immorality charge
Supposing H was courting his officemate, W. She suspects he is

married and has a wife in the province. H executes an affidavit under
oath stating he is single but the truth is was already married for five
years. H gives it to W although she never asked him to submit such.
May H be liable for perjury? Yes. It is not necessary that the
executed affidavit is required by law. It is enough that it is authorized
by law.
ARTICLE 184 - OFFERING FALSE TESTIMONY IN EVIDENCE
------------------------------------------------------------------------------------
RA 9165 DANGEROUS DRUGS ACT OF 2002
Difference between Dangerous Drugs (DD) and Controlled

Precursors and Essential Chemicals (CP/EC)
Punishable Acts:
1. Importation (DD and CP/EC)
mere conspiracy or attempt is punishable
persons liable: manager, organizer, financier, protector/coddler
40
2. Sale, Trading, Administration, Dispensation, Delivery,

Distribution and Transportation (DD and CP/EC)
persons liable: manager, organizer, financier, protector/coddler,
broker
Max Penalty:
-minors/mentally incapacitated persons used as couriers or
messengers;
-victim is minor/mentally incapacitated;
-proximate cause of death is DD/CP/EC;
-committed w/in 100m from school
3. Maintenance of Den, Dive or Resort (DD and CP/EC)

persons liable: (same as 1)
Max Penalty:
-DD is sold/administered to minor
-proximate cause of death is DD
Escheat (legal proceeding for forfeiture of private property in
favour of the State)
4. Employment in and Visiting Den, Dive or Resort (DD and

CP/EC)
5. Illegal Manufacture (DD and CP/EC)

persons liable: (same as 1)
Presumption: presence of CP/EC or Lab Equipment is prima facie
proof of manufacture
Max Penalty:
- committed w/ help of minors
- committed w/in 100m residential, business, school or church
premises
- employment of alien, public officer, chemical engineer or practitioner
- lab is protected by booby traps
41
- lab is concealed w/ legitimate business operations
6. Illegal Chemical Diversion (CP/EC)
7. Manufacture/Delivery of Equipment, Instrument, Apparatus

or other Paraphernalia (DD and CP/EC)
Max Penalty: minor/mentally incapacitated is used to deliver
8. Possession of Dangerous Drugs (DD)
9. Possession of Equipment, Instrument, etc. (DD)

intended for consuming, ingesting, or introduction to the human
body of substance
presumption: possession shall be prima facie evidence that possessor
has introduced into his body the DD and shall be presumed to have
violated Section 15
10. Possession during Parties, Social Gatherings, Meetings or

in the proximate company of at least 2 Persons (DD)
11.Possession of Equipment, Instrument, etc. during Parties,

Social Gatherings, etc. (DD)
12. Use of Dangerous Drugs (Section 15)

1st apprehension: 6 months rehabilitation
2nd apprehension: 6 years and 1 day to 12 years
Not applicable if offender is also found to have in his possession
such quantity of any drug; in such a case, provision of Section 11 shall
apply
Disqualified from Probation Law
13. Cultivation and Culture of Plants classified as Dangerous

Drugs or Sources thereof
persons liable: same
42
14. Failure to Maintain or Keep Records of Transactions

(DD and CP/EC)
Records of sales, dispositions, etc. of DD/CP/EC
15. Unnecessary Prescription (DD)
16. Unlawful Prescription (DD)
17. Misappropriation, Misapplication or Failure to Account

(DD and CP/EC)
seized, confiscated, or surrendered DD, plants, equipment,
proceeds and property
become property of the State
18. Benefiting from Proceeds (DD)
19. Receiving Financial or Material Contributions from Persons

found Guilty of Trafficking Dangerous Drugs (DD)
20. Planting Evidence
21. Consenting or Knowingly Tolerating any Violation of DDA

applies to public officers
22. Consenting or Tolerating Use of Vehicle or Equipment

as an instrument for commission of violation of DDA
23. Violating Rules or Regulations Issued by DDB
24. Issuance of False or Fraudulent Dangerous Drugs Test

Result
25. Violation of Confidentiality Rule

voluntary submission program
43
26. Failure or Refusal to Appear as Witness for any Violation of

DDA
27. Delay or Bungling in the Prosecution of Drug Related

Cases
Fundamental Concepts
No Plea-bargaining Rule
- for any person charged with the violation of DDA under
any provision
Non applicability of the Probation Law

- for drug pushers and drug traffickers
Influence of Dangerous Drugs during commission of

another crime
- qualifying aggravating circumstance (changes the nature
of the crime)
Public Officials found guilty of violation of DDA

-Maximum Penalty is always imposed
-no amount of ordinary mitigating circumstance will offset
(lower) penalty
Immunity from Criminal Prosecution and Punishment

does not refer to all provisions of the DDA
Requirements:
1) Person violated Sections 7 (employment in den); 11 (Possession of

DD); 12 (Possession of Paraphernalia); 14 (Possession of
Paraphernalia during parties); 15 (use of DD); and 19 (unlawful
prescription)
44
2) He voluntarily gives information about any of the following

violations: Section 4 (Importation); 5 (Sale, etc.); 6 (Maintenance of
Den); 8 (Manufacture); 10 (Manufacture of Equipment); 13
(Possession of DD during Party); 16 (Cultivation or Culture); or any
act if committed by a syndicate
3) He willingly testifies against persons who violated above

provisions
4) Information/testimony must comply with the ff conditions:

a) it is necessary for conviction
b) it is not yet in the possession of the State
c) it can be substantially corroborated on its material points
d)informant has not yet been convicted of a crime involving moral
turpitude except when no other evidence is available
e) informant shall strictly comply with condition imposed by the State
f) Informant does not appear to be the most guilty
g) No direct evidence available to state except testimony of informant
Termination of Immunity
1) If information/testimony is false, malicious, or made only to harass

or prejudice the accused
2) failure or refusal to testify w/o just cause
3) violation of condition of immunity
Effects of Termination of Immunity

-immunity shall cease and informant shall be prosecuted for the
crime committed and cited for contempt
Submission of Drug Dependent to Confinement/Treatment or

Rehabilitation
refers only to use of DD under Section 15
Drug dependent may either submit voluntarily or compulsorily
45
Voluntary Submission
a) application with the DDB by drug dependent, parents, spouse or any

relative w/in 4th civil degree of consanguinity or affinity
b) DDB files petition in court
c) Court issues examination of drug dependent
d)If positive, court issues order for rehabilitation in a center: not less
than 6 months but not more than 1 year
e) Final discharge of drug dependent from the center
discharge shall exempt him from criminal prosecution or liability
under Section 15
Provided: 1) he complied with regulations of the center, Board,
and after-care and follow-up treatment (at least 18 months); (2) he has
never been charged or convicted for any offense under the DDA,
RPC, or any special law; 3) he has no record of escape or if he has
escaped, he surrenders within one week from date of escape; and 4) he
poses no danger to himself, to his family, or to the community.
* Drug dependent who is not rehabilitated after 2nd confinement and

upon recommendation of the Board shall be charged under Section 15;
if convicted, he shall be given full credit for his stay in confinement
* Judicial and medical records of drug dependents under VSP shall

be confidential and shall not be used against him for any purpose
except to determine how many times he has voluntarily submitted
himself for the program
Compulsory Submission
1) drug dependent who refuses to submit himself to VSP
a) petition is filed by DDB in RTC

b) RTC conducts a hearing
46
c) Order by the court for examination of drug dependent by at least 2

physicians
- if physicians conclude that he is not a drug dependent, DDB shall
order his release
- if either physician finds him dependent on drugs, court will consider
all other evidence
- if court finds him a drug dependent, court shall order his
commitment
2) in the course of hearing a case, one of the parties is found to

be a
drug dependent
a) person is charged w/ offense punishable by imprisonment of less

than 6 years and 1 day and is found by court to be a drug dependent
b) Board files petition in RTC for confinement in Center
c) Hearing is conducted by the court
d)If RTC finds him a drug dependent, it shall issue an order for
commitment
e) If rehabilitated as certified, he shall be returned to the court for
discharge from the center
f) Continuation of his prosecution; if found guilty, his commitment in
Center shall be credited in full
g) If he is prosecuted under Section 15, and is not a recidivist, penalty
is deemed served in center upon his release and upon certification by
the Board and the center
* Period of prescription of offense charged shall be suspended while

he is confined in rehab
* Judicial and medical records of drug dependents under CSP or those

charged for violation of Section 15 shall be confidential and shall not
be used against him for any purpose; records of drug dependents who
are not rehabilitated or who escaped and did not surrender shall be
forwarded to the court who shall determine their use
47
Suspension of Sentence
for first-time minor offenders above 15 years of age but not over
18 years
Conditions:
a) has not been previously convicted of violation of DDA, RPC, or
other special laws
b) has not been previously committed to a center or care of a DOH
accredited physician
c) Board favorably recommends suspension of sentence
Republic Act 9344 supersedes the provisions of the DDA
15 years and below: exempted from criminal liability; while not

criminally liable, minor shall be subjected to intervention programs
above 15 and under 18: find out if minor acted w/ or w/o

discernment
reformed minor can deny that he was charged with a crime or

convicted thereof (justified misrepresentation; not liable for perjury
or falsification)
* The DOJ shall keep a confidential record of proceedings on

suspension of sentence and shall not be used for any purpose other
than to determine whether or not person accused is a first-time
minor offender
Disposition of Confiscated, Seized, or Surrendered DD, etc.
1) Physical inventory and photograph

-in presence of counsel of accused, representative from the
48
media, DOJ, and elected public official who shall sign a copy of
the inventory
2) Items submitted w/in 24 hours to PDEA Forensic Laboratory for

qualitative and quantitative examination
3) Certification of results w/in 24 hours

-if time is not sufficient, partial certification may be issued; full
certification w/in next 24 hours
4) Filing of criminal case in court
5) Ocular inspection by court w/in 72 hours from filing
6) Within next 24 hours, burning or destroying of items

-in presence of accused or his counsel, representative from the
media, DOJ, civil society, and any elected public official
7) Sworn certification of burning is issued by the Board
8) Submission to the court of certificate
9) After promulgation of judgment, the representative sample with

leave of court (approval) shall be turned over to the PDEA w/c shall
destroy the same w/in 24 hours from receipt; court is informed of
termination of the case
------------------------------------------------------------------------------------
PD 1602 ANTI-GAMBLING LAW
May the inspector be criminally liable? NO
In any of the games specified, is it necessary that there be bets

involving money or other object?
49
Sports; mere act of playing them, punishable? NO
Conductor person who manages or carries on the gambling game

or scheme
Maintainer person who sets up and furnishes the means with

which to carry on the gambling game or scheme
Supposing, you are the owner of a boat, and there is gambling going
on, are you liable? It depends, if you can prove that you have NO
knowledge of such gambling taking place, NOT liable, otherwise,
you are liable.
Supposing, in a certain mall, for every purchase worth P100, you will
be entitled to a ticket for a raffle, prize of which is MB, is it lottery?
Do you get the full value of the money? YES

