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San Beda College of Law 55

MEMORY AID IN CRIMINAL LAW


BOOK TWO
Reason for the two-witness rule: The special nature of
Chapter One: Crimes Against National Security (Arts. the crime of treason requires that the accused be
114-123) afforded a special protection not required in other
cases so as to avoid a miscarriage of justice. The
Section One – Treason and espionage extreme seriousness of the crime, for which death is
one of the penalties provided by law, and the fact that
 ART. 114-TREASON the crime is committed in abnormal times, when small
differences may in mortal enmity wipe out all scruples
ELEMENTS: in sacrificing the truth.
1. That the offender owes allegiance to the
Government of the Philippines  Treason is a war crime, it is punished by the state
2. That there is a war in which the Philippines is as a measure of self-defense and self-preservation.
involved
3. That the offender either (modes of committing)  The levying of war must be with intent to
a.) levies war against the government; or overthrow the government as such, not merely to
b.) adheres to the enemies, giving them aid or resist a particular statute or to repeal a particular
comfort. officer.
It is not necessary that those attempting to
Ways of being committed overthrow the government by force of arms should
1. Levying war have the apparent power to succeed in their
 Means that there be an actual assembling of design, in whole or in part.
men for the purpose of executing a treasonable
design by force  Treason absorbs crimes committed in furtherance
2. Adherence to the enemy rendering him aid and thereof.
comfort
 Means that there be intent to betray. There is  Emotional or intellectual sympathy to the enemy,
“adherence to the enemy” when a citizen without giving the enemy aid or comfort, is not
intellectually or emotionally favors the enemy treason.
and harbors sympathies or convictions disloyal
to his country’s policy or interest.  There is no treason thru negligence. The overt act
 The term “alien” applies only to the subjects of of giving aid or comfort to the enemy must be
a foreign power. It does not embrace rebels in intentional.
insurrection against there own country, for in
that case the crime would be rebellion.  Mere acceptance of public office and discharge of
official duties under the enemy do not constitute
Treason – is a breach of allegiance to a government, per se the felony of treason. But when the position
committed by a person who owes allegiance to it. is policy-determining, the acceptance of public
office and the discharge of official duties
Allegiance – is the obligation of fidelity and obedience constitute treason.
which the individual owe to the government under
which they live or to their sovereign, in return for the  Treason committed in a foreign country may be
protection they receive. Hence an alien residing in the prosecuted in the Philippines. (Art.2, RPC)
Philippines may be
 Treason by an alien must be committed in the
prosecuted for acts of treason due to the temporary Philippines. (EO 44).
allegiance he owes to the Philippine government.
 Treason is a CONTINUOUS OFFENSE. All overt acts
MEANING OF “aid or comfort” of treason the accused has committed constitute
An act which strengthens or tends to strengthen the but a single offense.
enemy in the conduct of war against the traitor’s
country or any act which weakens or tends to weaken  ART. 115- CONSPIRACY & PROPOSAL TO COMMIT
the power of the traitor’s country to resist or to attack TREASON
the enemy
Committed when in time of war, two or more
Ways of proving Treason (overt act): persons come to an agreement and decide to commit
1. Testimony of two witnesses, at least, to the same it, or when one person proposes to another: (1) to levy
over act (two-witness rule); or war against the Government, or (2) to adhere to the
2. Confession of guilt in open court enemies and to give them aid and comfort.

Adherence may be proved:  As a general rule, conspiracy and proposal to


1. by one witness; commit a felony is not punishable (ART.8), Art 115
2. from the nature of the act itself, or is an exception as it specifically penalizes
3. from the circumstances surrounding the act. conspiracy and proposal to commit treason.
 Two-witness rule does not apply because this is a
separate and distinct offense.
CRIMINAL LAW COMMITTEE
 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
56 2005 CENTRALIZED BAR OPERATIONS

 ART. 116- MISPRISION OF TREASON


ELEMENTS:
1. That the offender is a citizen of the Philippines Espionage distinguished from treason
2. That he has knowledge of any conspiracy against ESPIONAGE TREASON
the Government
3. That the conspiracy is one to commit treason Both are crimes not conditioned by the
4. That he conceals or does not disclose and make citizenship of the offender.
known the same as soon as possible to the proper
authority. May be committed Is committed only in
both in time of peace time of war.
and in time of war.
 Art. 116 does not apply when treason is already
committed and the accused does not report its May be committed in Is limited in two
commission. many ways. ways of committing
the crime: levying
 Offender is not punished as an accessory to treason war, and adhering to
but as a principal in misprision. the enemy giving him
aid or comfort
 ART. 117- ESPIONAGE
Section Two – Provoking war and disloyalty in case
TWO WAYS OF COMMITTING: of war
1. By entering, without authority, a warship, fort, or
military or naval establishment or reservation to  ART. 118- INCITING TO WAR OR GIVING MOTIVES
obtain any information, plan or other data of FOR REPRISALS
confidential nature relative to the defense of the ELEMENTS:
Philippines. 1. That the offender performs unlawful or
unauthorized acts; and
ELEMENTS: 2. That such acts provoke or give occasion for (a) a
a) That the offender enters any of the places war involving or liable to involve the Philippines or
mentioned therein; (b) expose Filipino citizens to reprisals on their
b) That he has no authority therefore; persons & property.
c) That his purpose is to obtain information,
plans, photographs or other data of a  Intention of the accused is immaterial.
confidential nature relative to the defense of  This is committed in time of peace.
the Philippines.
 ART. 119- VIOLATION OF NEUTRALITY
2. By disclosing to the representative of a foreign
nation the contents of the articles, data or ELEMENTS:
information referred to in the preceding paragraph, 1. That there is a war in which the Philippines. is not
which he had in his possession by reason of the involved,
public office he holds. 2. That there is a regulation issued by a competent
authority for the purpose of enforcing neutrality,
ELEMENTS: and
a) That the offender is a public officer; 3. That the offender violates such regulation.
b) That he has in his possession the articles, data
or information referred to in par. no. 1 of Art. Neutrality – a nation or power which takes no part in a
117, by reason of the public office he holds; contest of arms going on between others is referred to
c) That he discloses their contents to a as neutral.
representative of a foreign nation.
 There must be a regulation issued by competent
COMMONWEALTH ACT 616 – An Act to Punish authority for the enforcement of neutrality. It is
Espionage and Other Offenses Against National the violation of such regulation which constitutes
Security the crime.

Espionage – is the offense of gathering, transmitting,  ART. 120- CORRESPONDENCE WITH HOSTILE
or losing information respecting the national defense COUNTRY
with intent or reason to believe that the information is
to be used to the injury of the Republic of the ELEMENTS:
Philippines or the advantage of a foreign nation. 1. That it is made in time of war in which the
Philippines is involved
Acts Penalized 2. That the offender makes correspondence with the:
1. Unlawfully obtaining or permitting to be obtained (a) enemy country or (b) territory occupied by the
information affecting national defense enemy troops
2. Unlawfully disclosing information affecting national 3. That the correspondence is either:
defense a) prohibited by the Government, or
3. Disloyal acts or words in time of peace b) carried on in ciphers or conventional signs
4. Disloyal acts or words in time war containing data which might be useful to the
5. Conspiracy to commit the preceding acts enemy.
6. Harboring or concealing violators of the Act.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 57

MEMORY AID IN CRIMINAL LAW


Correspondence – communications by means of letters; waters of an archipelagic state (United Nations
or it may refer to the letters which pass between those Convention on the Law of the Sea).
who have friendly or business relations.
 Even if the correspondence contains innocent Philippine waters – shall refer to all bodies of water,
matters, if the correspondence has been prohibited such as but not limited to seas, gulfs, bays, around,
by the government, it is punishable because of the between and connecting each of the islands of the
possibility that some information useful to the Philippine Archipelago, irrespective of its depth,
enemy might be revealed unwittingly. breath, length or dimension, and all waters belonging
to the Philippines by historic or legal title, including
Circumstances qualifying the offense: The following territorial sea, the sea-bed, the insular shelves, and
must concur: other submarine areas over which the Philippines has
1. That the notice or information might be useful sovereignty and jurisdiction. (Sec. 2, P.D. No. 532)
to the enemy.
2. That the offender intended to aid the enemy. Piracy distinguished from robbery in the high seas
PIRACY ROBBERY ON THE
 ART. 121- FLIGHT TO ENEMY’S COUNTRY HIGH SEAS
The offender is an The offender is a
ELEMENTS: outsider. member of the
1. That there is a war in which the Philippines is complement or a
involved. passenger of the
2. That the offender owes allegiance to the vessel.
Government.
In both, there is intent to gain and the manner
3. That the offender attempts to flee or go to enemy
of committing the crime is the same.
country.
4. That going to enemy country is prohibited by the
competent authority. Mutiny – the unlawful resistance to a superior, or the
 An alien resident may be guilty of flight to enemy raising of commotions and disturbances on board a ship
country, because an alien owes allegiance to the against the authority of its commander.
Philippine government albeit temporary.
 Mere attempt to flee or go to enemy country when Piracy distinguished from mutiny
prohibited by competent authority consummates PIRACY MUTINY
the felony. The persons who They are members of
attack a vessel or the crew or
Section Three – Piracy and mutiny on the high seas seize its cargo are passengers.
strangers to the
vessels.
 ART. 122- PIRACY IN GENERAL & MUTINY ON THE
HIGH SEAS Intent to gain is The offenders may
essential. only intend to ignore
Piracy – it is robbery or forcible depredation on the the ship’s officers or
they may be prompted
high seas, without lawful authority and done with
by a desire to commit
animo furandi and in the spirit and intention of plunder.
universal hostility.

 Pursuant to Art 122, as amended by P.D. 532,


TWO WAYS OR MODES OF COMMITTING PIRACY: Piracy and Mutiny may be committed in Philippine
1. By attacking or seizing a vessel on the high seas or waters.
in Philippine waters;
2. By seizing in the vessel while on the high seas or in
Philippine waters the whole or part of its cargo, its PD 532 (ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY
equipment or personal belongings of its LAW OF 1974)
complement or passengers.
Vessel – any vessel or watercraft used for (a) transport
ELEMENTS OF PIRACY: of passengers and cargo or (b) for fishing.
1. That a vessel is on the high seas or on Philippine
waters Punishes the act of AIDING OR ABETTING PIRACY.
2. That the offenders are not members of its Requisites:
complement or passengers of the vessel 1. Knowingly aids or protects pirates;
3. That the offenders 2. Acquires or receives property taken by such
a) attack or seize the vessel or pirates, or in any manner derives any benefit
b) seize the whole or part of the cargo therefrom;
of said vessel, its equipment or personal 3. Directly or indirectly abets the commission of
belongings of its compliment or passengers piracy.

High seas – waters which are beyond the boundaries of NOTE: Under PD 532, piracy may be committed even by
the low-water mark. a passenger or member of the complement of the
- parts of the sea that are not included in vessel.
the exclusive economic zone, in the territorial seas, or
in the internal waters of a state, or in the archipelagic

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
58 2005 CENTRALIZED BAR OPERATIONS

 ART. 123- QUALIFIED PIRACY 2. That he detains a person


3. That the detention is without legal grounds
ELEMENTS:
1. Whenever the offenders have seized the vessel by Detention – a person is detained when he is placed in
boarding or firing upon the same confinement or there is restraint on his person.
2. Whenever the pirates have abandoned their victims
without means of saving themselves LEGAL GROUNDS FOR THE DETENTION OF PERSONS:
3. Whenever the crime is accompanied by murder, 1. The commission of a crime
homicide, physical injuries, or rape 2. Violent insanity or other ailment requiring
compulsory confinement of the patient in a hospital
 The crime referred to in the 3 rd element pertains to
piracy and mutiny on the high seas.  The public officer liable for arbitrary detention
must be vested with authority to detain or order
 Qualified piracy is a SPECIAL COMPLEX CRIME the detention of persons accused of a crime, but
punishable by reclusión perpetua to death, when they detain a person they have no legal
regardless of the number of victims. grounds therefore.

 Piracy is a crime not against any particular state The penalty for Arbitrary Detention depends upon the
but against all mankind. It may be punished in the period of detention involved, a greater penalty is
competent tribunal of any country where the imposed if the period is longer as provided in the
offender may be found or into which he may be following graduations, to wit:
carried. 1. If the detention has not exceeded 3 days.
2. If the detention has continued more than 3 days
but not more than 15 days.
ANTI-HIJACKING LAW 3. If the detention has continued for more than 15
REPUBLIC ACT 6235 days but not more than 6 months.
4. If the detention has exceeded 6 months.
ACTS PUNISHED:
1. usurping or seizing control of an aircraft of  Arrest without a warrant is the usual cause of
Philippine registry while it is in flight; compelling arbitrary detention.
the pilots thereof to change its course or
destination
2. usurping or seizing control of an aircraft of foreign  ART. 125- DELAY IN THE DELIVERY OF DETAINED
registry, while within Philippine territory, PERSONS TO THE PROPER JUDICIAL AUTHORITIES
compelling the pilots thereof to land in any part of
Philippine territory ELEMENTS:
3. carrying or loading on board an aircraft operating 1. That the offender is a public officer or employee
as a public utility passenger aircraft in the 2. That he has detained a person for some legal
Philippines flammable, corrosive, explosive or ground ( Sec. 5, Rule 113, Rules of Court)
poisonous substances; and 3. That he fails to deliver such person to the proper
4. loading, shipping, or transporting on board a cargo judicial authorities within:
aircraft operating as a public utility in the a) 12 hrs. for light penalties or their equivalent.
Philippines, flammable, corrosive, or poisonous b) 18 hrs. for correctional penalties or their
substance if not done in accordance with the rules equivalent.
and regulations of the Air Transportation Office. c) 36 hrs. for afflictive penalties or their
equivalent.
MEANING OF “aircraft is in flight”
From the moment all exterior doors are closed Circumstances considered in determining liability of
following embarkation until the same doors are again officer detaining a person beyond legal period:
opened for disembarkation. 1. The means of communication as well as
2. The hour of arrest, and
TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL 3. Other circumstances such as the time of surrender
LAW OF THE STATE and the material possibility of the fiscal to make
the investigation and file in time the necessary
 All offenses in this Title are required to be information.
committed by public officers except offending the
religious feelings MEANING OF “proper judicial authorities”
Refers to the courts of justice or judges of said courts
Chapter One: Arbitrary Detention or Expulsion, vested with judicial power to order the temporary
Violation of Dwelling, Prohibition, Interruption, and detention or confinement of a person charged with
Dissolution of Peaceful Meeting and Crimes Against having committed a public offense.
Religious Worship (Arts. 124-133)
REASON FOR ART. 125
Section One – Arbitrary Detention and expulsion It is intended to prevent any abuse resulting from
confining a person without informing him of his offense
 ART. 124- ARBITRARY DETENTION and without permitting him to go on bail.

ELEMENTS:  If the offender is a private individual – the crime is


1. That the offender is a public officer or employee ILLEGAL DETENTION under Art. 267
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 59

MEMORY AID IN CRIMINAL LAW


 If the detention is legal from the beginning but no  Only the court by a final judgment can order a
delivery of the person detained is made to the person to change residence
proper authorities after the lapse of the prescribed
periods, the detention becomes illegal.
 Art. 125 is not applicable when the arrest is by SECTION TWO – VIOLATION OF DOMICILE
virtue of a warrant of arrest in which case he can
be detained indefinitely.
 Person arrested may request for a preliminary  ART. 128 – VIOLATION OF DOMICILE
investigation but must sign a waiver of Art. 125.
 “Shall fail to deliver to proper authorities” – PUNISHABLE ACTS:
means filing of an information against the person 1. By entering any dwelling against the will of the
arrested with the corresponding court or judge. owner thereof; or
2. By searching papers or other effects found therein
Art. 125 distinguished from Art. 124 without the previous consent of such owner; or
ART. 124 ART. 125 3. By refusing to leave the premises, after having
The detention is The detention is legal surreptitiously entered said dwelling and after
illegal from the in the beginning but having been required to leave the same.
beginning. the illegality of the
detention starts from
the expiration of any
of the periods of time
specified in Art. 125, COMMON ELEMENTS:
without the person 1. That the offender is public officer / employee
detained having been 2. That he is not authorized by judicial order to enter
delivered to the the dwelling and/ or to make a search for papers
proper judicial
authority. and for other effects

QUALIFYING CIRCUMSTANCES:
 ART. 126- DELAYING RELEASE 1. If committed at nighttime
2. If any papers or effects, not constituting evidence
THREE ACTS PUNISHED: of a crime are not returned immediately after a
1. By delaying the performance of a judicial or search is made by the offender.
executive order for the release of a prisoner.
2. By unduly delaying the service of the notice of such  The offender must be a public officer or employee.
order to said prisoner. If he is a private individual, the crime committed is
3. By unduly delaying the proceedings upon any trespass to dwelling.
petition for the liberation of such person.
 In the first mode, lack of consent would not suffice
ELEMENTS: as the law requires that the offender’s entry must
1. That the offender is a public officer or employee be over the owner’s objection.
2. That there is a judicial or executive order for the In the second mode, mere lack of consent is
release of a prisoner or detention prisoner, or that sufficient.
there is a proceeding upon a petition for the In the third mode, what is punished is the
liberation of such person refusal to leave, the entry having been made
3. That the offender without good reason delays surreptitiously.
a) the service of the notice of such order to the
prisoner,  It is believed, however, that if the surreptitious
b) the performance of such judicial or executive entry had been made through an opening not
order for the release of the prisoner or intended for that purpose, the offender would be
c) the proceedings upon a petition for the release liable under the first mode since it is entry over the
of such person. implied objection of the inhabitant.

 Although the Code speaks of the owner of the


 ART. 127- EXPULSION premises, it would be sufficient if the inhabitant is
the lawful occupant using the premises as his
TWO ACTS PUNISHED: dwelling, although he is not the proprietary owner
1. By expelling a person from the Philippines. thereof.
2. By compelling a person to change his residence.
MEANING OF:
ELEMENTS: “against the will of owner”
1. That the offender is a public officer or employee Presupposes opposition or prohibition by the owner,
2. That he expels any person from the Philippines, or whether express or implied.
compels a person to change his residence “papers and other effects” – Art. 128 is not applicable
3. That the offender is not authorized to do so by law when a public officer searched a person outside his
dwelling without search warrant and such person is not
 Only the President of the Philippines is authorized legally arrested for an offense, because the papers and
to deport aliens under the Revised Administrative other effects mentioned in Art. 128 must be found in
Code. the dwelling.

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
60 2005 CENTRALIZED BAR OPERATIONS

 ART. 129- SEARCH WARRANTS MALICIOUSLY 2. Hindering any person from joining any lawful
OBTAINED AND ABUSE IN THE SERVICE OF THOSE association or from attending any of its meetings
LEGALLY OBTAINED 3. Prohibiting or hindering any person from
addressing, either alone or together with others,
Punishable Acts: any petition to the authorities for the correction of
1. Procuring a search warrant without just cause abuses or redress of grievances
ELEMENTS:
a) That the offender is a public officer or COMMON ELEMENTS:
employee. 1. That the offender is a public officer
b) That he procures a search warrant. 2. That he performs any of the acts mentioned above
c) That there is no just cause.  There is no legal ground to prohibit when the
danger is not imminent and the evil to be
2. Exceeding his authority or by using unnecessary prevented is not a serious one
severity in executing a search warrant legally
procured  Offender must be a stranger, and not a participant
ELEMENTS:
a) That the offender is a public officer or
employee.
b) That he has legally procured a search warrant. Section Four – Crimes against religious worship
c) That he exceeds his authority or uses
unnecessary severity in executing the same.  ART. 132- INTERRUPTION OF RELIGIOUS WORSHIP

Search warrant – is an order in writing issued in the ELEMENTS:


name of the People of the Philippines, signed by the 1. That the offender is a public officer/employee,
judge and directed to a peace officer, commanding him 2. That religious ceremonies or manifestations of any
to search for personal property described therein and religion are about to take place or are going on,
bring it before the court. and
3. That the offender prevents/disturbs the same.
Test of lack of just cause
Whether the affidavit filed in support of the  Qualified by violence or threats
application for search warrant has been drawn in such
a manner that perjury could be charged thereon and  If the prohibition or disturbance is committed only
affiant be held liable for damages caused. in a meeting or rally of a sect, it would be
punishable under Art.131.
 A search warrant shall be valid for ten (10) days
from its date.
 ART. 133- OFFENDING RELIGIOUS FEELINGS
 If the search warrant is secured through a false ELEMENTS:
affidavit, the crime punished by this article cannot 1. That the acts complained of were performed
be complexed but will be a separate crime from a) in a place devoted to religious worship [not
perjury since the penalty herein provided shall be necessary that there is religious worship] or
“in addition to” the penalty of perjury. b) during the celebration of any religious
 ART. 130- SEARCHING DOMICILE WITHOUT ceremony,
WITNESSES 2. That the acts must be notoriously offensive to the
feelings of the faithful.
ELEMENTS: Religious ceremonies – are those religious acts
1. That the offender is a public officer/ employee performed outside of a church, such as procession and
2. That he searches the domicile, papers or other special prayers for burying dead person.
belongings of any person
3. That he is armed with a warrant “Acts notoriously offensive to the feelings of the
4. That the owner or any member is his family, or two faithful” - the acts must be directed against religious
witnesses residing in the same locality are not practice or dogma or ritual for the purpose of ridicule,
present as mocking or scoffing at or attempting to damage an
object of religious veneration.
 Art. 130 does not apply to searches of vehicles or
other means of transportation, because the  May be committed by a public officer or a private
searches are not made in the dwelling. individual
 Offense of feeling is judged from complainant’s
point of view.
Section Three – Prohibition, interruption, and
dissolution of peaceful meetings
TITLE THREE: CRIMES AGAINST PUBLIC ORDER
 ART.131-PROHIBITION, INTERRUPTION, &
DISSOLUTION OF PEACEFUL MEETINGS Chapter One: Rebellion, Coup d’etat, Sedition, and
Disloyalty (Arts. 134-142)
Punishable Acts:
1. Prohibiting or interrupting, without legal ground  ART. 134- REBELLION/INSURRECTION
the holding of a peaceful meeting, or by dissolving
the same ELEMENTS:
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 61

MEMORY AID IN CRIMINAL LAW


1) That there be facilities needed for the exercise and continued
a) public uprising and possession of power
b) taking up of arms against the Government. 3. Where – singly or simultaneously carried out
2) For the purpose of: anywhere in the Philippines
a) Removing from the allegiance to said 4. By whom – by any person or persons, belonging to
Government or its laws the military or police or holding any public office or
i. The territory of the Philippines. employment, with or without civilian support or
ii. Any body of land, naval or other armed employment
forces or 5. Purpose – to seize or diminish state power
b) Depriving the Chief executive or Congress,
wholly or partially, of any of their powers or  The crime of coup d’etat may be committed with
prerogatives. or without civilian participation.