Is the prize merely incidental? YES
ARTICLE 200 - GRAVE SCANDAL
How committed?
Supposing, the act was committed in the privacy of ones room, is it

grave scandal? NO, because the 4th element is missing (that the act
complained of be committed in a public place or within the public
knowledge or view)
ARTICLE 201 - IMMORAL DOCTRINES, OBSCENE PUBLICATIONS

AND EXHIBITIONS AND INDECENT SHOWS
Who are liable?
50
TEST OF OBSCENITY whether the tendency of the matter

charged as obscene is to deprave or corrupt those whose minds are
open to such immoral influence and into whose hands such a
publication may fall, and whether or not such publication or act
shocks the ordinary and common sense of men as an indecency
TEST OF OBSCENITY OF NUDE PICTURES whether the

motive of the picture, as indicated by it is pure or impure, or whether
it is naturally calculated to excite impure imaginations.
MERE nudity in pictures or paintings is NOT obscenity
ARTICLE 202 - VAGRANTS AND PROSTITUTES
Who are vagrants?
(1)Any person having no apparent means of subsistence, who has the

physical ability to work and who neglects to apply himself/herself to
some lawful calling
- batugan
(2)Any person found loitering about public or semi-public buildings or

places, or trampling or wandering about the country or the streets
without visible means of support
Supposing, X is an able-bodied man, almost always seen in public

places; means of support is through his mother who is a
laundrywoman, is he a vagrant? YES
Supposing, the mother is employed, and can provide for the

support of her son, is X still a vagrant? YES
(3)Any idle or dissolute person who lodges in houses of ill-fame;

ruffians or pimps, and those who habitually associate with prostitutes
51
(4)Any person who, not being included in the provisions of other

articles of this Code, shall be found loitering in any inhabited or
uninhabited place belonging to another without any lawful or
justifiable purpose
(5)Prostitutes
May a woman who has been in the prostitution business for the last
20 years still remain a virgin? YES, the definition of prostitutes
women who, for money or profit, habitually indulge to sexual
intercourse OR lascivious conduct
A man cannot be a prostitute from the legal point of view, instead

he is liable as a principal by indispensible cooperation
Supposing, a woman engages in sexual intercourse at least two times

a week, and does not ask her customers for money, is she a
prostitute? NO
Supposing, a woman engages in sexual intercourse once a year, and

asks for money, is she a prostitute? NO, there is no element of
habituality
Supposing, it was done with only one man but regularly, is she a
prostitute? YES
Supposing, it was done with a man for 6 months, during those acts,
the man did not pay although he kept on promising to give her
money. May the woman be considered a prostitute? Yes.
Is it necessary that money is actually received? No.
52
Supposing for every sexual act, the woman was given jewellery, may
she be considered as a prostitute? Yes - the act was still done for
profit
Supposing a squad conducted a raid in a house in Binondo known to

be a prostitution house; raiders opened a cubicle and found a
woman having sexual intercourse with a man. The squad
apprehended the woman. Is she liable? No element of habituality
was not established.
Under the same facts, what if there was proof that the woman has
been engaged in sexual intercourse with different men for money or
profit. Will she be liable? Yes. Will the man be criminally liable? Yes
as principal by indispensable cooperation.
ARTICLE 203 WHO ARE PUBLIC OFFICERS
Any person who, by direct provision of the law, popular election, or

appointment by competent authority, shall take part in the
performance of public functions in the government of the
Philippines, or shall perform in said government or any of its
branches, public duties as an employee, agent, or subordinate official,
of any rank or class.
Supposing the City Government of Manila entered into a contract

with XYX Corp. to maintain the cleanliness of the city hall of
Manila. The contract provided that the corp. would deploy its men
to clean the premises of the building. Are these people deployed by
XYX Corp. considered public officers? NO.
Is their work a public function? Yes.
53
Are they appointed by the city government itself? NO which means

they do not fall under any of the 3 ways by which a person can be
considered a public officer
ARTICLE 204 KNOWINGLY RENDERING UNJUST JUDGMENT
ARTICLE 205 JUDGMENT RENDERED THROUGH NEGLIGENCE
Will any degree of negligence make the judge liable? No the

negligence must be inexcusable.
ARTICLE 206 UNJUST INTERLOCUTORY ORDER
ARTICLE 207 MALICIOUS DELAY IN THE ADMINISTRATION OF

JUSTICE
ARTICLE 208 PROSECUTION OF OFFENSES, NEGLIGENCE AND

TOLERANCE
Manner of Commission:
(1) maliciously refraining from instituting prosecution against
violators of the law
Who may commit? Public officer who has the duty to prosecute
offender
May this be committed negligently? No.
(2) maliciously tolerating the commission of offenses
Supposing a smuggler, knowing that an illegal shipment will be

unloaded, talked to a police officer and told him not to assign any
men in the area where the shipment would be unloaded and where it
54
would pass while being transported, to which the police agreed. May
the police officer be liable? Yes.
ARTICLE 209 - BETRAYAL OF TRUST BY AN ATTORNEY OR

SOLICITOR
ARTICLE 210 - DIRECT BRIBERY
(1) By agreeing to perform, or by performing, in consideration
of any offer, promise, gift or present an act constituting a crime,
in connection with the performance of official duties.
What consummates the crime? MERE AGREEMENT to give a gift,

etc. and to do the act (between the bribe-giver and the officer)
Is it necessary that the officer actually receives the gift? NO
Is it necessary that the act constituting the crime to be committed be

actually done by the officer? NO
Supposing, the bribe-giver promised the officer a gift, but after he

got what he wanted, he did not give the give anymore, liable for
direct bribery? YES
Suppose in one case, there was an extensive cross-exam done by the

opposing counsel; the testimony of the witness for the prosecution
came to a point that it was damaging the theory of his own case and
unless corrected, the prosecution would lose the case; the lawyer for
the prosecution asked the stenographer to change certain portions of
the transcript, and he would give him P50,000; he agreed that the
changed transcript must be ready within a week; the transcript was
already available but before it could be given to the lawyer, he was
55
arrested by NBI agents. Liable? YES, because mere agreement is

enough to constitute the crime of direct bribery
What if the stenographer actually changed the transcript and handed

it to the lawyer but the latter had no enough cash and just said hed
be coming back. May the stenographer be criminally liable? What
crime/s? Yes. The stenographer is liable for direct bribery and
falsification.
What if the lawyer never came back? Is the stenographer still liable?
YES
What if the lawyer came back and gave a check which was later
dishonored for lack of funds. Still liable? Yes.
Supposing X approached a judge and told him that if he could

render a decision favorable to him (X), he will give him two nights
with a sexy dancer of his choice; the decision was rendered in favor
of X but he was not able to produce the promised dancers. May the
judge be liable? IT DEPENDS if during trial, there is insufficient
evidence from X but the decision was still rendered in his favor, the
judge may be liable for unjust judgment under Article 204.
(2) By accepting a gift in consideration of the execution of an

act, which does not constitute a crime, in connection with the
performance of his official duty.
What consummates the crime? Acceptance mere agreement to

accept the bribe does not constitute a crime
Supposing X, who was frustrated by the long line in getting his

drivers license, gave one of the employees of LTO P500 pesos to
allow him to get ahead of the line. The LTO employee accepted the
amount but just the same, he did not allow X to get ahead of the
56
others. May the LTO employee still be liable for direct bribery? YES
the bribe was already accepted
What if X merely promised to give the LTO employee P500. The

employee agreed. X was able to get ahead in the line and his license
was released. It turns out that X does not have the money. He told
the LTO employee that he would just return to pay him but he never
did. Is the LTO employee liable? No.
(3) By agreeing to refrain, or by refraining from doing

something which it its his official duty to do, in consideration of
a gift or promise.
What consummates the crime? Mere Agreement.
Supposing A was applying for a drivers license and he was supposed

to take a written exam. He placed money in the drawer of the
examiner so the latter agreed to take the exam for A. Is the examiner
liable? YES.
What if A passed the written exams but he had to wait for the results
before taking the practical exam. He did not want to wait so he
dropped P1000 in the examiners drawer. The latter immediately told
A to proceed to the practical exam. Liable? YES.
Supposing a smuggler talked to the chief of police at the time the

ship will be unloading his illegal goods. He told the chief that he will
give him a large amount of money if he will refrain from deploying
his men at the pier. The chief agreed and did not deploy his men. Is
the chief of police liable for direct bribery? YES under the first
manner of commission; refraining from deploying his men is already
a crime in itself (Article 208 dereliction of duty)
Who else may be liable for direct bribery?
57
(a) private persons who conspire with the officers

(b) accessories and accomplices
(c) principal by indispensable cooperation
* No principal by inducement they fall under Article 212 corruption
of public officials
ARTICLE 211 - INDIRECT BRIBERY
Supposing X is the owner of a taxi company and he gave a car to the

newly appointed LTFRB chairman. The chairman accepted. Is he
liable? YES.
When a public officer is prosecuted for either direct bribery or

indirect bribery, may he likewise be prosecuted for violation of RA
3019? YES.
ARTICLE 211 - A QUALIFIED BRIBERY
ARTICLE 212 - CORRUPTION OF PUBLIC OFFICIALS
PD 749 - GRANTING IMMUNITY TO GIVER OF BRIBE
Conditions for grant of immunity to a witness:

(1)his testimony must refer to consummated violations
(2)his testimony must be necessary for the conviction of the accused
(3)his testimony must not yet be in the possession of the state
(4)his testimony may be corroborated on its material points
(5)witness has not been convicted of a crime involving moral turpitude
Supposing a witness testified against a public officer and availed of

this immunity. After doing so, he refused to continue testifying.
What is the legal effect? Immunity will no longer attach. May the
witness be included in the information and be prosecuted? YES.
58
Supposing he testified but the testimony was false. Legal effect?