Rebellion – more frequently used where the object of


the movement is completely to overthrow and
supersede the existing government. It is a crime of the  ART. 135- PENALTY FOR REBELLION OR
masses, of the multitude. It is a vast movement of men INSURRECTION OR COUP D’ETAT
and a complex network of intrigues and plots.
PERSONS LIABLE:
Insurrection – more commonly employed in reference 1. The leaders –
to a movement which seeks merely to effect some a) Any person who
change of minor importance, or to prevent the exercise i. Promotes,
of governmental authority with respect to particular ii. Maintains. or
matters or subjects. iii. Heads a rebellion or insurrection; or
b) Any person who –
Rebellion distinguished from treason i. Leads,
REBELLION TREASON ii. Directs, or
The levying of war The levying of war iii. Commands others to undertake a coup
against the against the d’etat;
government during government would 2. The participants –
peace time for any constitute treason a) Any person who
purpose mentioned when performed to i. Participates, or
in Art. 134 is aid the enemy.
ii. Executes the commands of
rebellion.
Always involves May be committed
others in rebellion,or
taking up arms by mere adherence insurrection;
against the to the enemy giving b) Any person in the government service who
government. him aid and i. Participates, or
comfort. ii. Executes directions or commands of
others in undertaking a coup d’etat;
c) Any person not in the government service who
 Giving aid and comfort is not criminal in rebellion. i. Participates,
ii. Support,
Rebellion distinguished from subversion iii. Finances,
REBELLION SUBVERSION iv. Abets, or
Crime against public Crime against v. Aids in undertaking a coup d’etat.
order. national security.
There must be Being officers and Who shall be deemed the leader of the rebellion,
public uprising to ranking members of insurrection or coup d’etat in case he is unknown?
overthrow the subversive groups Any person who in fact
government. constitute
1. directed the others,
subversion.
2. spoke for them,
3. signed receipts and other documents issued in their
 Persons acting as couriers or spies for
name, or
rebels are guilty of rebellion.
4. performed similar acts, on behalf of the rebels.
 Mere silence regarding the presence of
rebels despite knowledge of a rebellion is not
Political crimes – are those directly aimed against the
punishable, no crime of misprision of rebellion
political order, as well as such common crimes as may
 Rebellion cannot be complexed with, but
be committed to achieve a political purpose. The
absorbs other crimes committed in furtherance of
decisive factor is the intent or motive.
rebellious movement. There is no complex crime of
rebellion with murder and other common crimes.
 ART. 136- CONSPIRACY & PROPOSAL TO COMMIT
REBELLION , INSURRECTION OR COUP D’ ETAT
 ART. 134-A- COUP D’ETAT
1. How - by a swift attack, accompanied by violence,
TWO CRIMES penalized under this article:
intimidation, threat, strategy or stealth
1. Conspiracy to commit rebellion, and
2. Against whom – duly constituted authorities of the
2. Proposal to commit rebellion
Republic, military camp or installation,
communication networks, public utilities, or other
CRIMINAL LAW COMMITTEE
 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
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62 2005 CENTRALIZED BAR OPERATIONS

Conspiracy to commit rebellion – when two or more a) To prevent the promulgation or execution of
persons come to an agreement to rise publicly and take any law or the holding of any popular election.
arms against the Government for any of the purposes of b) To prevent the government or any public
rebellion and decide to commit it. officer from freely exercising its or his
Proposal to commit rebellion – when the person who functions, or prevent the execution of any
has decided to rise publicly and take arms against the Administrative Order.
Government for any of the purposes of rebellion c) To inflict any act of hate or revenge upon the
proposes its execution to some other person or persons. person or property of any public
officer/employee.
 This is an instance where the law punishes d) To commit, for any political or social end, any
preparatory acts. act of hate or revenge against private persons
or any social class.
 ART. 137- DISLOYALTY OF PUBLIC OFFICERS e) To despoil, for any political or social end, any
/EMPLOYEES person or the government of all its property or
Punishable acts: any part thereof.
1. Failing to resist a rebellion by all means in their Tumultuous – if caused by more than three persons
power who are armed or provided with the means of violence.
2. Continuing to discharge the duties of their office
under the control of the rebels Distinguish sedition from rebellion
3. Accepting appointment to office under the rebels SEDITION REBELLION
In both, there must be public uprising
 The crime presupposes the existence of rebellion It is sufficient that There must be taking
by other persons; the offender must not be in the public uprising is up of arms against
conspiracy with the rebels tumultuous. the Government.
The purpose of the The purpose is always
 ART. 138- INCITING TO REBELLION / offenders may be political.
INSURRECTION political or social.

ELEMENTS: Sedition distinguished from treason


1. That the offender does not take up arms or is not in SEDITION TREASON
open hostility against the Government In its more general In its more general
2. That he incites others to the execution of any of sense, it is the sense, it is the
the acts of rebellion raising of violation by a subject
3. That the inciting is done by means of speeches, commotions or of his allegiance to
proclamations, writings, emblems, banners or disturbances in the his sovereign.
other representations tending to the same end. State.
Inciting to rebellion distinguished from proposal to
commit rebellion  Public uprising and an object of sedition must
PROPOSAL TO INCITING TO concur.
COMMIT REBELLION
REBELLION
In both crimes, the offender induces another  ART. 140- PENALTY FOR SEDITION
to commit rebellion
The person who It is not required PERSONS LIABLE:
proposes has decided that the offender has 1) The leader of the sedition
to commit rebellion. decided to commit 2) Other persons participating in the sedition
rebellion.
The person who The act of inciting is  ART. 141- CONSPIRACY TO COMMIT SEDITION
proposes the done publicly.
execution of the
crime uses secret
Only Conspiracy to commit sedition is punishable and
means. not proposal to commit sedition
NOTE: In both, the crime of rebellion should
not be actually committed by the persons to
whom it is proposed or who are incited. If  ART. 142- INCITING TO SEDITION
they commit rebellion because of the
proposal or inciting, the proponent or the Punishable Acts:
one inciting may become a principal by 1. Inciting others to commit sedition by means of
inducement in the crime of rebellion. speeches, proclamations, writings, emblems
2. Uttering seditious words or speeches which tend to
disturb the public peace
 ART. 139- SEDITION 3. Writing, publishing, or circulating scurrilous
(meaning vulgar, mean, foul) libels against the
ELEMENTS: Government or any of its duly constituted
1. That the offenders rise authorities
a) publicly and ELEMENTS OF ACT #1
b) tumultuously 1. That the offender does not take direct part in the
2. That they employ force, intimidation, or other crime of sedition
means outside of legal methods 1. That he incites others to the
3. That the offenders employ any of those means to accomplishment of any of the act which
attain any of the following objects:
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
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Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
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San Beda College of Law 63

MEMORY AID IN CRIMINAL LAW


constitute sedition  ART. 144- DISTURBANCE OF PROCEEDINGS
2. That the inciting is done by means of speeches,
proclamations, writings, emblems, cartoons, ELEMENTS:
banners, or other representations tending to the 1. That there be a meeting of Congress or any of its
same end. committees or subcommittees, constitutional
commissions or committees, or any provincial board
ACTS # 2 & 3 PUNISHABLE: when - or city or municipal council or board
1. They tend to disturb or obstruct any lawful officer 2. That the offender does any of the following acts:
in executing the functions of his office a) He disturbs any of such meetings.
b) He behaves while in the presence of any such
2. They tend to instigate others to cabal and meet bodies in such a manner as to interrupt its
together for unlawful purposes proceedings or to impair the respect due it.

3. They suggest or incite rebellious conspiracies or  Congress may also punish for contempt.
riots  The complaint for disturbance of
proceeding must be filed by a member of
4. They lead or tend to stir up the people against the legislative body, cannot be prosecuted de oficio.
lawful authorities or disturb the peace of the  Disturbance created by participant in the
community, and the safety and order of the meeting not covered by Art. 144
Government.

RULES RELATIVE TO SEDITIOUS WORDS: Section Two – Violation of parliamentary immunity


1. The clear and present danger rule
 It is required that there must be reasonable  ART. 145 – VIOLATION OF PARLIAMENTARY
ground to believe that the danger apprehended IMMUNITY
is imminent and that the evil to be prevented is
a serious one. There must be the probability of Punishable Acts:
serious injury to the State. 1. Using force, intimidation, threats, or frauds to
2. Dangerous tendency rule prevent any member from (a) attending the
 There is inciting to sedition when the words meetings of Congress or any of its committees or
uttered or published could easily produce subcommittees, constitutional commissions or
disaffection among the people and a state of committees or divisions thereof, or from (b)
feeling in them incompatible with a disposition expressing his opinions or (c) casting his vote.
to remain loyal to the Government and ELEMENTS:
obedient to the laws. The dangerous tendency 1) That the offender uses force, intimidation,
rule is generally adopted in the Philippines. threats or fraud.
2) That the purpose of the offender is to prevent
Reasons why seditious utterances are prohibited any member of Congress from –
If the State were compelled to wait until the a) Attending the meetings of the Congress or
apprehended danger became certain, then its right to any of its committees or constitutional
protect itself would come into being simultaneously commissions, etc.; or
with the overthrow of the Government, when there b) Expressing his opinions; or
would be neither prosecuting officers nor courts for the c) Casting his vote.
enforcement of the law.
2. Arresting or searching any member while Congress
is in session, except in cases where such member
Chapter Two: Crimes Against Popular Representation has committed a crime punishable under the Code
(Arts. 143-145) by a penalty higher than prision mayor.
ELEMENTS:
Section One – Crimes against legislative bodies and 1) That the offender is a public officer or
similar bodies employee;
2) That he arrests or searches any member of
Congress;
 ART.143- ACTS TENDING TO PREVENT THE 3) That the Congress, at the time of arrest or
MEETING OF THE ASSEMBLY AND SIMILAR BODIES search, is in regular or special session;
4) That the member arrested or searched has not
ELEMENTS: committed a crime punishable under the Code
1. That there be a projected meeting or actual by a penalty higher than prision mayor.
meeting of the National Assembly or any of its  Parliamentary immunity does not protect members
committees or subcommittees, constitutional of the Congress from responsibility before the
commissions or committees or divisions, or of any legislative body itself.
provincial board or city or municipal council or
board  The 1987 Constitution exempts member of Congress
from arrest, while the Congress is in session, for all
2. That the offender, who may be any person, offenses punishable by a penalty less than prision
prevents such meeting by force or fraud mayor.

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
64 2005 CENTRALIZED BAR OPERATIONS

Chapter Three: Illegal Assemblies and Associations


(Arts. 146 & 147) PERSONS LIABLE:
1. Founders, directors, and president of the
 ART. 146 ILLEGAL ASSEMBLIES association.

Forms of Illegal Assemblies: 2. Members of the association.


1. Any meeting attended by armed persons for the
purpose of committing any of the crimes
punishable under the Code.

REQUISITES: Illegal association distinguished from illegal assembly


a) That there is a meeting, gathering or group of ILLEGAL ILLEGAL
persons, whether in a fixed place or moving; ASSEMBLY ASSOCIATION
b) That the meeting is attended by armed
persons. It is necessary that It is not necessary
c) That the purpose of the meeting is to commit there is an actual that there is an
any of the crimes punishable under the Code. meeting or actual meeting.
2. Any meeting in which the audience, whether armed assembly of armed
persons for the
or not, is incited to the commission of the crime of purpose specified in
treason, rebellion or insurrection, sedition, or Art. 146.
assault upon a person in authority.
It is the meeting It is the act of
REQUISITES: and attendance at forming or
a) That there is a meeting, a gathering or group of such meeting that is organizing and
persons, whether in a fixed place or moving. punished. membership in the
b) That the audiences, whether armed or not, is association that is
incited to the commission of the crime of punished.
treason, rebellion or insurrection, sedition or
The persons liable The persons liable
direct assault. are: are:
1. the organizers 1. the founders,
Meeting – is a gathering or group whether in a fixed or leaders of directors and
place or moving the meetings, president, and
and 2. the members.
PERSONS LIABLE IN ILLEGAL ASSEMBLIES: 2. the persons
1. The organizers or leaders of the meeting present at the
meeting.
2. Persons merely present at the meeting
Chapter Four: Assault Upon, and Resistance and
 It is necessary that the audience is actually incited. Disobedience to, Persons in Authority and their
If in the meeting the audience is incited to the Agents (Arts. 148-152)
commission of rebellion or sedition, the crimes
committed are ILLEGAL ASSEMBLY as regards to the  ART. 152- PERSONS IN AUTHORITY & AGENTS OF
organizers or leaders or persons merely present and PERSONS IN AUTHORITY
INCITING TO REBELLION OR SEDITION insofar as the PUBLIC PERSON IN AGENT OF
one inciting them is concerned OFFICER AUTHORITY A PERSON
(PO) (PA) IN
PRESUMPTIONS: AUTHORITY
If any person carries an unlicensed firearm, it is (APA)
presumed that: Any person Any person Any person
1. the purpose of the meeting insofar as he is who takes directly who, by
part in the vested with direct
concerned is to commit acts punishable under the
performance jurisdiction, provision of
RPC, and of public whether as law or by
2. he is considered a leader or organizer of the functions in an individual election or
meeting. the or as a by
government. member of appointment
 Not all the persons present at the meeting of the some court by
first form of illegal assembly must be armed. or competent
governmental authority, is
 ART. 147 ILLEGAL ASSOCIATIONS corporation, charged with
board or the
PROHIBITED ASSOCIATIONS
commission. maintenance
Association totally or partially organized for: of public
1. the purpose of committing any of the crimes order and the
punishable under the Code protection
and security
2. some purpose contrary to public morals of life and
property.
Public morals – refers to matters which affect the
interest of society and public convenience and is not
limited to good customs
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
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Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
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San Beda College of Law 65

MEMORY AID IN CRIMINAL LAW


 ART. 148- DIRECT ASSAULT APA is essential.

TWO WAYS TO COMMIT:  If the offended party is only an APA, force


1. Without public uprising, by employing force or employed must be of a serious character indicates
intimidation for the attainment of any of the determination to defy the law and its
purposes enumerated in defining the crimes of representative. If the offended party is PA,
sedition & rebellion employed force need not be serious.

ELEMENTS:  Teachers, professors, and persons in charged with


1) That the offender employs force or the supervision of public or duly recognized private
intimidation. schools, colleges and universities shall be deemed
2) That the aim of the offender is to attain any of persons in authority, in applying Arts. 148 and 151.
the purposes of the crime of rebellion or any of
the objects of the crime of sedition.
 Evidence of motive of the offender is important
3) That there is no public uprising.
when the person in authority or his agent who is
attacked or seriously intimidated is not in the
 Offended party need not be a person in
authority or his agent, he may be a private actual performance of his official duty.
individual if the object is to attain an object of  When PA or APA descended to matters which
sedition are private in nature, an attack by one against the
other is not direct assault.
2. Without public uprising, by attacking, by
employing force or seriously intimidating or by  Even when PA or APA agrees to fight, an attack
seriously resisting any person in authority (PA) or made by accused constitutes Direct Assault, the
any of his agents (APA), while engaged in the character of a person in authority or agent is not
performance of official duties, or on the occasion laid off at will but attaches to him until he ceases
of such performance. to be in office.

ELEMENTS:  The crime of slight physical injuries is absorbed


1) That the offender in direct assault.
a. Makes an attack,
b. Employs force,
c. Makes a serious intimidations, or  ART. 149- INDIRECT ASSAULT
d. Makes a serious resistance
2) That the person assaulted is a person in ELEMENTS:
authority or his agent. 1. That an APA is the victim of any of the forms of
3) That at the time of the assault the person in direct assault defined in Art. 148
authority or his agent
a. Is engaged in the actual performance of 2. That a person comes to the aid of the APA
official duties, or
3. That the offender makes use of force or
intimidation upon such person coming to the aid of
b. That he is assaulted by reason of the past the APA.
performance of his official duties.
4) That the offender knows that the one he is  Indirect assault can be committed only when a
assaulting is a person in authority or his agent direct assault is also committed.
in the exercise of his duties.
5) That there is no public uprising.
 ART. 150- DISOBEDIENCE TO SUMMONS ISSUED BY
 Considered not in the actual performance of THE NAT’L ASSEMBLY, ITS COMMITTEES OR
official duties: SUBCOMMITTEES, BY THE CONSTITUTIONAL
1. When the PA or APA exceeds his powers or COMMISSION, ITS COMMITTEES, SUBCOMMITTEES OR
acts without authority DIVISIONS
2. unnecessary use of force or violence
3. descended to matters which are private in PUNISHABLE ACTS:
nature 1. Refusing, without legal excuse, to obey summons of
Congress, or any commission or committee
TWO KINDS OF DIRECT ASSAULT OF THE SECOND chairman or member authorized to summon
FORM: witnesses;
1. Simple assault
2. Qualified assault 2. Refusing to be sworn or placed under affirmation
while before such legislative or constitutional body
DIRECT ASSAULT IS QUALIFIED WHEN: or official;
1. Committed with a weapon
2. Offender is a public officer or employee 3. Refusing to answer any legal inquiry or to produce
3. Offender lays hands upon a person in authority any books, papers, documents, or records in his
possession, when required by them to do so in the
 Knowledge of the accused that the victim is a PA or exercise of their functions;

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
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66 2005 CENTRALIZED BAR OPERATIONS

4. Restraining another from attending as a witness in 5. Burying with pomp the body of a person who has
such legislative or constitutional body; been legally executed

5. Inducing disobedience to summons or refusal to be  Serious disturbance must be planned or intended


sworn by any such body or official.
Outcry – to shout spontaneously subversive or
 The testimony of a person summoned must be provocative words tending to stir up the people so as to
upon matters into which the legislature has obtain by means of force or violence any of the objects
jurisdiction to inquire. of rebellion or sedition

Burying with pomp the body of a


 ART. 151- RESISTANCE & DISOBEDIENCE TO A person – ostentatious display of a burial
PERSON IN AUTHORITY OR THE AGENTS OF SUCH
PERSON

ELEMENTS OF RESISTANCE & SERIOUS DISOBEDIENCE:


1. That a person in authority or his agent is engaged
in the performance of official duty or gives a Inciting to sedition or rebellion distinguished from
lawful order to the offender public disorder
INCITING TO PUBLIC DISORDER
2. That the offender resists or seriously disobeys such SEDITION OR
person in authority or his agent REBELLION
The outcry or The outcry is more
3. That the act of the offender is not included in the displaying of or less unconscious
provisions of Arts. 148-150 emblems or placards outburst which,
should have been although rebellious
ELEMENTS OF SIMPLE DISOBEDIENCE: done with the idea or seditious in
aforethought of nature, is not
1. That an APA is engaged in the performance of
inducing his hearers intentionally
official duty or gives a lawful order to the or readers to calculated to induce
offender; commit the crime of others to commit
rebellion or rebellion or
2. That the offender disobeys such APA; sedition. sedition.

3. That such disobedience is not of a serious nature.  The penalty next higher in degree shall be imposed
upon persons causing any disturbance or
 The accused must have knowledge that the interruption of a tumultuous character.
person giving the order is a peace officer.

 ART. 154- UNLAWFUL USE OF MEANS OF


Direct assault distinguished from resistance or PUBLICATION & UNLAWFUL UTTERANCES
serious disobedience
DIRECT RESISTANCE PUNISHABLE ACTS:
ASSAULT 1. Publishing or causing to be published as news any
The PA or APA Only in actual false news which may endanger the public order, or
must be engaged performance of cause damage to the interest or credit of the State
in the duties. 2. Encouraging disobedience to the law or to the
performance of constituted authorities or by praising, justifying or
official duties or
extolling any act punished by law, by the same
that he is
assaulted by means or by words, utterances or speeches
reason thereof. 3. Maliciously publishing or causing to be published
There is force Use of force is not any official resolution or document without
employed. so serious. authority, or before they have been published
officially
4. Printing, publishing or distributing (or causing the
Chapter Five: Public Disorder (ARTS. 153-156) same) books, pamphlets, periodicals, or leaflets
which do not bear the real printer’s name, or
 ART. 153- TUMULTS & OTHER DISTURBANCES OF which are classified as anonymous
PUBLIC ORDER
 The offender must know that the news is false to
PUNISHABLE ACTS: be liable.
1. Causing any serous disturbance in a public place,
office or establishment.
2. Interrupting or disturbing public performances,
functions or gatherings, or peaceful meetings, if  R.A. No. 248 prohibits the reprinting, reproduction
the act is not included in Arts. 131-132. or republication of government publications and
3. Making an outcry tending to incite rebellion or official documents without previous authority.
sedition in any meeting, association or public place
4. Displaying placards or emblems which provoke a  ART. 155- ALARMS & SCANDALS
disturbance of public order in such place
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
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Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 67

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PUNISHABLE ACTS: 3. That he evades the service of his sentence by
1. Discharging any firearm, rocket, firecracker, or escaping during the term of his sentence.
other explosive within any town or public place,
calculated to cause alarm or danger (should not be CIRCUMSTANCES QUALIFYING THE OFFENSE:
aimed at a person otherwise illegal discharge of 1. By means of unlawful entry (this should be “by
firearm under Art. 254) scaling”)
2. By breaking doors, windows, gates, walls, roofs or
2. Instigating or taking an active part in any charivari floors
or other disorderly meeting offensive to another or 3. By using picklocks, false keys, disguise, deceit,
prejudicial to public tranquility violence, or intimidation
4. Through connivance with other convicts or
3. Disturbing the public peace while wandering about employees of the penal institution.
at night or while engaged in any other nocturnal  Detention prisoners and minor delinquents who
amusements escape confinement are not liable for evasion of
service of sentence.
4. Causing any disturbance or scandal in public places
while intoxicated or otherwise, provided Art. 153 is  Art. 157 is applicable to sentence by destierro.
not applicable

 If the disturbance is of a serious nature, the case  ART. 158- EVASION OF SENTENCE ON THE
will fall under Art. 153 OCCASION OF DISORDERS, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES
Charivari - includes a medley of discordant voices, a
mock serenade of discordant noises made on kettles, ELEMENTS:
tin, horns, etc. designed to annoy or insult 1. That the offender is a convict by final judgment,
and is confined in a penal institution
 The reason for punishing instigating or taking active 2. That there is disorder, resulting from;
part in charivari and other disorderly meeting is to a. Conflagration
prevent more serious disorders. b. Earthquake
c. Explosion
 ART. 156- DELIVERING PRISONERS FROM JAIL d. similar catastrophe
e. mutiny in which he has not participated
ELEMENTS: 3. That the offender leaves the penal institution
1. That there is a person confined in a jail or penal where he is confined, on the occasion of such
establishment (detention is included) disorder or during the mutiny
2. That the offender removes such person, or helps 4. That the offender fails to give himself up to the
the escape of such person authorities within 48 hrs. following the issuance of
Committed in two ways: a proclamation by the Chief Executive announcing
1. by removing a prisoner confined in jail or penal the passing away of such calamity.
institution – to take away a person from
confinement with or without the active  What is punished is not the leaving of the penal
participation of the person released institution, but the failure of the convict to give
2. by helping said person to escape – furnish material himself up to the authorities within 48 hours after
means to facilitate escape the proclamation announcing the passing away of
the calamity.
 The prisoner may be a detention prisoner or one
sentenced by virtue of a final judgment.  If the offender fails to give himself up, he gets an
increased penalty; if the offender gives himself up,
 If the prisoner was confined in a hospital when he he is entitled to a deduction of 1/5 of his sentence.
was assisted in escaping constitutes a violation of
Art. 156 because the hospital may be considered as  ART. 159 – OTHER CASES OF EVASION OF
an extension of the jail. SENTENCE (CONDITIONAL PARDON)
ELEMENTS:
 But if the crime committed by the prisoner for 1. That the offender was a convict.
which he is confined or serving sentence is treason, 2. That he was granted a conditional pardon by the
murder, or parricide, the act of taking the place of Chief Executive.
the prisoner in prison is that of an accessory under 3. That he violated any of the conditions of such
Art. 19, par. 3 pardon.