Immunity will not attach; witness may be prosecuted
What if he testified but the court disregarded his testimony and

acquitted the officer, is the witness still immune? No the testimony
must be necessary for conviction.
ARTICLE 213 - FRAUDS AGAINST THE PUBLIC TREASURY AND

SIMILAR OFFENSES
(1) by entering into an agreement with any interested party or

speculator or making use of any other scheme to defraud the
government, in dealing with any person with regard to
furnishing supplies, the making of contracts, or the adjustment
or settlement of accounts relating to public property or funds
Supposing the DOH appropriated P100M for medicine to be

distributed; instead of the medicine specified, in connivance with the
officer, the manufacturer distributed only medicine of inferior
quality. Liable? YES.
Supposing a contract was executed between DPWH and a private

contractor; DPWH purchased 100 trucks of gravel, 200 trucks of
sand, and 5000 bags of cement. DPWH paid the contractor the
corresponding amount for the materials but in connivance with the
officer, the contractor delivered only 10 trucks of gravel, 10 trucks of
sand, and 1000 bags of cement. Liable? YES. Liable for violation of
RA 3019? YES.
(2) by demanding, directly or indirectly, the payment of sums

different from or larger than those authorized by law in the
collection of taxes, licenses, fees, and other imposts
59
Supposing an official asked a Chinese merchant to pay for P700

thousand delinquency taxes when in fact only P500 thousand is to be
paid. Liable? YES demanded a larger sum than that authorized by
law
What if he asked for the payment of only P200 thousand. Still liable?
YES demanded payment different from that authorized by law
(3) by failing voluntarily to issue a receipt, as provided by law,

for any sum of money collected by him officially, in the
collection of taxes, licenses, fees, and other imposts
(4)by collecting or receiving, directly or indirectly, by way of

payment or otherwise, things or objects of a nature different from
that provided by law, in the collection of taxes, licenses. Fees,
and other imposts
ARTICLE 214 - OTHER FRAUDS
ARTICLE 215 - PROHIBITED TRANSACTIONS
Supposing an RTC judge, whose jurisdiction is the national capital

judicial region, purchased stocks in Ortigas. Liable? YES.
What if the RTC judge purchased stocks in Cebu. Liable? No.
ARTICLE 216 - PROHIBITED INTEREST
Supposing a minor was hospitalized and his guardian had to sell

some of the properties. With the approval of the court, the guardian
sold a property to a company where he is a majority stockholder.
Liable? YES.
Supposing the regional director of the DENR had to approve

logging concessions. An application by a company where his wife is
60
a majority stockholder was approved. Liable? YES there is indirect

benefit
What if there was a pre-nuptial agreement between them, still liable?

Not anymore.
ARTICLE 217 - MALVERSATION
Who may commit? Public officers

Any public officer? No.
Is it enough that he has the physical charge of the fund or property
to be held liable? No he must be an accountable public officer
Supposing the Director of Manila Zoo has a zoo caretaker who

works for him. The latter sold the animals in the zoo. Is the
caretaker liable for malversation? No he only has qualified charge
over the animals. In this case, the Director of the Manila Zoo is the
accountable officer.
Supposing a van was ordered confiscated for having been used in

the commission of a certain crime. However, the custodian sold the
car. Is he liable for malversation? YES the car has become public
property already.
Supposing the car was used in the transporting of shabu. Upon

conviction of the accused, the car was forfeited. The PDEA chair
sold the car. What crime may he be liable for? Violation of the
Dangerous Drugs Act
Supposing heroin was confiscated; PDEA agents sold the prohibited

drug to other. Crime? Violation of Dangerous Drugs Act.
Supposing a SWAT member was given a modern assault rifle to be

used in the performance of his job. He committed irregularities, for
61
which he was dismissed. He was ordered to return the rifle but he

refused and instead sold it. What crime may he be liable for?
Malversation even though he has been dismissed, he is still
considered an accountable officer.
The property custodian of DPWH for the construction of roads let

the equipment and materials idle. As a consequence of which, the
residents got hold of the same. What crime may the property
custodian be liable for? Malversation through
negligence/abandonment
Supposing there was a demand made to an accountable public

officer to pay within 10 days; 10 days had lapsed but he still failed to
account for the shortage. Liable? YES the presumption applies
What if there has been a criminal case filed against the officer;
thereafter, he returned the amount he misappropriated. Still liable?
YES, but the return mitigates the liability (criminal liability attaches
the moment all the elements are present and cannot be extinguished
by the return of the malversed money, which is not one of the
grounds for extinguishment of criminal liability provided for under
Article 89)
ARTICLE 218 - FAILURE OF ACCOUNTABLE OFFICER TO RENDER

ACCOUNTS
Is demand necessary? No as long as there is a law requiring the

officer to render accounts
ARTICLE 219 - FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO

RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY
ARTICLE 220 - ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
62
What constitutes the crime of technical malversation? The fact that

the officer applies the public funds or property to a public use other
than that for which such fund or property has been appropriated by
law or ordinance
ARTICLE 221 - FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR

PROPERTY
Supposing the AFP issued a check to a supplier but the disbursing

officer refused to deliver the check. Liable? YES under the first
manner (failing to make payment by a public officer who is under
obligation to make such payment from the government funds in his
possession)
ARTICLE 222 - OFFICERS INCLUDED IN THE PRECEDING

PROVISIONS
ARTICLE 223 - CONNIVING WITH OR CONSENTING TO EVASION
Supposing there is a prisoner who requested if he could go home

sine his house is just near the jail. The officer consented. Is the
officer liable? YES.
ARTICLE 224 - EVASION THROUGH NEGLIGENCE
ARTICLE 225 - ESCAPE OF PRISONER UNDER THE CUSTODY OF A

PERSON NOT A PUBLIC OFFICER
ARTICLE 226 - REMOVAL, CONCEALMENT, OR DESTRUCTION OF

DOCUMENTS
The removal should be for an illicit purpose
63
Supposing the building where the RTC is, is leaking. The

stenographer removes the papers/documents to save them. Is he
liable? No.
In concealment and destruction, the mere act of it is punishable; lack

of illicit purpose or illegal motive is not a valid defense
Supposing there are several blank application forms in the DPWH

office. One day, a personnel set it on fire. Is he liable for infidelity?
No forms are not documents
Supposing during trial, prosecution presented P100 thousand which

were used in an entrapment operation. It was kept as evidence. One
day, the clerk ran out of cash so he got P20 thousand from the
exhibit. What crime may he be liable for? Infidelity of documents.
The money bills partake the nature of a document which was used to
prove the fact of the entrapment and bribery (not to be used for
disbursing).
ARTICLE 227 - OFFICER BREAKING SEAL
ARTICLE 228 - OPENING OF CLOSED DOCUMENTS
ARTICLE 229 - REVELATION OF SECRETS BY AN OFFICER
ARTICLE 230 - PUBLIC OFFICER REVEALING SECRETS OF PRIVATE

INDIVIDUALS
Supposing an employee of the BIR disclosed your income to another

employee. Is he liable? YES a persons income is his secret
ARTICLE 231 - OPEN DISOBEDIENCE
ARTICLE 232 - DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER,

WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER
64
ARTICLE 233 - REFUSAL OF ASSISTANCE
Suppose there was no demand, may the officer to whom the

assistance was expected be liable for refusal? NO Demand must be
made; it is necessary because without demand, there can be no
refusal
ARTICLE 234 - REFUSAL TO DISCHARGE ELECTIVE OFFICE
ARTICLE 235 - MALTREATMENT OF PRISONERS
Who are the prisoners contemplated? Prisoners (by final judgment)

and detention prisoners
May it be committed by any public officer? NO only those who

have direct charge of the prisoners or detention prisoners
(1) by overdoing himself in the correction and handling of a

prisoner or detention prisoner under his charge either (a) by
imposition of punishments no authorized by the regulations, or
(b) by inflicting such punishments in a cruel humiliating manner
Supposing a detention prisoner was being suspected of having been

involved in kidnapping; one of the policemen inflicted injuries and
the detention prisoner suffered mortal wounds, which might have
caused his death were it not for the timely medical assistance. What
crime/s may the police officer be liable for? Maltreatment of
prisoners and frustrated homicide. The offenses are to be treated as
separate crimes by virtue of the provision which states in addition
to any other liability for physical injuries or damage caused
65
(2) by maltreating such prisoner t extort a confession or to obtain

some information from the prisoner
ARTICLE 236 - ANTICIPATION OF DUTIES OF A PUBLIC OFFICE
ARTICLE 237 - PROLONGING PERFORMANCE OF DUTIES AND

POWERS
ARTICLE 238 - ABANDONMENT OF OFFICE OR POSITION
ARTICLE 239 - USURPATION OF LEGISLATIVE POWERS
ARTICLE 240 - USURPATION OF EXECUTIVE FUNCTIONS
ARTICLE 241 - USURPATION OF JUDICIAL FUNCTIONS
ARTICLE 242 - DISOBEYING REQUEST FOR DISQUALIFICATION
ARTICLE 243 - ORDERS OR REQUESTS BY EXECUTIVE OFFICERS

TO ANY JUDICIAL AUTHORITY
What is the purpose of this provision? To prevent executive officers

from influencing judicial authorities
Supposing the Deputy Executive Secretary has a connection with a

strong political leader who has a pending case before a judge. The
Deputy Sec. prepares a letter addressed to the judge, which states
that any legal assistance given to the political leader will be
appreciated. Is the Deputy Sec. liable? NO. There was no order, no
suggestion, to the judge on what to do.
ARTICLE 244 - UNLAWFUL APPOINTMENTS
ARTICLE 245 - ABUSES AGAINST CHASTITY
66
Against who may it committed? Women only.
Supposing a female public officer made advances to a male prisoner.

May she be liable? Under the RPC, she may not be liable but she
may be held liable for violation of the Anti-graft and Corrupt
Practices Act.
Supposing a judge said that he will render a decision in favor of a

woman with a pending case before her provided that she would be
his sweetheart. Liable? NO the proposal is neither indecent nor
immoral (even if the judge is married)
The term wife in the third manner is misplaced. The third manner
is in reference to the second manner of commission. A woman in
custody cannot have a wife.
Supposing a judge invites a woman interested with a pending case

before him, talk to him in a motel. Is he liable? No. The invitation is
neither indecent nor immoral. The invitation is merely for them to
talk.
Supposing, under the same facts, he invites her to be his lover.

The public officer is already married. Is he liable? No. loving is
neither immoral nor indecent.
Supposing a warden and a woman detainee, both single, fall in love

and have a relationship, which resulted in the latters pregnancy. Is
warden liable? YES. Sexual intercourse outside of marriage is
immoral.
ARTICLE 246 - PARRICIDE
67
Who may be the offended party? Legitimate or illegitimate father,

mother or child; legitimate other ascendant or other descendant;
legitimate spouse
Supposing an illegitimate grandson killed his grandfather. Crime

committed? Murder or homicide, as the case may be
Spouses include those with defective or flawed marriages.

Presumption of validity of marriage applies until it is terminated by
final judicial declaration.
Supposing H and W were married; at the time of their marriage. W

was a minor whose consent was obtained through force. After three
years, W killed H. What crime did W commit? Parricide. There is a
presumption of validity of marriage.
H and W, both Filipinos, were married in Hong Kong without a

valid marriage license. When they went home to the Philippines, W
killed H. What crime may W be liable for? Parricide.
W filed a case for the declaration of nullity of her marriage to H.