Chapter Six: Evasion of Service of Sentence (Arts.  Violation of conditional pardon is a distinct crime
157-159)
 Offender can be arrested and reincarcerated
 ART.157- EVASION OF SERVICE OF SENTENCE without trial – in accordance with Sec. 64(I) of the
Revised Administrative Code.
ELEMENTS:
1. That the offender is a convict by final judgment  The condition imposed upon the prisoner that he
2. That he is serving his sentence, which consists in should not commit another crime, extends to
deprivation of liberty offenses punishable by special laws.

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
68 2005 CENTRALIZED BAR OPERATIONS

 Offender must be found guilty of subsequent  The offender must not be the forger otherwise the
offense before he can be prosecuted under Art. crime committed is forgery under Art. 161.
159.
Section Two - Counterfeiting Coins

Chapter Seven  ART. 163 – MAKING AND IMPORTING AND UTTERING


FALSE COINS
 ART. 160- COMMISSION OF ANOTHER CRIME
DURING THE SERVICE OF PENALTY IMPOSED FOR ELEMENTS:
ANOTHER PREVIOUS OFFENSE (Quasi-Recidivism) 1. that there be false or counterfeited coins
2. that the offender either made, imported or uttered
ELEMENTS OF QUASI-RECIDIVISM: such coins
1. That the offender was already convicted by final 3. that in case of uttering such false or counterfeited
judgement coins, he connived with the counterfeiters or
2. That he committed a new felony before beginning importers
to serve such sentence or while serving the same
“COUNTERFEITING” - means the imitation of a legal or
WHO CAN BE PARDONED: genuine coin.
1. At the age of 70, if he shall have already served out
his original sentence (and not a habitual criminal) “UTTERING” - to pass counterfeited coins
or
2. When he shall have completed it after reaching the KINDS OF COINS THE COUNTERFEITING OF WHICH IS
said age, unless by reason of his conduct or other PUNISHED:
circumstances he shall not be worthy of such a) Silver coins of the Philippines or coin of the Central
clemency. Bank
b) Coin of the minor coinage of the Philippines or the
 In reiteracion, the offender against whom it is Central Bank
considered shall already have served out his c) Coin of the currency of a foreign country
sentence for the prior offenses.
 Former coins withdrawn from circulation maybe
 Quasi-recidivism is a special aggravating counterfeited
circumstance which cannot be offset by ordinary
mitigating circumstances.
 First crime for which the offender is serving  ART. 164 - MUTILATION OF COINS- IMPORTATION
sentence need not be a felony; but the second AND UTTERANCE OF MUTILATED COINS
crime must be a felony.
Acts Punished:
TITLE IV: CRIMES AGAINST PUBLIC INTEREST 1) Mutilating coins of the legal currency, with the
further requirement that there be intent to damage
Chapter One: Forgeries or to defraud another
2) Importing or uttering such mutilated coins, with
Section 1- Forging the Seal of the Government of the the further requirement that there must be
Philippine Islands, the signature or stamp of the connivance with the mutilator or importer in case
Chief Executive of uttering

 ART. 161 – COUNTERFEITING SEAL OF “MUTILATION”- to take off part of the metal either by
GOVERNMENT, SIGNATURE AND STAMP OF PRESIDENT filing it or substituting it for another metal of inferior
quality.
Acts punished:  The coin must be of legal tender in mutilation
1) Forging the Great Seal of the Government of the
Philippines.
2) Forging the signature of the President  ART. 165 - SELLING OF FALSE OR MUTILATED
3) forging the stamp of the President COIN, WITHOUT CONNIVANCE

 If the signature of the president is forged, it is not Acts Punished:


falsification of public document 1) Possession of coin, counterfeited or mutilated by
another with intent to utter the same knowing that
it is false or mutilated
 ART. 162- USE OF FORGED SIGNATURE, 2) Actually uttering false or mutilated coin, knowing it
COUNTERFEIT SEAL OR STAMP to be false or mutilated
 Does not require that false coin is legal tender
ELEMENTS:
1. that the seal of the Republic was counterfeited, or
signature or stamp forged by another person. Section Three - Forging treasury or bank notes,
2. that the offender knew of the counterfeiting or obligations and securities; importing and uttering
forgery false or forged notes, obligations and securities
3. that he used the counterfeit seal or forged
signature or stamp
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 69

MEMORY AID IN CRIMINAL LAW


 ART. 166 - FORGING TREASURY OR BANK NOTES Legislative or any provincial board or municipal
OR OTHER DOCUMENTS AND UTTERING THE SAME council
2) The offender alters the same
Acts Penalized: 3) That alteration changed the meaning of the
1) Forging or falsification of treasury or bank notes or document
other documents payable to bearer
2) Importation of the same  ART 171 - FALSIFICATION BY PUBLIC OFFICER,
3) Uttering the same with connivance with forgers or EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER
importers
ELEMENTS:
 Uttering forged bills must be with connivance 1. That the offender is a public officer, employee or
notary public.
 ART - 167 COUNTERFEITING, IMPORTING
AND UTTERING INSTRUMENT NIOT PAYABLE TO 2. That he takes advantage of his official position
BEARER When:
a) He has the duty to make or prepare or
ELEMENTS: otherwise to intervene in the preparation of
1) That there be an instrument payable to order or the document
other document of credit not payable to bearer b) He has the official custody of the document
2) That the offender either forged , imported or which he falsifies
uttered such instrument
3) That in case of uttering he connived with the  If he did not take advantage of his official position,
importer or forger he would be guilty of falsification of public
document by a private individual.

 ART 168 - ILLEGAL POSSESSION AND USE OF FALSE 3. The offender falsifies a document,
TREASURY OR BANK NOTES AND OTHER INSTRUMENTS
OF CREDIT DOCUMENT- any written statement by which a right is
ELEMENTS: established or an obligation extinguished or by which a
1) That the treasury or bank note or certificate or fact may be proven or affirmed
other obligation and certificate payable to bearer
or any instrument payable to order or other DIFFERENT MODES OF FALSIFYING A DOCUMENT:
document of credit not payable to bearer is forged
or falsified by another i. COUNTERFEITING OR IMITATING ANY HANDWRITING
,SIGNATURE OR RUBRIC
2) The offender knows that any of these instrument is
forged or falsified Requisites:
a) That there be an intent to imitate or an attempt
3) That he performs any of these acts: to imitate
a) Using any of such forged or falsified b) The two signature or handwriting, the genuine
instruments and the forged bear some resemblance to each
b) Possession with intent to use, any of the forged other
or falsified documents ii. CAUSING IT TO APPEAR THAT PERSONS HAVE
PARTICIPATED IN AN ACT OR PROCEEDING
 ART 169 - HOW FORGERY IS COMMMITTED
Requisites:
How Committed: a) that the offender caused it to appear in a
1) By giving to treasury or bank note or any document that a person or persons
instrument payable to bearer or to order the participated in an act or proceeding
appearance of a true and genuine document b) that such persons did not in fact so
participate in the action proceeding
2) By erasing, substituting, or altering by any means
the figures, letters, words or signatures contained iii. ATTRIBUTING TO PERSONS WHO HAVE
therein PARTICIPATED IN ANY ACT OR PROCEEDING
STATEMENTS OTHER THAN THOSE IN FACT MADE BY
 Includes falsification and counterfeiting THEM

Sec. 4- Falsification of legislative, public, commercial Requisites:


and private documents and wireless, telegraph and a) that persons participated in an act or
telephone messages proceeding
b) that such person or persons made
statements in that act or proceeding
 ART170 - FALSIFICATION OF LEGISLATIVE c) that the offender in making a document,
DOCUMENT attributed to such person, statements other
than those in fact made by such person.
ELEMENTS:
1) That there be a bill, resolution or ordinance iv. MAKING UNTRUTHFUL STATEMENTS IN A NARRATION
enacted or approved by either House of the OF FACTS

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
70 2005 CENTRALIZED BAR OPERATIONS

a) That the offender committed any of the acts of


Requisites: falsification except those in par. 7, enumerated
a) That the offender makes in a document statements in Art.171.
in a narration of facts b) That the falsification was committed in a
b) That he has the legal obligation to disclose the private document.
truth of the facts narrated by him c) That the falsification caused damage to a third
c) That the facts narrated by the offender are party or at least the falsification was
absolutely false committed with the intent to cause damage
d) That the perversion of truth in the narration of
facts was made with the wrongful intent of 3. Use of falsified documents
injuring a third person
ELEMENTS:
v. ALTERING TRUE DATES Introducing in a judicial proceeding-
1. that the offender knew that the document was
 Date must be essential. falsified by another person
2. that he false document was embraced in Art.
 The alteration of the date or dates in a document 171 or in any subdivisions No.1 or 2 of art. 172
must affect either the veracity of the document or 3. that he introduced said document in evidence
the effects thereof. in any judicial proceeding

 Alteration of dates in official receipts to prevent Use in any other transaction-


discovery of malversation is falsification 1. That the offender knew that the document was
falsified by another person
vi. MAKING ALTERATION OR INTERCALATION IN GENUINE
DOCUMENT WHICH CHANGSE ITS MEANING 2. that the false document was embraced in Art.
171 or in any of subdivision No. 1 or 2 of Art.
Requisites: 172
a) That there be an alteration or intercalation
(insertion) on a document 3. that he used such document (not in judicial
b) That it was made on a genuine document proceeding)
c) That the alteration and intercalation has changed
the meaning of the document 4. that the use of the false document caused
d) That the change made the document speak damage to another or at least it was used with
something false intent to cause damage

vii. ISSUING IN AN AUTHENTICATED FORM A DOCUMENT FALSIFICATION AS A MEANS TO COMMIT ESTAFA


PURPORTING TO BE A COPY OF AN ORIGINAL DOCUMENT FALSIFICATION OF FALSIFICATION OF
WHEN NO SUCH ORIGINAL EXIST OR INCLUDING IN SUCH PUBLIC/OFFICIAL PRIVATE
A COPY A STATEMENT CONTRARY TO OR DIFFERENT OR COMMERCIAL DOCUMENT
FROM THAT OF THE GENUINE ORIGINAL DOCUMENT