Judgment was rendered but H appealed the case. While appeal was
pending, W killed H. Crime committed? Parricide.
Supposing the judgment has already become final when W killed H.

Crime? Homicide or murder, as the case may be.
ARTICLE 247 - DEATH OR PHYSICAL INJURIES INFLICTED UNDER

EXCEPTIONAL CIRCUMSTANCES
Supposing H surprised W in the act of intercourse with another

man. H fired his gun at the two of them; W was hit but according to
the doctor, the injuries W sustained were only less serious ones.
Liable? No.
68
When should the killing or the infliction of injuries take place? In the
act or immediately thereafter.
When H came home one night, he saw a man, wearing only

underwear, jump out of the window of Hs room. Convinced that
the man has had sexual intercourse his wife, H ran after him and kills
him. Can he avail of the benefits of Article 243? NO killing should
be committed after having ones spouse in the act of sexual
intercourse with another.
H saw W and her paramour both naked; H shot them. Can he avail
of the benefits of Article 243? No. He did not see them in the act of
sexual intercourse.
H saw W naked with P; both were doing lascivious acts preparatory

to the intercourse; H shot them both. May H avail of the benefits
under Article 234? No.
What does immediately thereafter mean? The discovery, the

escape, the pursuit, and the killing should all form part of a single act;
there should be no interruption
Supposing H already has a suspicion of Ws infidelity so he told her

that he was going to the province for a week when in fact, he was
not. H left home, waited for an hour and returned. H then saw W
and P in the act of intercourse. H went to the kitchen to look for a
knife but he couldnt find any; he remembered that he has a revolver
in the neighbors house so he went there. When he got his gun, P
was already playing billiards at a nearby place. H shot P dead. Is H
entitled to benefits? YES. The death of P is still the proximate result
of the outrage of H, who caught him having sexual intercourse with
his wife.
69
H surprised W in the act with P; H shot P and the bullet also hit the
houseboy who was peeping through a slightly opened window. May
H be held liable for the injuries sustained by or even the death of the
houseboy? YES. Article 247 is still a felony because it provides a
penalty. As such, H is liable for the direct, natural, and logical
consequences of his act pursuant to Article 4 of the RPC.
ARTICLE 248 - MURDER
In the absence of qualified aggravating circumstance (QAC), how

would you classify the killing of a person? Homicide.
Supposing only a generic aggravating circumstance (GAC) is present,

how would you classify the killing of a person? Homicide.
Qualified Aggravating Circumstance v. Generic Aggravating

Circumstance
(1)QAC cannot be offset by any mitigating circumstance
GAC may be offset by an ordinary mitigating circumstance
(2)QAC changes the nature of the crime
GAC does not change the nature of the crime; only increases the
penalty by period
(3)QAC - must be alleged in the information
GAC need not be alleged as long as it is proven during the trial
If a QAC is not alleged but the prosecution introduced a witness or

presented evidence proving the existence of such QAC to which the
defense counsel did not object, and such QAC was actually proven, it
still does not change the nature of the crime but only increases the
penalty.
If a person was killed and the accused was under the influence of
liquor, what crime may he be liable for? Homicide. Intoxication is an
alternative circumstance.
70
What if the accused was under the influence of a prohibited drug,

what crime may he be liable for? Murder influence of drugs in the
commission of a crime is considered a QAC under Section 25 of the
Dangerous Drugs Act.
ARTICLE 249 - HOMICIDE
ARTICLE 250 - PENALTY FOR FRUSTRATED PARRICIDE, MURDER

OR HOMICIDE
ARTICLE 251 - DEATH CAUSED IN A TUMULTUOUS AFFRAY
Supposing the person who gave the fatal blow was identified, what
crime is committed? Homicide or murder, as the case may be; the
situation is no longer contemplated under Article 251.
ARTICLE 252 - PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS

AFFRAY
Supposing the person who inflicted the physical injuries can be

identified, what crime may he be liable for? Physical injuries,
depending on the nature of the injuries inflicted.
ARTICLE 253 - GIVING ASSISTANCE TO SUICIDE
ARTICLE 254 - DISCHARGE OF FIREARMS
Supposing the accused aimed his gun at the house of his neighbor, is
he liable for discharge of firearms? No, he is only liable for alarms
and scandals.
Supposing C aimed his gun at A, but at the time it was discharged , it

was no longer aimed t A. Crime committed? Illegal discharge.
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ARTICLE 255 - INFANTICIDE
Supposing a stranger killed a two-day old child with the use of

poison. Crime? Infanticide.
Supposing a mother killed her two-day old child. Crime? Infanticide
ARTICLE 256 - INTENTIONAL ABORTION
ARTICLE 257 - UNINTENTIONAL ABORTION
May there be a crime of unintentional abortion through reckless

imprudence? No. The violence exerted against the pregnant woman
must be intentional.
Supposing a jeepney driver who was driving recklessly, hit a pregnant

woman. The impact threw the woman several meters away, as a
result of which, she suffered an abortion. Crime? At most, physical
injuries. The violence exerted was not intended.
ARTICLE 258 - ABORTION PRACTICED BY THE WOMAN HERSELF

OR BY HER PARENTS
Any mitigating circumstance? YES, if the purpose was to conceal

dishonor; only the pregnant woman is entitled to avail of such
mitigating circumstance.
ARTICLE 259 - ABORTION PRACTICED BY A PHYSICIAN OR

MIDWIFE AND DISPENSING OF ABORTIVES
ARTICLE 260 - RESPONSIBILITY OF PARTICIPANTS IN A DUEL
Supposing in the course of the duel, no one was injured or harmed,

may the combatants still be liable? YES, under the third manner .of
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commission of duel: by making a combat although no physical

injuries have been inflicted.
What if one of the combatants was seriously injured but survived,

may he still be liable for duel? YES.
ARTICLE 261 - CHALLENGING TO A DUEL
ARTICLE 262 - MUTILATION
As distinguished from physical injuries, in mutilation, there is an

intention to deprive the offended party of the use of any part his
body
Differentiate mutilation from attempted/frustrated parricide,

infanticide, homicide or murder. In the mutilation, there is merely an
intent to deprive the offended party of the use of any part of his
body; in PMHI, there is an intent to kill
ARTICLE 263 - SERIOUS PHYSICAL INJURIES
Manner of commission:
(1)by wounding
(2)by beating
(3)by assaulting
(4)by administering injurious substance (Art. 264)
Differentiate SPI from frustrated parricide, infanticide, homicide or

murder. In SPI, while the injury inflicted may be mortal or sufficient
to cause the death of a person, if there is no intention to kill, the
crime will remain SPL; in frustrated PMHI, there is an intent to kill
ARTICLE 264 - ADMINISTERING INJURIOUS SUBSTANCES OR

BEVERAGES
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ARTICLE 265 - LESS SERIOUS PHYSICAL INJURIES
ARTICLE 266 - SLIGHT PHYSICAL INJURIES AND MALTREATMENT
RA 9262 - ANTI-VIOLENCE AGAINST WOMEN AND THEIR

CHILDREN ACT
Define sexual, psychological, physical, and economic abuse.
Define stalking.
Define Battered Woman Syndrome. Does it have the same effect as a

justifying circumstance?
Who are the women protected by the law?
Supposing the offender and the woman were only phone pals and
had never met each other in person. May the man be liable under
this law? No. They victim and offender did not have a dating
relationship.
Supposing that the victim was a prostitute who had sexual

intercourse with the offender for the first time. May the offender be
liable under the law? YES. There is sexual relationship between
them.
RA Anti-Hazing Law
What is hazing? How is it committed?
Who are the persons liable and what are their liabilities?
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Which physical, mental, and psychological tests or training of the

AFP, PNP, PMA, and CAT are not considered as hazing? Those
approved by the NAPOLCOM and Secretary of National Defense.
What physical injuries are contemplated under this statute? Those

enumerated under the RPC (serious, less serious and slight physical
injuries). Abortion is not included.
ARTICLE 266-A TO 266-D RAPE
How is rape classified? As a public crime. (rape can be prosecuted de

officio, w/c means authorities can initiate the filing of the complaint)
(1)sexual act (carnal knowledge of a woman by a man)
Is it sufficient that a man has carnal knowledge of a woman? NO it

must be accompanied or attended by any of the circumstances
enumerated
May a woman be criminally liable for rape under the first manner?
- As principal by inducement? YES.
- As principal by indispensable cooperation? YES.
- As principal by direct participation? YES. ONLY if there is
conspiracy
- As an accomplice or accessory? YES.
Attendant circumstances:
(a) through force, threat or intimidation
Is it necessary for the crime to be consummated that there be full

penetration? No partial is sufficient
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In the event that force was used, what degree of resistance must be
put up by the offended party? Same as if she was defending her life
Supposing the woman did not offer any resistance; she was simply
reluctant. Is the man liable? No.
(b) when the offended party is deprived of reason or is otherwise

unconscious
Supposing the offended party was asleep. When she woke up, she
saw a man on top of her and she just let him be. Is the man still
liable? It depends. If there was already penetration before she woke
up, the man would be liable since the womans resistance is
unnecessary considering the crime had already been consummated; if
there was no penetration yet and the woman did not resist, there is
no rape.
Supposing a tablet, which has the effect of arousing a woman

sexually, was secretly dropped by a man into his dates drink. After
the effect kicks in, he invites her to his place and has sexual
intercourse with her. Is he liable? No. There were no attendant
circumstances present. The woman was simply made to loosen her
inhibitions
(c) by means of fraudulent machination or grave abuse of authority
Is it necessary that there be force, threat, or intimidation? No.
May the offender still be liable even if there is consent of the woman?
YES.
Fraudulent machinations include promise to marriage in order to

secure a womans consent to sexual intercourse
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Supposing through a promise of marriage, A agreed to have sexual

intercourse with her boyfriend; but when she became pregnant, he
disappeared. Crime committed? Rape.
Supposing a man had sexual intercourse with the daughter of his

common-law wife. The girl is 19 years old. Is he liable? YES. There
is grave abuse of authority. Also applies to professor having sexual
intercourse with student, guardian with ward, adopting father with
his adopted daughter.
(d) when the offended party is under 12 years old or is demented
If victim is a minor, the charge of rape is always accompanied by

violation of R. A. 7610
Supposing a girl worked as a prostitute who agreed to have sexual

intercourse with the accused in exchange for a certain amount of
money. She was 11 years, 11months, and 29 days old at the time of
the commission of the offense. May the accused be held liable for
rape? YES regardless of the consent of the offended party, sexual
intercourse with a child under 12 years old is always rape.
(2)sexual assault
How committed? By inserting ones penis into anothers mouth or

anal orifice or by inserting any instrument or object into the genital
or anal orifice of another person; both must be attended by any of
the circumstances enumerated in the first manner
May the offended party be male? YES.
Supposing in a rape case, there is one principal by direct

participation and 2 principals by indispensable cooperation. The
principal by direct participation marries the victim. Who benefits
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from the pardon provided by the law? The principal by direct

participation. Does the pardon extend to his co-accused? R. A. 8353
is silent. There is no official interpretation by the Supreme Court.
ARTICLE 267 - KIDNAPPING AND SERIOUS ILLEGAL DETENTION
Is it necessary that there be physical deprivation of liberty for a

person to be considered detained? No.
Supposing a person was detained in a building; he was free to roam

around but offenders did not allow him to go out of the buildings
premises. Detention? YES.
Supposing he was allowed to go out but he chose to stay inside the

building for security purposes. Detention? No.
Attendant circumstances:
(a) if the detention lasts for more than three days
Supposing the offended party is detained for only one day but is a
minor. Kidnapping? YES this would fall under the 4th
circumstance
Supposing the offended party is 45 years old and is a barangay tanod.