 CANNOT be committed by a private individual or by When committed as Even when


a notary or public officer who DOES NOT take a necessary means to committed as a
advantage of his official position. commit estafa, necessary means to
complex crime is commit estafa, the
committed crime is either estafa
 Intent to gain or prejudice is not necessary or falsification only,
because in this type
of falsification, an
 ART. 172 - FALSIFICATION BY PRIVATE act independent of
INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS falsification is
required to show
Acts Punished: intent to defraud
1. Falsification of public, official or commercial
document by a private individual

ELEMENTS:
a) The offender is a private individual or a public
officer or employee who did not take FALSIFICATION BY PRIVATE INDIVIDUAL VS.
advantage of his official position FALSIFICATION OF PUBLIC OFFICER
b) That he committed any of the acts of Art. 172 Art. 171
falsification enumerated in Art.171
c) That the falsification was committed in a
public or official or commercial document

2. Falsification of private document by any person

ELEMENTS:

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS


Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 71

MEMORY AID IN CRIMINAL LAW


 ART. 177 - USURPATION OF AUTHORITY OR
The prejudice to a Prejudice to third OFICIAL FUNCTIONS
third party is taken person is immaterial;
into account so that what is punished is HOW COMMITTED:
if damage is not the violation of
1) By misrepresenting oneself to be an officer, agent
apparent, or at least public faith and the
if with no intent to perversion of truth or representative of the government, whether
cause it, the local, national or foreign
falsification is not 2) By performing any act pertaining to a person in
punishable authority or public officer of the government under
the pretense of official position and without
authority
 ART. 173 - FALSIFICATION OF WIRELESS, CABLE,
TELEGRAPH AND TELEPHONE MESSAGES AND USE OF  May be violated by a public officer
SAID FALSIFIED MESSAGES
 ART. 178 - USING FICTITIOUS NAME AND
Acts Punished: CONCEALING TRUE NAME
1. Uttering fictitious wireless, telegraph, or telephone
messages ELEMENTS: (using fictitious name)
1) That the offender uses a name other than his real
2. Falsifying wireless, telegraph or telephone name
messages 2) That he uses that fictitious name publicly
3) That the purpose of the offender is-
3. Using such falsified messages a. To conceal a crime
b. To evade the execution of a judgment
Section Five – Falsification of medical certificates, c. To cause damage to public interest
certificates of merit or service and the like
ELEMENTS: (Concealing true name)
 ART. 174 - FALSE MEDICAL CERTIFICATES, FALSE 1. That the offender conceals-
CERTIFICATE OF MERIT OR SERVICE a. his true name
b. all other personal circumstances
PERSONS LIABLE: 2. That the purpose is only to conceal his identity
1. physician or surgeon who, in connection with he
practice of profession issued a false certificate
2. public officer who issued a false certificate of  ART. 179 - ILLEGAL USE OF UNIFORM OR INSIGNIA
merit or service, good conduct or similar
circumstances ELEMENTS:
3. private individual who falsified a certificate falling 1) That the offender make use of insignia, uniform or
in the classes mentioned in Nos. 1 and 2 dress
2) That the insignia, uniform or dress pertains to an
 ART. 175 - USING FALSE CERTIFICATES office not held by the offender or to a class of
person of which he is not a member
ELEMENTS: 3) That said insignia, uniform or dress is used publicly
1) that a false certificate mentioned in the preceding and improperly
article was issued
2) that the offender knew that the certificate was Section Two - False Testimony
false
3) that he used the same FALSE TESTIMONY- is committed by any person who,
Section Six – Manufacturing, importing and being under oath, and required to testify as to the
possession of instruments or implements intended truth of a certain matter at a hearing before a
for the commission of falsification competent authority, shall deny the truth or say
something contrary to it.
 ART. 176 - MANUFACTURING AND POSSESSION OF
INSTRUMENTS AND IMPLEMENTS FOR FALSIFICATION
 ART. 180 - FALSE TESTIMONY AGAINST A
Acts Punished: DEFENDANT
1) Making or introducing into the Philippines any
stamps, dies, marks, or other instruments or ELEMENTS:
implements for counterfeiting 1. That there be a criminal proceeding
2) Possession with intent to use the instruments or 2. That the offender testifies falsely under oath
implements for counterfeiting or falsification made against the defendant therein
in or introduced into the Philippines by another 3. That the defendant who gives false testimony
person knows that it is false
4. That the defendant against whom the false
Chapter Two: Other Falsities (Arts. 177-184) testimony is given is either acquitted or convicted
in a final judgment
Section One – Usurpation of authority, rank, title,
and improper use of names, uniforms and insignia

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
72 2005 CENTRALIZED BAR OPERATIONS

 Defendant must be sentenced to at least a ART. 186 - MONOPOLIES AND COMBINATIONS IN


correctional; penalty or a fine, or must be RESTRAINT OF TRADE
acquitted
Acts Punishable:
1. Combination or conspiracy to prevent free
 ART.181 - FALSE TESTIMONY FAVORABLE TO THE competition in market
DEFENDANT 2. Monopoly to restrain free competition in market
3. Making transactions prejudicial to lawful commerce
 Conviction or acquittal of defendant in principal or to increase the market price of merchandise
case not necessary
 If the offense affects any food substance or
other particles of prime necessity, it is
ART. 182 - FALSE TESTIMONY IN CIVIL CASES sufficient that initial steps are taken.

ELEMENTS:  ART. 187 - IMPORTATION AND DISPOSITION OF


1) That the testimony must be given in a civil case FALSELY MARKED ARTICLES OR MERCHANDISE MADE
2) That the testimony must relate to the issues OF GOLD, SILVER OR OTHER PRECIOUS METALS OR
presented in said case THEIR ALLOYS
3) That the testimony must be false
4) That the false testimony must be given by the ELEMENTS:
defendant knowing it to be false 1) That the offender imports, sells or disposes any of
5) That the testimony must be malicious and given those articles
with an intent to affect the issues presented in said 2) That the stamps, brands or marks of those articles
case. or merchandise fail to indicate the actual fineness
or quality of said metal or alloy
 ART. 183 - PERJURY 3) That the offender knows that the stamps, brands,
or marks fail to indicate the actual fineness or
Two ways of committing perjury: quality of said metal or alloy
1. By falsely testifying under oath
2. By making a false affidavit NOTE: Arts. 188 and 189 have been repealed by the
Intellectual Property Code.
ELEMENTS:
1) That the accused made a statement under oath or RA 455- LAW ON SMUGGLING
executed an affidavit upon a material matter
Acts Punishable:
2) That the statement or affidavit was made before a 1. That the merchandise must have been fraudulently
competent officer authorized to receive and or knowingly imported contrary to law
administer oath 2. That the defendant if he is not the importer
himself, must have received, concealed, bought,
3) That in that statement or affidavit, the accused sold or in any manner facilitated the
made a willful and deliberate assertion of a transportation, concealment, or sale of the
falsehood merchandise and that he must be shown to have
knowledge that the merchandise had been illegally
4) That the sworn statement or affidavit containing imported.
the falsity is required by law
TITLE FIVE: CRIMES RELATED TO OPIUM AND OTHER
 ART.184 - OFFERING FALSE TESTIMONY IN PROHIBITED DRUGS
EVIDENCE
REPUBLIC ACT NO. 9165
ELEMENTS: COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
1) That the offender offered in evidence a false (Repealing RA No. 6425, otherwise known as the
witness or testimony Dangerous Drugs Act of 1972)
2) That he knew the witness or testimony was false
3) That the offer was made in a judicial or official Declaration of Policy (Sec. 2)
proceeding 1. It is the policy of the State to safeguard the
integrity of its territory and the well-being of its
Chapter Three: Frauds (Arts. 185-189) citizenry particularly the youth, from the harmful
effects of dangerous drugs on their physical and
 ART. 185 - MACHINATIONS IN PUBLIC AUCTIONS mental well-being and to defend the same against
Acts Punishable: acts or omissions detrimental to their development
1. Soliciting any gift or promise as a consideration for and preservation.
refraining from taking part in the public auction 2. To provide effective mechanisms or measures to re-
integrate into society individuals who have fallen
2. Attempting to cause bidders to stay away from an victims to drug abuse or dangerous drug
auction by threats, gifts, promises or any artifice dependence through sustainable programs of
treatment and rehabilitation.
 There should be an intention to reduce the price
Controlled Precursors and Essential Chemicals –
include those listed in Tables I and II of the 1988 UN
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 73

MEMORY AID IN CRIMINAL LAW


Convention Against Illicit Traffic in Narcotic Drugs and 10. Possession of Equipment, Instrument, Apparatus
Psychotropic Substances. and Other Paraphernalia During Parties, Social
Gatherings or Meetings
Dangerous Drugs – include those listed in the Schedules 11. Use of Dangerous Drugs
annexed to the 1961 Single Convention on Narcotic 12. Cultivation or Culture of Plants Classified as
Drugs, as amended by the 1972 Protocol, and in the Dangerous Drugs or are Sources thereof.
Schedules annexed to the 1971 Single Convention on  The maximum penalty shall be imposed upon
Psychotropic Substances. the offender if the land involved is part of the
public domain.
UNLAWFUL ACTS AND PENALTIES (ART. II)  If the land used is private land, the same shall
be confiscated and escheated in favor of the
Dangerous Drugs State, unless the owner thereof can prove lack
1. Importation of knowledge despite the exercise of due
 The maximum penalty shall be imposed upon diligence on his part.
any person who, without being authorized, 13. Maintenance and Keeping of Original Records of
shall import or bring into the Philippines Transactions
dangerous drugs through the use of diplomatic  An additional penalty shall be imposed through
passport, diplomatic facilities or any other the revocation of the license to practice his
means involving his/her official status intended /her profession, in case of a practitioner, or of
to facilitate the unlawful entry of the same. In the business, in case of a manufacturer, seller,
addition, the diplomatic passport shall be importer, etc.
confiscated and cancelled. 14. Unnecessary Prescription of Dangerous Drugs
2. Sale, Trading, Administration, Dispensation, 15. Unlawful Prescription of Dangerous Drugs.
Delivery, Distribution and Transportation
 The maximum penalty shall be imposed:  For nos. 1, 2, 3 5 and 12, the maximum penalty
a) If the sale, trading, etc. transpires within shall be imposed upon any person, who organizes,
one hundred (100) meters from the school. manages or acts as a “financier” in any of the
b) For drug pushers who use minors or illegal activities involved therein.
mentally incapacitated individuals as
runners, couriers and messengers, or in any Controlled Precursors and Essential Chemicals
other capacity directly connected to the 1. Importation
trade.  The maximum penalty shall be imposed upon
c) If the victim of the offense is a minor or a any person who, without being authorized,
mentally incapacitated individual, or shall import or bring into the Philippines
should a dangerous drug involved in any controlled precursors and essential chemicals
offense herein provided be the proximate through the use of diplomatic passport,
cause of death of a victim thereof. diplomatic facilities or any other means
3. Maintenance of a Den, Dive or Resort involving his/her official status intended to
 The maximum penalty shall be imposed: facilitate the unlawful entry of the same. In
a) Where any dangerous drug is administered, addition, the diplomatic passport shall be
delivered or sold to a minor who is allowed confiscated and cancelled
to use the same in such place. 2. Sale, Trading, Administration, Dispensation,
b) Should any dangerous drug be the Delivery, Distribution and Transportation
proximate cause of the death of a person  The maximum penalty shall be imposed:
using the same in such den, dive or resort. a) If the sale, trading, etc. transpires within
 If such den, dive or resort is owned by a third one hundred (100) meters from the school.
person, the same shall be confiscated and b) For drug pushers who use minors or
escheated in favor of the government. mentally incapacitated individuals as
4. Employees and Visitors of a Den, Dive or Resort runners, couriers and messengers, or in any
5. Manufacture of Dangerous Drugs other capacity directly connected to the
6. Manufacture or Delivery of Equipment, Instrument, trade.
Apparatus and Other Paraphernalia c) If the victim of the offense is a minor or a
 The maximum penalty shall be imposed upon mentally incapacitated individual, or
any person, who uses a minor or a mentally should a dangerous drug involved in any
incapacitated individual to deliver such offense herein provided be the proximate
equipment, instrument, etc. cause of death of a victim thereof.
7. Possession of Dangerous Drugs 3. Maintenance of a Den, Dive or Resort
8. Possession of Equipment, Instrument, Apparatus  If such den, dive or resort is owned by a third
and Other Paraphernalia person, the same shall be confiscated and
 The possession of such equipment, instrument, escheated in favor of the government.
etc. shall be prima facie evidence that the 4. Employees and Visitors of a Den, Dive or Resort
possessor has smoked, consumed, administered 5. Manufacture of Controlled Precursors and Essential
to himself/herself, injected, ingested or used a Chemicals
dangerous drug. 6. Illegal Chemical Diversion of Controlled Precursors
9. Possession of Dangerous Drugs During Parties, Social and Essential Chemicals
Gatherings and Meetings. 7. Manufacture or Delivery of Equipment, Instrument,
Apparatus and Other Paraphernalia