He was detained for two days. Kidnapping? YES this would fall
under the 4th circumstance
(b) when the detention is committed by simulating public authority
(c) when serious physical injuries are inflicted or threats to kill offended
party are made
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Supposing the infliction of physical injuries was only incidental, may

offenders still be liable? YES the law does not make distinction as
to whether the injuries were inflicted intentionally or accidentally.
(d) when the victim is a minor, a female, or a public officer
Kidnapping for ransom

- What does ransom mean? Ransom is money, price or consideration
paid or demanded for redemption of a captured person or persons; a
payment that releases one from captivity
Supposing A was courting B, female friend, but she neglected his

proposals. A kidnapped Bs sister; the condition for her release was
for B to agree to become As girlfriend. B agreed and A released her
sister. What crime did A commit? Kidnapping for ransom
Is the crime of grave threats absorbed in kidnapping? YES.
Supposing A owes X P50,000; A cannot pay so X kidnapped his

mother and would only release her if A pays his debt. What crime
may X be liable for? Kidnapping for ransom. Notwithstanding the
fact that the amount asked of is legally due to X? YES.
A borrowed a car from X but refused to return it so X kidnapped

As brother; the car was returned and the brother was released. What
crime did X commit? Kidnapping for ransom - the car was
considered ransom.
Supposing A kidnapped X and brought him to Cavite. On the same

night, A was killed. Crime committed? Murder there was no
indication of As intention to detain X. kidnapping was only
incidental.
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Supposing X was kidnapped and was brought to Laguna. Ransom

was demanded but not forthcoming so X was killed. Crime
committed? Special complex crime of kidnapping with homicide
ARTICLE 269 - UNLAWFUL ARREST
Supposing A saw B in the act of committing theft so he arrested B.

A kept him for 2-3 hours after which, he brought B to the proper
authorities. Is a liable? No - the arrest falls under valid warrantless
arrests
Supposing a police officer has been suspecting that his houseboy has
been stealing the jewellery of his wife so he took the houseboy into
custody and brought him to the municipal hall for proper action.
Liable? YES but for the crime of arbitrary detention since the
offender is a public officer.
What if there was already an order for the suspension of the police
officer at the time he arrested his houseboy. Still liable? YES, this
time for unlawful arrest.
Supposing X suspected that his maid has been taking the jewellery of
his mother so X took his maid to the police. Liable? YES. There is
only mere suspicion. Arrest is not a valid warrantless arrest.
ARTICLE 270 - KIDNAPPING AND FAILURE TO RETURN A MINOR
May the parents be criminally liable for this crime? YES, if they are
separated and one of them fails to return the child to the others
custody
Supposing H and W were legally separated; custody of the child

from Monday-Friday is with W while it was with H during the
weekends. One weekend, H brought the child to the province, and
after five days, they still had not returned. Is H liable? YES.
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Supposing in a judicial proceeding, the mother was deprived of the

custody of her children which was granted to the DSWD. The
mother took her children and did not allow DSWD to take them.
Liable?
ARTICLE 271 - INDUCING A MINOR TO ABANDON HIS HOME
Supposing the accused assembled some minors in the province and

told them about Manila. The minors were mesmerized by his stories
of the life in the city. That evening, when the accused was about to
leave for Manila, he saw three minors who wanted to go with him.
He took them with him to Manila. Liable? No.
Supposing the accused persuaded the minors to go with him to

Manila with the promise of giving them lucrative jobs. The minors
went with the accused. Liable? YES.
ARTICLE 272 - SLAVERY
ARTICLE 273 - EXPLOITATION OF CHILD LABOR
ARTICLE 274 - SERVICES RENDERED UNDER COMPULSION IN

PAYMENT OF DEBT
ARTICLE 275 - ABANDONMENT OF PERSONS IN DANGER AND

ABANDONMENT OF ONES OWN VICTIM
(1)by failing to render assistance to any person whom the offender

finds in an uninhabited place wounded or in danger of dying
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Supposing the person X found did not have a wound but just fainted
and lost consciousness; X did not give him any assistance. Liable?
No.
What if he was unconscious because of starvation, is X liable if he

did not render assistance? YES.
(2)by failing to help or render assistance to another whom the offender

has accidentally wounded or injured
Supposing X intentionally injured somebody in an isolated place and

left him there. Is X liable? No.
(3)by failing to deliver a child, under 7 years of age, whom the offender
has found abandoned to the authorities or to his family, or by failing to
take him to a safe place
Is it necessary that the minor be wounded? No, but the minor must
be found in an unsafe place.
ARTICLE 276 - ABANDONING A MINOR
The purpose of abandonment is to avoid the obligation of taking care

of such minor
ARTICLE 277 - ABANDONMENT OF MINOR BY PERSON

ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF PARENTS
In indifference of parents, may the parents also be liable for violation

of RA 7610(Anti-Child Abuse Law)? YES.
ARTICLE 278 - EXPLOITATION OF MINORS
ARTICLE 279 - ADDITIONAL PENALTIES FOR OTHER OFFENSES
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ARTICLE 280 - QUALIFIED TRESPASS TO DWELLING
Supposing the offender was a public officer. What crime may he be

liable for? Violation of domicile.
Supposing the back door was open, accused entered through the
said door. The owner saw him and told him to leave but he did not.
Liable? No. Entry was not against the will of the owner.
Possible defenses in trespass to dwelling:
(1)purpose was to prevent harm on the accused, the owner of the

dwelling, or third person
(2)purpose is to render some service to humanity or justice
(3)place is a caf, tavern, inn, and other public house, while the same is
open
ARTICLE 281 - OTHER FORMS OF TRESPASS
ARTICLE 282 - GRAVE THREATS
Supposing the threat was made and it was relayed to the person after
three hours. Is offender still liable? YES.
If the threat was used as a means to commit another crime, the threat
is absorbed in such crime.
ARTICLE 283 - LIGHT THREATS
Supposing X made the following threat to Y:
- If you dont lend me your book, I will be forced to cheat. What

crime may X be liable for? Light threats
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- If you dont allow me to cheat, I will take your book and sell it.
What crime may X be liable for? Grave threats
- If you dont lend me your book, I not pay my debt. What crime
may X be liable for? Light threats
ARTICLE 284 - BOND FOR GOOD BEHAVIOR
ARTICLE 285 - OTHER LIGHT THREATS
ARTICLE 286 - GRAVE COERCIONS
Supposing a police officer, through violence, prevented X from

joining the NPA. May the police officer be liable? No the police
officer is justified.
Several armed men surrounded the farm in a certain area. Because of

their fear, the farmers did not go out of their house to harvest palay.
What crime may the armed men be liable for? Grave threats.
Supposing A boarded a taxi and the taxi brought you somewhere

despite your efforts to stop the driver. Liable? No.
ARTICLE 287 - LIGHT COERCIONS
Supposing the purpose of the seizure by offender was to sell the

properties seized and not to apply to the debt. Crime committed?
Robbery there was intent to gain (assuming there was violence in
the seizure)
Distinguish from services rendered under compulsion of debt under

Article 274. Under Article 274, suppose X is indebted to A but he
cannot pay. A asked X to work as a janitor in his office as payment
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for his debt. Liable? No he must have been made to work as a

household servant or far laborer.
ARTICLE 288 & ARTICLE 289

Articles 288 and 289 are now covered by the provisions of the Labor
Code.
ROBBERY
Supposing a person was divested of his cell phone. As the robbers

were fleeing, they were in turn, divested of the cell phone they took
from you. Are the robbers liable? YES.
When the thing taken is a motor vehicle, crime committed is always

carnapping, whether it was taken with or without force, violence, etc.
What is essential is the subject matter of the crime. Same is true with
violation of Anti-cattle rustling law. The subject taken is large cattle.
Supposing A stole a car with jewellery and money inside. What crime
is he liable for? Carnapping.
Supposing an offender has taken possession of the object but

offended party fought back and was able to retrieve his stolen
property. Is offender still liable? YES. The crime is consummated by
the mere act of taking. It is not necessary that offender has had
sufficient time to dispose of the object or property. Its return does
not preclude the existence of robbery.
Supposing you threaten another person to retrieve your personal

property. Are you liable for robbery? No. There is no intent to gain.
ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF

PERSONS:
85
Supposing A, B, and C wanted to rob the wealthiest family in the

barangay. On their way to the house, they saw one of its residents
and killed him in order there will be no opposition during the
robbery. They then proceeded to the house and robbed it. What
crime are they liable for? Robbery with homicide.
Supposing during a robbery a shoot-out ensues between the robbers

and the son of the owner of the house. One of the robbers is killed.
What crime are they liable for? Robbery with homicide. So long as a
person is killed by reason or on occasion of the robbery.
Supposing that while fleeing, robbers saw a person who witnessed

the crime and killed him. Crime? Robbery with homicide.
If during the robbery, a policemen responded and was killed during

the shoot-out. What crime are the robbers liable for? Robbery with
homicide.
Supposing robbers escaped and policemen were able to catch up

with them in another province. During the shoot-out, one robber
was killed while two policemen were injured. What crime are they
liable for? Robbery with homicide and physical injuries.
Homicide is given a generic meaning; it contemplates parricide,

murder, and infanticide.
Supposing a robber accidentally pulled the trigger of his gun and

killed another robber who was his son. Crime committed? Robbery
with homicide; not parricide.
Supposing a maid was hogtied and killed by robbers. Crime?

Robbery with homicide even if there is treachery.
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Supposing a robber stepped on a two-day old child instantly killing

the latter. Crime? Robbery with homicide; not infanticide.
Distinguish robbery from direct bribery: In both, there is

intimidation. If threat of prosecution was used to make a person part
from his money and person actually committed a crime and was
intimidated to part with his money there is bribery. However, if
charges were merely concocted, the crime committed is robbery.
Supposing there is a restaurant which was inspected by sanitary

officers and thereafter a violation of cleanliness ordinance was
discovered. The sanitation officers intimidated the Chinese owner
with threats of legal cases and asked for P50,000 in exchange for
their silence. Chinese owner gives them the said amount. What crime
are the sanitation officers liable for? Direct Bribery.
Under the same facts, if there is actually no violation of cleanliness

ordinance and threats of prosecution are based on concocted facts,
the crime committed by the sanitary officers is robbery.
Supposing five robbers agreed to commit crime of robbery of Bank

X only. The bank manager was shot dead by one of the robbers.
Who is/are liable for the killing of the bank manager? All members
of the band shall be equally liable as principals. Unless, being present
in the scene of the crime, they attempted to prevent the killing or
assault of another person by their co-robber (except if there is an
agreement to kill all those who get in their way.)
Supposing A, B, and C conspired to rob the house of X; C took a

woman out of the house and raped her. Liability? A and B robbery
only; C robbery with rape. A and B were not present when C
raped the woman so they were not in the position to prevent C from
committing the rape.
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ROBBERY WITH FORCE UPON THINGS:
Supposing a man slashes the bag of a passer-by and takes her cell
phone and wallet. What crime is committed? Theft. The use of force
upon things must be used as a means to gain entry to a building or
house.
Supposing a part of the house was set on fire by the accused in order
to divert the attention of the household members while his co-
accused robbed the house. Crime committed? Robbery with arson.
Supposing after a robbery was committed in a public bus, the vehicle

was set on fire. Is the crime committed a special complex crime of
robbery with arson? No. the robbery was already consummated
when the bus was set on fire.
The concept of dependencies

Supposing there is a house; adjacent to it is a grocery and there is a
door connecting the two. The offender destroys the door of the
grocery and enters thru the connecting door and robbed the house.
Liable? YES. Robbery with force upon things.
1) in an inhabited house, public building, or edifice devoted to

worship
a) unlawful entry (effected through opening not made for entrance)
Supposing offender entered through the window of a house and

stole valuables. Crime committed? Robbery.
Supposing owners use the window for entering the house. Offender
entered through the window and stole valuables. Crime committed?
88
Theft. If offender entered through the door the crime committed is

robbery.
Supposing the offender, after breaking the window, reaches for

valuables inside the house. Crime committed? Theft. Force upon
things was not used as a means to enter the house.
Supposing accused broke the window of a car and took valuables

within his arms reach. Crime committed? Theft.
Supposing there is a warehouse. Accused entered through the slide

opening and took 50 cavans of rice. Crime committed? Robbery.
There is unlawful entry
b) breaking door (external), wall, window, roof, floor
Supposing accused entered through the door of a house. After

taking valuables, offender breaks the window in order to escape.
Crime committed? Theft. The window was not broken to effect
entrance
Supposing a carport is enclosed with a gate. Accused broke the gate

and took the vehicle inside the carport. Crime committed?
Carnapping. If offenders took valuables inside, the crime is robbery.
Supposing offender took the stolen car to a nearby street, removed

its stereo and fled leaving the car behind. Crime committed?
Carnapping. There is material possession of the car
c) through the use of picklocks or false keys
Picklock: used solely for the commission of the crime; mere

possession is punishable.
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False key: includes a genuine key stolen from owner
Supposing A used a false key to open the door of their neighbors

house; when he opened the door, he saw a motorcycle in the sala
and took it. What crime may A be liable for? Carnapping
d) by simulating or pretending to be a public authority
Supposing a Meralco lineman asked permission to conduct electrical

inspection inside your house. Upon entry, he takes your property. It
turns out, he was merely purporting himself to be Meralce lineman.
Is he liable for robbery? No. A Meralco lineman is not a person in
authority.
e) use of fictitious name
Supposing X pretended to be a long lost relative to gain your

permission to sleep in your house for the night. Once inside, he
takes your valuable items. Crime committed? Theft. There is no use
of fictitious name.
f) by breaking door (internal), wardrobe, chest, locked or sealed

furniture or receptacle
Supposing a husband and wife locked the door of the masters

bedroom when they left for work. The offender broke the door and
took the couples jewellery. Crime commited? Robbery.
Supposing the door of the masters bedroom was not closed.

Offender entered and took a locked jewellery box. He then
destroyed the lock and took the valuables. Crime committed?
Robbery.
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Supposing the said jewellery box is not locked or sealed but merely
closed. The offender, thinking it was locked, destroyed the box and
took the jewellery. Crime committed? Theft.
g) by removing or taking away such locked or sealed furniture, chest,

receptacle to be broken or forced open outside the place of robbery
Supposing the offender took a sealed jewellery box from an

inhabited house and brought it outside and broke it open. What
crime did he commit? Robbery. If what he broke outside the
inhabited house was a closed jewellery box, what crime did he
commit? Theft.
Supposing offender took a sealed jewellery box from an inhabited

house with the intention to break it outside. However, the son of the
owner catches him with the box while he was on his way out. Crime
committed? Consummated robbery. The box need not be broken.
The crime is consummated by the mere act of taking.
2) in an uninhabited house or public building
a) unlawful entry (effected through opening not made for entrance)
b) breaking door (external), wall, window, roof, floor
c) through the use of picklocks or false keys
d) by breaking door (internal), wardrobe, chest, sealed or closed furniture

or receptacle
Supposing the offender breaks open a locked receptacle from an

uninhabited house. Crime committed? Theft. If the receptacle was
sealed or closed, the crime committed is robbery with force upon
things.
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Supposing a passer-by saw a locked jewellery box inside a parked car.

He breaks the window of the car and takes the jewellery box home
where he planned to force it open. Crime committed? Theft.
e) by removing or taking away such sealed or closed furniture, chest,

receptacle to be broken or forced open outside the place of robbery
ARTICLE 310 - QUALIFIED THEFT
When theft is committed by a domestic servant; or act is committed

with grave abuse of confidence; or taking of coconut from a coconut
farm or plantation; or taking of fish from a fishpond or fishery.
PD 1612 - ANTI-FENCING LAW
Can be prosecuted concurrently with theft or robbery under the RPC
Fence: any person who buys, sells, acquires, possesses, keeps,

conceals, or disposes of stolen items (subject of robbery and theft)
and knows that such items were stolen.
Purchasing unlicensed car parts may make the buyer liable for
violation of the Anti-Fencing Law. The seller is required to acquire
license before selling such second-hand items.
PD 532 - ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW
If a crime of robbery is committed on the streets, or on any highway,

road, or bridge indiscriminately it is highway robbery under P. D.
532. If it is committed through a solitary act, the crime is simple
robbery only.
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Supposing offenders rode a bus and, while it was travelling along

EDSA, divested the other passengers of their valuables. Crime
committed? Simple robbery only. Act is solitary.
Offender benefiting from the proceeds of crime committed

punishable under P.D. 532 is punished as a co-principal.
ARTICLE 315 - SWINDLING
Theft v. Estafa
- THEFT = Material Possession + Misappropriation
- ESTAFA = Juridical Possession + Material Possession +

Misappropriation
- NO CRIME (only civil liability) = Ownership + Juridical Possession

+ Material Possession + Misappropriation
Material Possession (MP): there is only actual, physical possession of

the property; owner has better right than possessor; also called
physical possession
Juridical Possession (JP): is present when possession arises from

lawful transactions either by a contract of agreement, expressed or
implied, written or verbal; or by virtue of a provision of the law
Ownership of property: There is ownership when there is no more

obligation to return exactly the same property given or lent to the
accused; ownership is transferred to him
Supposing a professor owns a criminal law book. A Student

approaches him and borrows the book knowing it contains personal
notations by the professor. The professor lends the book until
March 17.
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Is there MP? YES.
Is there JP? YES, based on the verbal agreement (there is a contract)
Does the student have a better right over the book than the
professor? YES. There is lawful transfer of possession based on the
contract.
Supposing the following day, the professor asks for the book. May
the student refuse to return it? YES. Student has better right over it.
Supposing on March 17, the professor asks for the book but student
tells him that he could no longer return it because he sold it to
another student. What crime is committed? Estafa. (MP + JP + Mis)
Supposing a professor asks his student to bring the book to his

office in Makati. Student takes the book to Recto instead and sells it
to a bookstore. What crime is committed? THEFT. (MP + Mis)
There is no JP since there is no agreement nor contract between
them to give student better right over the book.
Supposing after an hour, the professor changes his mind asks the
student for the return of the book. May he do so? YES. The
professor still has better right over the book and may ask for its
return at any time. Only MP was given to the student.
In ordinary cases of theft, property is taken. In estafa, with abuse of

confidence, property is voluntarily lent or given to the offender.
Supposing the professor lends his book to his student and asks
about what will happen if the latter cannot return the book. The
student suggests that if he loses the book he will give the professor
the latest edition of the book to take its place. The professor agrees.
Is student bound to return the exact same book? No.
94
MP? YES. JP? YES. Ownership? YES student is no longer

obliged to return the borrowed item.
Supposing the student sold the book. What crime did he commit?
No crime. He is civilly liable only.
Supposing A borrows his neighbors bike for five days. On the sixth
day, A is unable to return the bike because he sold it to another
person. What crime may A be liable for? Estafa. (MP + JP + Mis)
If A was merely asked by his neighbor to bring the bike to a shop for
repair, but A sells it instead, what crime may A be liable for? Theft
(MP + Mis)
If A was told to return the bike on the sixth day from the day it was
borrowed but both he and the neighbor agreed that if it cannot be
returned, A will give his neighbor a new bike instead, what crime
may A be liable for if he misappropriates the bike? No crime. But A
is civilly liable.
Supposing S has been keeping a 1,000 peso bill in his wallet for 25
years. G borrows the bill. Just to be sure that G returns the exact
bill, S issues a receipt which states the serial number of the bill. G
fails to return the bill and spends it for himself. What crime? Estafa.
(MP + JP + Mis)
Supposing G borrows P500 from S. S give the student 1,000 pesos

instructing the student to have it denominated to two P500 bills, take
one of the bills and return the other to him. G never returns the
P500. What crime may he be liable for? Theft. (MP + Mis)
G borrows a P1,000 bill from S, subject to the condition that if in

case it cannot be returned, G will give S twice the amount plus
interest instead. S agrees. If G misappropriates the amount
95
borrowed, what crime may he be liable for? No crime. There is