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
74 2005 CENTRALIZED BAR OPERATIONS

 The maximum penalty shall be imposed upon


any person, who uses a minor or a mentally  The maximum penalties of the unlawful acts shall
incapacitated individual to deliver such be imposed, in addition to absolute perpetual
equipment, instrument, etc. disqualification from any public office, if those
8. Maintenance and Keeping of Original Records of found guilty of such unlawful acts are government
Transactions officials and employees. (Sec. 28)
 An additional penalty shall be imposed through
the revocation of the license to practice his  Any person who is found guilty of “planting” any
/her profession, in case of a practitioner, or of dangerous drug and/or controlled precursor and
the business, in case of a manufacturer, seller, essential chemical, regardless of quantity and
importer, etc. purity, shall suffer the penalty of death. (Sec. 29)

 For nos. 1, 2, 3 and 5, the maximum penalty shall  In case any violation of this Act is committed by a
be imposed upon any person, who organizes, partnership, corporation, association or any
manages or acts as a “financier” in any of the juridical entity, the partner, president, director,
illegal activities involved therein. manager, trustee, estate or administrator, or
officer who consents to or knowingly tolerates such
 The presence of any controlled precursor and violation shall be held criminally liable as a co-
essential chemical or laboratory equipment in a principal. (Sec. 30)
clandestine laboratory is a prima facie proof of
manufacture of dangerous drugs.  In addition to the penalties prescribed in the
unlawful act committed, any alien who violates
 Every penalty imposed shall carry with it the such provisions of this Act shall, after service of
confiscation and forfeiture, in favor of the sentence, be deported immediately without further
government, of all the proceeds and properties proceedings, unless death is the penalty. (Sec. 31)
derived from the unlawful act, including, but not
limited to DANGEROUS DRUGS TEST AND RECORD REQUIREMENT
a) money and other assets obtained thereby, and (ART. III)
b) the instruments or tools with which the
particular unlawful act was committed, The following shall be subjected to undergo drug
unless they are the property of a third person not testing:
liable for the unlawful act, but those which are not a) Applicants for driver’s license.
of lawful commerce shall be ordered destroyed. b) Applicants for firearm’s license and for permit to
(Sec. 20) carry firearms outside of residence.
 All persons who by the nature of their
 Any person charged under any provision of this Act profession carry firearms shall undergo drug
regardless of the imposable penalty shall not be testing.
allowed to avail of the provisions of plea- c) Students of secondary and tertiary schools.
bargaining. (Sec. 23) d) Officers and employees of public and private
offices (whether domestic or overseas)
 Any person convicted for drug trafficking or pushing  Shall be subjected to undergo a random drug
under this Act, regardless of the penalty imposed test. Any officer or employee found positive of
by the Court, cannot avail of the privilege granted use of dangerous drugs shall be dealt with
by the Probation Law (PD No. 968, as amended). administratively which shall be a ground for
(Sec. 24) suspension or termination subject to the
provisions of Art. 282 of the Labor Code and
 Notwithstanding the provisions of the law to the pertinent provisions of the Civil Service Law.
contrary, a positive finding for the use of e) Officers and members of the military, police and
dangerous drugs shall be a qualifying aggravating other law enforcement agencies shall undergo an
circumstance in the commission of a crime by an annual mandatory drug test.
offender, and the applicable penalty provided for f) All persons charged before the prosecutor’s office
in the RPC shall be applicable. (Sec. 25) with a criminal offense having an imposable
penalty of imprisonment of not less that six (6)
Attempt or Conspiracy to commit the following years and one (1) day shall have to undergo a
unlawful acts shall be penalized by the same penalty mandatory drug test.
prescribed for the commission of the same under this g) All candidates for public office whether appointed
Act: or elected both in the national or local government
a) Importation of any dangerous drug and/or shall undergo a mandatory drug test.
controlled precursor and essential chemical;
b) Sale, trading, administration, dispensation,  Those found to be positive for dangerous drugs
delivery, distribution and transportation of any shall be subject to the provisions of Sec. 15 (Use of
dangerous drug and/or controlled precursor and Dangerous Drugs), which involves rehabilitation for
essential chemical; a minimum period of 6 months for the first offense,
c) Maintenance of a den, dive or resort where any or imprisonment of 6 to 12 years for the second
dangerous drug is used in any form; offense.
d) Manufacture of any dangerous drug and/or
controlled precursor and essential chemical; and  The privilege of suspended sentence shall be
e) Cultivation or culture of plants which are sources of availed of only once by an accused drug dependent
dangerous drugs. (Sec. 26) who is a first-time offender over fifteen (15) years
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 75

MEMORY AID IN CRIMINAL LAW


of age at the time of the commission of the
violation of Section 15 (Use of Dangerous Drugs) but
not more than eighteen (18) years of age at the  ART. 196 – IMPORTATION SALE AND POSSESSION OF
time when judgment should be promulgated. (Sec. LOTTERY TICKETS OR ADVERTISEMENTS
68)
ACTS PUNISHED RELATIVE TO LOTTERY TICKETS OR
DANGEROUS DRUGS BOARD AND PHILIPPINE DRUG ADVERTISEMENTS
ENFORCEMENT AGENCY (ARTICLE IX) 1. By importing into the Philippines from any foreign
place or port any lottery ticket or advertisement.
Dangerous Drugs Board – shall be the policy-making 2. By selling or distributing the same in connivance
and strategy-formulating body in the planning and with the importer.
formulation of policies and programs on drug 3. By possessing , knowingly and with intent to use ,
prevention and control. lottery tickets or advertisements.
4. By selling or distributing the same without
Philippine Drug Enforcement Agency (PDEA) – shall connivance with the importer.
serve as the implementing arm of the Board, and shall
be responsible for the efficient and effective law  The possession of any lottery ticket or
enforcement of all the provisions on any dangerous advertisement is prima facie evidence of an intent
drug and/or controlled precursor and essential to sell, distribute or use the same.
chemical as provided in the Act.

 Among the powers and duties of the PDEA is to  ART. 198 – ILLEGAL BETTING ON HORSE RACES
prepare for prosecution or cause the filing of
appropriate criminal and civil cases violation of all ACTS PUNISHABLE IN ILLEGAL BETTING ON HORSE
laws on dangerous drugs, controlled precursors and RACES
essential chemicals, and other similar controlled 1. By betting on horse races during the periods
substances, and assist, support and coordinate with not allowed by law.
other government agencies for the proper and 2. By maintaining or employing a totalizer or
effective prosecution of the same. (Sec. 84 [h]) other device or scheme for betting on races or
realizing profit therefrom, during the periods not
 The PDEA shall be the lead agency in the allowed by law.
investigation of any violation of RA No. 9165. (Sec.
86, last par.)
Chapter Two: Offenses Against Decency and Good
TITLE SIX: CRIMES AGAINST PUBLIC MORALS Customs ((Arts. 200-202)

Chapter One: Gambling and Betting (Arts. 195-199)  ART. 200 – GRAVE SCANDAL

 Arts. 195-199 and provisions of PD 483 and 449 are ELEMENTS


repealed insofar as they are inconsistent with PD 1. That the offender performs an act or acts.
1602, which provides for stiffer penalties for 2. That such act or acts be highly scandalous as
violation of the Gambling Laws. offending against decency or good customs.
3. That the highly scandalous conduct is not expressly
GAMBLING falling within any article of this code.
 Is any game of chance or scheme, whether upon 4. That the act or acts complained of be committed in
chance or skill, wherein wagers consisting of a public place or within the public knowledge or
money, articles or value or representative of value view.
are at stake or made. DECENCY
 means proprietary of conduct; proper observance of
ELEMENTS OF LOTTERY the requirements of modesty , good taste, etc.
1. consideration
2. chance CUSTOMS
3. prize or some advantage or inequality in amount or  established usage, social conventions carried on by
value which is in the nature of a prize. tradition and enforced by social disapproval of any
violation thereof.
KNOWINGLY PERMITING GAMBLING TO BE CARRIED ON
IN A PLACE OWNED OR CONTROLLED BY THE GRAVE SCANDAL
OFFENDER  consists of acts which are offensive to decency and
good customs which, having committed publicly, have
ELEMENTS: given rise to public scandal to persons who have
1. That a gambling game was carried on in an accidentally witnessed the same.
inhabited or uninhabited place or in any building ,
vessel or other means of transportation.
2. That the place, building, vessel or other means of  ART. 201 – IMMORAL DOCTRINES, OBSCENE
transportation is owned or controlled by the PUBLICATIONS AND EXHIBITIONS, AND INDECENT
offender. SHOWS
3. That the offender permitted the carrying on of PERSONS LIABLE:
such games , knowing that it is a gambling game.