ownership already.
Supposing F approaches Y to borrow the latters car and to use it as

a bridal vehicle for his cousins wedding. Y lends it to be returned on
Monday. If F does not return the car and sells it to another person,
what crime is he liable for? Estafa. (MP + JP + Mis)
Supposing Y lends his car to F with the agreement to return it on the

day after the wedding. Both agreed that if the car was not returned,
F will give a better and newer model instead. If F misappropriates
the car, what crime is he liable for? No crime. Ownership was
already given since F was not obliged to return the same car to Y.
Supposing P gives his car keys to his driver and instructs him to fill
up his car with gas. Driver never returns and sells the car to his
friend. What crime may the driver be liable for? Carnapping. Subject
of theft is a motor vehicle (MP + Mis)
What kind of possession does a bank teller have over the money
deposited by the banks clients? Material possession only.
Supposing bank teller takes the money deposited by a client. What

crime may the teller be liable for? Qualified Theft. The crime of theft
is committed with abuse of confidence.
Supposing the accused, a public officer in charge of purchasing

supplies, was given the money to purchase high quality rice; he made
an agreement with the supplier of to provide for 50 sacks of rice at
half the price. Crime committed? Frauds against the public treasury
under Article 213.
Supposing a school asks for deposit in case of breakages. At the end

of the school year, the student asks for the deposit arguing that no
breakages occurred. The school refuses to return the amount
96
deposited. May the school be liable for estafa? No. The school is not
bound to return the exact money bills paid by the student.
Ownership is transferred to the school.
Supposing a sales representative of an appliance company

approached X as a prospective customer, explained the benefits of
the appliance he was selling. Not convinced, he gave X a trial period
of one week, after which, if the product is not returned, it would be
considered sold. X no longer returned the product because he had
sold it to another. Was there misappropriation? YES. But could X
be liable for estafa? No.
If a particular property is given to another through a contract of

deposit and depository misappropriates it and cannot return the
same, the depository is liable for estafa.
Supposing a company was bound to deliver a package to X but the

package was delivered to M instead. It turns out, M and X had the
same name. M takes possession of the property in trust for the true
owner (based on the provision of the law). If M misappropriates the
contents of the package, is he liable for estafa? YES.
Conversion: disposing of property and acting as if one is the owner

of a property; acting in violation of a condition agreed or imposed
upon. Determine if there is a violation of the terms and conditions by
the agent against the principal. If there is, conversion exists because
the agent acted beyond authority given to him.
Supposing when the pieces of jewellery were given to X. he was

merely instructed by Y to sell it within 30 days, and if not sold, to
return the same. X sold the items on credit. Was the sale on credit
within the scope of the authority of X? YES. May he be liable for
estafa? No.
97
What if instead of selling it, X gave the jewellery to a sub-agent who

sold it to Z, who could not pay. Is X liable for estafa? No - there was
no express prohibition for X to give the items to a sub-agent; if there
is an express prohibition, X is liable for estafa because there would
be conversion in that case.
Supposing A owns a jewellery worth P100,000. A gives it to B for

the latter to sell it at a price less than 100K. They agree that if B
succeeds, he shall receive 10% commission. B goes to C and asks
him to sell the property on the same condition with a commission of
5%. C does not sell the jewellery and keeps it for himself. May B be
liable for estafa? No. Owner gave the jewellery to the agent for the
latter to sell it. The agent in turn gives it to a sub-agent also for the
jewellery to be sold. Therefore, the agent, B, acted within authority
given to him by the owner. There is no conversion.
Under the same facts but A tells B that he is prohibited from giving
it to a sub-agent. B gives it to a sub-agent who misappropriates the
jewellery. May B be liable for estafa? YES. B acted beyond the
authority given to him. There is conversion committed by B
A tells B to sell the jewellery based on cash basis but B sells the
jewellery on instalment basis to his officemate. After few days, the
officemate loses her job and could no longer pay the instalments
agreed upon. Is B liable for estafa? YES. There is conversion. B
acted in violation of prior agreement.
Supposing an importer receives goods in trust. The ownership of the

goods remains with the bank who fully paid such goods. The
importer is bound to pay the bank the proceeds of the sale of the
goods or to return the same to the bank. If importer fails to pay the
bank and to return the goods, is he liable for estafa? YES. The
importer is guilty of estafa by misappropriation.
98
Estafa cannot be committed by a partner in a partnership; by a co-

owner or by a joint owner of a property. However, if partner, joint
owner, or co-owner misappropriates property which is already
separated or given to a third person or entirely to the other partner,
the misappropriator may be held liable for estafa.
Supposing D, a partner to a business, was tasked to pay taxes for the

business. Istead of paying the taxes, D used the money to play in the
casino and lost all of it. May D be liable for estafa? YES. The money
was misappropriated. It was given for a specific purpose.
Supposing the administrator of the estate of deceased L,

misappropriated certain properties of L. May L be liable for estafa?
YES. The property was given to him in trust.
Supposing A pawned his cell phone but the pawnshop did not
return the item even after As redemption of the same. May the
pawnshop be liable for estafa? YES. The cell phone was given to
them in trust.
Novation of the contract or obligation: Is novation a ground to

extinguish criminal liability? No. The grounds for the extinguishment
of criminal liability are enumerated in Article 89 of the RPC.
Novation is not one of the grounds stated therein. Moreover,
novation is a change or amendment of terms or conditions agreed
upon by the parties who are private individuals. It is not within the
power of private individuals to extinguish criminal liability.
Supposing ABC Corp. employs collection agents around the country

who are obliged to collect amounts within their jurisdiction for the
company. ABC Corp has a policy that collections are to be remitted
within 30 days from collection. J, a Cebu collecting agent, collected
P500,000 on December 1, 2008 giving him until December 31 to
remit the amount collected.
99
Supposing one night, J played in the casino with his girlfriend and
her family. In the course of their stay, J lost the entire amount.
Assuming it was December 10, 2008, is J liable for estafa? No. There
is no obligation until December 31.
Supposing that on December 31, J failed to remit the amount, is he

liable for estafa? YES. J was holding the amount in trust and he
already has the obligation to return it to its rightful owner.
Supposing after December 31, the company gives J a demand letter

for the money giving him five days to turn it over. On January 5, J
made no payment. Two days later, J executes a promissory note to
assuring payment of the amount through monthly instalments. The
president accepts the condition. After three months, J defaults in
payment. May J be charged of estafa? YES. The criminal liability of J
has already attached since his obligation to pay arose on December
31. There is a presumption of misappropriation when he failed to
remit the amount collected. Even if the promissory note was a valid
novation of his initial obligation, this does not bear any effect to his
criminal liability.
Supposing on December 23, J went to Manila and confessed to the

president of ABC Corp that he had misappropriated the money. J
asked for forgiveness and suggested that he will repay the amount
through salary deduction every month. On the same day, J signs a
promissory note prepared by the companys lawyer, upon the
approval of the president. After two months, J was fired and could
no longer pay the balance. May the company charge J with estafa?
No. There was no crime since the obligation does not arise until
December 31. The promissory note executed on December 23 is a
valid novation of the initial obligation. Since there is no obligation,
there is no estafa committed. It does not extinguish criminal liability
because there is no criminal liability to speak of.
100
Postdating of the check should be prior to or simultaneous with the

contracting of the obligation. If it is issued in payment of a pre-
existing debt, there is only civil liability.
Supposing one afternoon, E purchases grocery items worth P10,000

from V. Since E does not have enough cash at that time, he issues a
check in payment of the items bought. V agrees and allows E to take
the grocery items home. If the check bounce, may E be liable for
estafa? YES. The check was issued simultaneously with the
contracting of the debt.
Supposing before the check was encashed, E takes it back and issues
a different check. When the later check was encashed, it turned out
that the account did not have sufficient funds. May E be liable for
estafa? No. The later check was issued for payment of a pre-existing
debt. May E be liable for violation of B.P. 22? YES.
Infidelity in the custody of papers v. estafa

- In infidelity, the offender must be a public officer in charge with the
custody of documents removed, concealed or destroyed; in estafa, the
crime may be committed by any person. In infidelity, the intent to
defraud is not needed while in estafa, the act must be done with intent
to defraud.
Supposing a client destroys the documents of a bank to conceal fact

of the existence of a loan. What crime is he liable for? Estafa. There
is intent to defraud.
BATAS PAMBANSA BLG. 22 - ANTI-BOUNCING CHECKS LAW
Good faith and honest intention are not defenses in a prosecution for
violation of B.P. 22. since it follows general principles of malum
prohibitum; it does not punish a person for non-payment of
contractual debt but for issuing a bum check; it was enacted to
101
protect the interest of people in checks as a substitute for money; a

worthless check is detrimental if placed in circulation
(1) Making or drawing and issuing any check to apply on

account or for value (Maker, issuer, drawer are punished but
endorser is not; the co-conspirators are also liable)
1st Requisite person issues, makes or draws check in payment of

account or for value
- Even if check is issued as a guarantee for the obligation of another or

only as collateral or security for the monetary obligation of another,
the issuer is still liable under B.P. 22
Supposing A issues a check to B, anticipating that in the following

week, funds were coming in from payments to be made by his other
clients. The check is postdated for the following week. When B
encashed the check, it was dishonored for lack of funds. A sets up
good faith as a defense and honest belief that his other clients would
be paying him in the amount that would suffice payment of his
obligation on time. Is A liable for violating B.P. 22? YES.
Supposing A issued a check as evidence of a long time agreement

with B. On the back of the check, A indicated that the check is not
intended for payment but merely to evidence an existing obligation.
If the check bounces, may A be liable for violation of B.P. 22? No.
The check is not issued as payment of obligation or for value.
2nd Requisite check is dishonoured by the bank for lack of funds,

insufficiency of funds, or that account is closed
102
If the check is dishonored for any other reason, there is no violation

of B.P. 22, provided that the account of the issuer had sufficient
funds
Supposing at the time A issued a check for P100,000, he had

P200,000 in the bank. Before the presentation of the check, A gave
notice to the bank to stop payment because the payee did not
comply with his obligation. May A be liable for violation of B.P. 22
if the check is dishonored by the bank? No. A had sufficient funds
and reason for the dishonor was the stop payment notice.
Supposing A did not have enough money to pay the debt and he
knew of the insufficiency of the fund. May he be liable for violation
of B.P. 22? YES. The check would have been dishonored just the
same for insufficiency of funds.
3rd Requisite Payee or holder gives notice of dishonor and

demands the value of the check
A verbal demand is not acceptable; there should be a formal, written

demand of payment
4th Requisite the maker, drawer, or issuer, having seen the notice
of dishonor or demand of payment, fails to pay the amount of the
check within five banking days
All of the requisites must concur
Will the mere issuance of a bum check make a person liable for
violation of B.P. 22? No. Issuance of a worthless check is not a
crime.
Will the dishonor by the bank of the check make the issuer liable?
No.
103
Is the mere evidence of notice sufficient? No. There must be

evidence of receipt of the notice of dishonour or demand of
payment.
Upon receipt of the notice of dishonor, is issuer already liable? No.

He is still given five banking days to pay. Failure to pay after such
period will make the person liable. After such period, presumption of
knowledge of the insufficiency of funds on the part of the accused
sets in.
(2) Failure to maintain sufficient funds to cover the value of the

check in the event the check is presented for payment
B.P. 22 gives the issuer the obligation to maintain in his account

sufficient value to cover the amount of the check issued for a period
of 90 days counted from the date appearing on the check (date of
issuance.)
Supposing A issues a check and at that time, A had more than

enough funds to cover the value of the check. Before the 90-day
period elapsed, A withdrew the amount sufficient to cover the value
of the check. May he be liable for violation of B.P. 22? YES.
Supposing B presented to the bank a check issued to him by A

beyond 90 days from the date of issuance. The check was
dishonored for lack of funds. May he be liable for violation of B.P.
22? According to a decision of the Supreme Court YES the issuer
is still liable.
The law requires banks and financial institutions to indicate on the

face of the check or on its back, the reason for dishonoring the same.
104
Is it necessary to have a testimony from a bank employee to back up

the claim of presumption of knowledge? No. If the requisites concur,
there is already a prima facie evidence of violation of B.P. 22.
Penalty is a fine twice the amount of the value of the check but not
exceeding P200,000 or imprisonment of one year or both. SC issued
a circular instructing lower courts to impose only the penalty of a
fine. This is o because unless the accused is a blatant violator of B.P.
22, the court adopts a liberal view against the accused.
ARTICLE 316 - OTHER FORMS OF SWINDLING
Supposing A runs out of cash so he pledges his cell phone to B for

P5,000. Their agreement was for A to pay back the amount within
30 days and for B to return the cell phone. After a week, B leaves the
cell phone on his table. A sees it lying around so he takes it. Is A
liable? YES. A is liable for other forms of swindling under Article
316. At the time of the taking, B, by virtue of the agreement, has the
lawful possession of the cell phone even if A is the owner. The
taking is wrongful.
ARTICLE 320 - ARSON
Supposing X, with intent to kill, intentionally burned T to death

what crime did X commit? Murder.
Supposing N burned the body of O. O was already dead. What

crime? Arson.
ARTICLE 327 - WHO ARE LIABLE FOR MALICIOUS MISCHIEF
It cannot be committed negligently; it must be deliberate.
ARTICLE 332 - PERSONS EXEMPT FROM CRIMINAL LIABILITY
105
Applies only when the crime of either theft, estafa, or malicious

mischief is committed or mutually caused by:
1) spouses, ascendants or descendants, or relatives by affinity within

the same line
2) widowed spouse with respect to the property of deceased

spousebefore the same has been distributed
3) brothers, sisters, brothers-in-law and sisters-in-law who are living

together
Supposing As brother-in-law loses his cell phone to a snatcher. One

week after, he finds it in As possession. The brother-in-law charges
A with violation of the Anti-Fencing Law. Assuming that A lives
with his brother-in-law, will the case prosper? YES. A is not exempt
from criminal liability under Article 332. It applies only when crime
committed is theft, estafa, or malicious mischief.
CRIMES AGAINST CHASTITY
Private crimes - can be initiated by the offended party only or by his

parents, grandparents, or guardians if offended party is incapacitated.
Supposing a 19 year old woman refuses to file a case of acts of

lasciviousness. Her father signs the complaint. May the court take
jurisdiction of the case? No. The victim is already legally capacitated.
Supposing the woman is only 10 years old? YES, the court may take
cognizance of the case.
ARTICLE 333 - WHO ARE GUILTY OF ADULTERY
106
Is committed by a married woman having sexual intercourse with a

man not her husband AND by the man knowing her to be married
Marriage contemplated may have defects but there must not be a

judicial declaration of nullity or decree of annulment issued by the
court
Is the presentation of an eyewitness necessary to prove the sexual

intercourse? No. Presentation of evidence of opportunity to have
sexual intercourse between the accused is sufficient
Supposing the prosecution presented evidence that W, a married

woman, and K, her neighbor, checked-in to a motel room at 1:00
p.m. and checked-out at 10:00p.m. Is the evidence enough to
warrant conviction for adultery? YES.
ARTICLE 334 - CONCUBINAGE
A single act of sexual intercourse between a married man and a

woman not his wife is not punishable. Sexual intercourse is
punishable under any of the following circumstances:
1) maintaining a concubine or mistress in the conjugal home or

dwelling
2) cohabitation in any other place (living together as husband and wife)
3) sexual intercourse with another woman under scandalous
circumstances (open to public)
ARTICLE 336 - ACTS OF LASCIVIOUSNESS
Had there been sexual intercourse, the offender would be liable for
rape
ARTICLE 337 - QUALIFIED SEDUCTION
107
Seduction: act of sexual intercourse
If both elements of R. A. 8353 and qualified seduction are present,

accused may be charged of the higher crime (rape); if victim is below
18, accused may be charged of violation of R. A. 7610.
Supposing, a high school teacher fell in love with a 17-year old

female student and the student fell in love with him also. The
student becomes pregnant with her and the teachers child. What
crime may the teacher be charged with? Rape through grave abuse of
authority and violation of R.A. 7610.
ARTICLE 338 - SIMPLE SEDUCTION
The offended party may not be prostitute; woman has to be of good

reputation
Committed by means of deceit - this includes a false promise of

marriage.
ARTICLE 339 - CONSENTED ACTS OF LASCIVIOUSNESS
Had there been sexual intercourse, the man would be liable for
qualified seduction or simple seduction
ARTICLE 342 - FORCIBLE ABDUCTION
Taking of a woman against her will with the presence of lewd designs
or lascivious intent; age of offended party is immaterial
If there is no lewd design, the crime committed is kidnapping; lewd

design can only be proven by the actual physical acts of the offender
108
ARTICLE 343 - CONSENTED ABDUCTION
Victim is a woman over 12 years old and under 18 and is a virgin; she
is taken with her consent
Also known in ordinary parlance as tanan
ARTICLE 349 - BIGAMY
Contracting a subsequent marriage before the 1st marriage is

dissolved
The offender will not incur criminal liability if there is a judicial

decree of dissolution of first marriage or judicial declaration of
presumption of death
ARTICLE 351 - PREMATURE MARRIAGE
Can be committed only by woman who contracts marriage within

301 days after the death of her husband or separation from the same;
or before giving birth if she is pregnant, at the time of her husbands
death
The reason for the provision is to prevent doubtful paternity
ARTICLE 359 - SLANDER BY DEED
The difference of slander by deed from acts of lasciviousness is that

in the latter, there is presence of lewd design. This depends upon the
circumstance of time, place, or manner of commission
Supposing C wanted to take revenge against his officemate Z for a

prank she committed against him. In the presence of their other co-
workers, C confronted Z and grabbed her breasts. What crime may
109
C be liable for? Slander by deed. There is no lewd design. C only

wanted to embarrass Z.
110

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AMURAO NOTES - CRIMINAL LAW II

ARTICLE 114 - TREASON

Who may commit treason? FILIPINO CITIZEN

Where may he commit treason? ANYWHERE

Are those who commit treason abroad criminally liable? YES

Why is it that a Filipino citizen may commit treason even if abroad?

What allegiance is owed by a non-resident alien?

Where may an alien commit treason? Only in the Philippines; he

What if he was once a Japanese and then he becomes a naturalized

Supposing during time of war, a Chinese businessman, who has been

How is treason committed?

Should there be an actual military encounter with the govt. forces?

Is it necessary that this assembly of men be armed? NO. There is no

(2) By adhering to the enemies and giving them aid

During the Japanese occupation, certain Filipinos were moving

Suppose that during the Japanese occupation, you were a merchant

Suppose you were engaged in a transportation business; Japanese

Suppose you were a rice merchant supplying Japanese with rice.

Supposing, during time of war, a young Filipina falls in love with a

Supposing a professor, during time of war, lectures about the

Supposing a class, discuss and volunteer to do different means to

(1) Confession of Guilt plea of guilty

(2) Testimony of Two Witnessses with the same overt act

WHY? Because it carries with it penalty of death and it is committed

Testimony of two witnesses to two different acts is not enough for

Is it enough that there be two witnesses? Depends: if testimony

Is proof beyond reasonable doubt (PBRD) sufficient to convict the

Extrajudicial confession is not sufficient to convict a person of

Witness #1: saw personally the accused in the company of a

Suppose the prosecution presented three witnesses but the court

If the common crimes were committed and was in any way

Accused was charged with treason and 10 acts of kidnapping with

ARTICLE 115 - CONSPIRACY TO COMMIT TREASON

ARTICLE 116 - MISPRISION OF TREASON

How soon should the disclosure be made? Within a reasonable

By any person? NO. refer to element #1

Supposing, accused is prosecuted for MT; alleged in the info that

Supposing, accused is resident of a city; has knowledge of

Supposing a witness sees a group of men, all unarmed, discussing

ARTICLE 117 - ESPIONAGE

Where may espionage in the first manner be committed (RPC)?

Suppose that the US donated armaments, etc. to the Phil. Govt. to

in Nueva Ecija; newspaper reporter without authority went inside

Supposing, a newspaper man who was accosted told the military

Supposing, you climbed a tree to photograph confidential

May espionage be committed in the National Library? In the

Supposing you paid the janitor to obtain confidential information for

May espionage in the second manner be committed by a private

Supposing a high ranking military officer discloses confidential

ARTICLE 118 - INCITING TO WAR OR GIVING MOTIVE FOR

Supposing protesters burn the US flag in front of the US embassy,

Does the raising of troops constitute inciting to war?

ARTICLE 119 - VIOLATION OF NEUTRALITY

ARTICLE 120 - CORRESPONDENCE WITH HOSTILE COUNTRY

Supposing Malaysia is at war with the Philippines. If a Filipina writes

ARTICLE 121 - FLIGHT TO ENEMYS COUNTRY

May this be committed by mere attempt to flee? YES

ARTICLE 122 - PIRACY IN GENERAL AND MUTINY ON THE HIGH

Which piracy falls under the law of the nations?

What constitutes high seas? Philippine waters?

May piracy be committed in the Pasig River? Waters under the

Supposing you boarded a motor boat and a passenger ordered other

Floating casino in Manila Bay; while you were there, a person