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
76 2005 CENTRALIZED BAR OPERATIONS

1. Those who shall publicly expound or proclaim place belonging to another without any lawful or
doctrines openly and contrary to public morals. justifiable purpose
2. The authors of obscene literature, published with
their knowledge in any form; the editors publishing PROSTITUTES
such literature; and the owners, operating the  women who, for money or profit habitually indulge
establishment or selling the same. in sexual intercourse or lascivious conduct
3. Those who, in theaters, fairs, cinematographs or
any other place, exhibit indecent or immoral shows VAGRANTS
which are proscribed or are contrary to morals, 1. An idle or dissolute person who lodges in houses of
good customs, established policies, lawful orders, ill-fame
decrees and edicts 2. Ruffian or pimp; or
4. Those who shall give away or exhibit films, prints, 3. One who habitually associates with prostitutes.
engravings, sculpture or literature which are
offensive to morals TITLE SEVEN: CRIMES COMMITTED BY PUBLIC
OFFICERS
 Publicity is required
Chapter One: Preliminary Provisions (Art. 203)
MORALS
 imply conformity with the generally accepted  ART. 203 - WHO ARE PUBLIC OFFICERS
standards of goodness or rightness in conduct or
character, sometimes, specifically, to sexual conduct. REQUISITES:
To be a public officer one must be –
THE TEST OF OBSCENITY 1. Taking part in the performance of public functions
 the test is whether the tendency of the matter in the government , or performing in said
charged as obscene, is to corrupt those whose minds Government or in any of its branches public duties
are open to such influences, and into whose hands such as an employee, agent or subordinate official, of
a publication may fall and also whether or not such any rank or class; and
publication or act shocks the ordinary and common 2. That his authority to take part in the performance
sense of men as an indecency. of public functions or to perform public duties must
be-
INDECENCY a) by direct provision of the law, or
 an act against the good behavior and a just delicacy b) by popular election, or
c) by appointment by competent authority
DISPOSITION OF PROHIBITED ARTICLES
The disposition of the literature, films, prints,
engravings, sculptures, paintings or other materials Chapter Two: Malfeasance and Misfeasance in Office
involved in violation shall be governed by the following (Arts. 204-212)
rules:
1. Upon conviction of the offender – to be forfeited in Section One – Dereliction of Duty
favor of the government to be destroyed.
2. Where the criminal case against the violator of the Misfeasance – improper performance of some act which
decree results in an acquittal – to be forfeited in might lawfully be done.
favor of the government to be destroyed, after
forfeiture proceedings conducted by the chief Malfeasance – the performance of some act which
constabulary. ought not to be done.
3. The person aggrieved by the forfeiture action of Nonfeasance – omission of some act which out to be
the Chief of Police may, within 15 days after his performed
receipt of the copy of the decision, appeal the
matter to the Secretary of the National Defense for
review. The decision of the Secretary of the  ART. 204 – KNOWINGLY RENDERING UNJUST
National Defense shall be final and unappealable. JUDGMENT
(sec. 2, P.D. 969)
ELEMENTS:
 ART. 202 – VAGARANTS AND PROSTITUTES 1. That the offender is a judge
PERSONS LIABLE: 2. That he renders a judgment in a case submitted to
1. Any person having no apparent means of him for decision
subsistence, who has the physical ability to work 3. That the judgment is unjust
and who neglects to apply himself to some lawful 4. That the judge knows that his judgment is unjust
calling
2. Any person found loitering about public or JUDGMENT
semipublic buildings or places or tramping or  the final consideration and determination of a court
wondering about the country or the streets without of competent jurisdiction upon the matters submitted
visible means of support to it, in an action or proceeding.
3. Any idle or dissolute person who lodges in houses of
ill fame; ruffians or pimps and those who habitually SOURCES OF UNJUST JUDGMENT
associate with prostitutes a) Error, or
4. Any person who, not being included in the b) ill-will or revenge, or
provisions of other articles of this code, shall be c) Bribery
found loitering in any inhabited or uninhabited
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 77

MEMORY AID IN CRIMINAL LAW


 There is no liability at all for a mere error in good 1. Causing damage to his client, either:
faith a) by any malicious breach of professional duty; or
b) inexcusable negligence or ignorance

 ART. 205 - JUDGMENT RENDERED THROUGH 2. Revealing any of the secrets of his client learned by
NEGLIGENCE him in his professional capacity
 damage not necessary
ELEMENTS:
1. That the offender is a judge 3. Undertaking the defense of the opposing party in
2. That he renders a judgment in a case submitted to the same case without the consent of his first
him for decision client
3. That the judgment is manifestly unjust  if the client consents to the attorney’s taking
4. That it is due to his inexcusable negligence or the defense of the other party, there is no
ignorance crime

MEANING OF “manifestly unjust judgment” PROCURADOR JUDICIAL


It so manifestly contrary to law, that even a person  a person who had some practical knowledge of law
having a meager knowledge of the law cannot doubt and procedure, but not a lawyer, and was permitted to
the injustice represent a party in a case before an inferior court.

 ART.206 – UNJUST INTERLOCUTORY ORDER


Section Two – Bribery
ELEMENTS:
1. That the offender is a judge  ART. 210 – DIRECT BRIBERY

2. That he performs any of the following acts: PUNISHABLE ACTS:


a) knowingly renders unjust interlocutory order or 1. By agreeing to perform , or by performing in
decree, or consideration of any offer, promise, gift or present,
b) renders a manifestly unjust interlocutory order an act constituting a crime, in connection with the
or decree through inexcusable negligence or performance of official duties
ignorance 2. By accepting a gift in consideration of the
execution of an act which do not constitute a
crime, in connection with the performance of his
 ART. 207 – MALICIOUS DELAY IN THE official duty
ADMINISTRATION OF JUSTICE 3. By agreeing to refrain, or by refraining, from doing
something which it is his official duty to do, in
ELEMENTS: consideration of a gift or promise
1. That the offender is a judge
2. That there is a proceeding in court ELEMENTS OF DIRECT BRIBERY:
3. That he delays the administration of justice 1. That the offender be a public officer
4. That the delay is malicious, that is, the delay is 2. That the offender accepts an offer or a promise or
caused by the judge with deliberate intent to receives a gift or present by himself or through
inflict damage on either party in the case another
3. That such offer or promise be accepted, or gift or
present received by the public officer-
 ART. 208 - PROSECUTION OF OFFENSES; a) with a view to committing some crime; or
NEGLIGENCE AND TOLERANCE b) in consideration of the execution of an act
which does not constitute a crime, but the act
PUNISHABLE ACTS: must be unjust; or
1. By maliciously refraining from instituting c) to refrain from doing something which it is his
prosecution against violators of the law official duty to do.
2. By maliciously tolerating the commission of a crime 4. That the act which the offender agrees to perform
or which he executes be connected with the
REQUISITES: performance of his official duties
1. That the offender is a public officer who has a duty
to cause the prosecution of, or to prosecute  For the purpose of punishing bribery, the
offenses temporary performance of public functions is
2. That knowing the commission of the crime, he does sufficient to constitute a person a public officer
not cause the prosecution of the criminal or
knowing that a crime is about to be committed he
tolerates its commission  ART. 211 – INDIRECT BRIBERY
3. That the offender acts with malice and deliberate
intent to favor the violator of the law ELEMENTS:
1. That the offender is a public officer.
 ART. 209 - BETRAYAL OF TRUST BY AN ATTORNEY 2. That he accepts gifts
OR SOLICITOR- REVELATION OF SECRETS 3. That the said gifts are offered to him by reason of
his office
PUNISHABLE ACTS:

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
78 2005 CENTRALIZED BAR OPERATIONS

DIRECT BRIBERY INDIRECT BRIBERY by competent authority or an offense in connection


As to consideration with the official duties of the latter, or allowing
In both crimes the public officer receives gift himself to be persuaded, induced, or influenced to
As to existence of agreement commit such violation or offense.
There is agreement No such agreement
between the public exist B. Directly or indirectly requesting or receiving any gift
officer and the giver , present, share, percentage, or benefit, for
of the gift or himself or for any other person, in connection with
present any other contract or transaction between the
As to necessity of the performance of government and any other party, wherein the
the act public officer in his official capacity has to
The offender agrees It is not necessary
that the
intervene under the law.
to perform or
performs an act or officer should
refrains from doing do any C. Directly or indirectly requesting or receiving any
something, because particular act gift , present or other pecuniary or material
of the gift or promise or even benefit, for himself or for another, from any person
promise to do for whom the public officer, in any manner or
an act, as it is
enough that he capacity has secured or obtained, or will secure or
accepts gifts obtain, any government permit or license, in
offered to him consideration for the help given or to be given,
by reason of without prejudice to Sec. 13 of this act.
his office
D. Accepting or having any member of his family accept
 ART. 211-A employment in a private enterprise which has
QUALIFIED BRIBERY pending official business with him during the
pendency thereof or within 1 year after his
ELEMENTS: termination.
1. That the offender is a public officer entrusted with
law enforcement E. Causing any undue injury to any party, including the
2. That the offender refrains from arresting or government, or giving any private party any
prosecuting an offender who has committed a unwarranted benefits, advantage or preference in
crime punishable by reclusión perpetua and/or the discharge of his administrative or judicial
death functions through manifest partiality, evident bad
3. That the offender refrains from arresting or faith or gross inexcusable negligence. This
prosecuting the offender in consideration of any provision shall apply to officers and employees of
promise, gift or present offices or Government corporations charged with
the grant of licenses or permits or other
concessions.
 ART. 212 – CORRUPTION OF PUBLIC OFFICIALS
F. Neglecting or refusing, after due demand or request,
ELEMENTS: without sufficient justification, to act within
1. That the offender makes offers or promises or gives reasonable time on any matter pending before him
gifts or presents to a public officer for the purpose of obtaining, directly or indirectly,
2. That the offers or promises are made or the gifts or from any person interested in the matter some
presents given to a public, officer, under pecuniary or material benefit or advantage, or for
circumstances that will make the public officer the purpose of favoring his own interest or giving
liable for direct bribery or indirect bribery undue advantage in favor of or discriminating
against any other interested party.

ANTI-GRAFT AND CORRUPT PRACTICES ACT G. Entering on behalf of the Government, into any
(RA 3019 as amended by RA 3047, PD 77 and BP contract or transaction manifestly and grossly
195) disadvantageous to the same, whether or not the
public officer profited or will profit thereby.
Section 2.Definition of Terms
H. Directly or indirectly having financial or pecuniary
Government – the national government , the local interest in any business, contract or transaction in
government, the GOCC’s & all other instrumentalities connection with which he intervenes or takes part
or agencies of the government in his official capacity, or in which he is prohibited
by the Constitution or by law from having any
Public Officer- elective & appointive officials & interest.
employees, permanent or temporary, whether in the
classified or unclassified or exempt services receiving I. Directly or indirectly becoming interested, for
compensation, even nominal from the government personal gain, or having material interest in any
transaction or act requiring the approval of a
Section 3. Corrupt Practices of Public Officials board, panel or group which he is a member; and
which exercises discretion in such approval, even if
A. Persuading, inducing or influencing another public he votes against the same or does not participate
official officer to perform an act constituting a in the action of the board, committee, panel or
violation of rules and regulations duly promulgated group.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 79

MEMORY AID IN CRIMINAL LAW


Interest for personal gain shall be presumed against The member of Congress or other public officer,
those public officers responsible for the approval of who, having such interest prior to the approval of a law
manifestly unlawful, inequitable , or irregular or resolution authored or recommended by him,
transactions or acts by the board, panel or group to continues for thirty days after such approval to retain
which they belong. his interest also violates this section.

J. Knowingly approving or granting any license, Section 8. Prima facie evidence of and dismissal due
permit, privilege or benefit in favor of any person to unexplained wealth.
not qualified for or not legally entitled to such
license, permit, privilege or advantage, or of a A public official who has been found to have
mere representative or dummy of one who is not acquired during his incumbency, whether in his name
qualified or entitled. or the name of other persons, an amount of property
and/or money manifestly out of proportion to his salary
K. Divulging valuable information of a confidential and to his lawful income (RA 1319) – GROUND FOR
character, acquired by his office or by him on FORFEITURE OF UNEXPALINED WEALTH
account of his official position to unauthorized
persons , or releasing such information in advance Section 11.Prescription of offenses
of its authorized date. 15 YEARS – prescriptive period of all offenses
under the Act
Section 4. Prohibition on Private individuals.

A. Taking advantage of family or personal close Section 12. Termination of office


relation with public official is punished. NO PUBLIC OFFICER IS ALLOWED TO RESIGN OR RETIRE:
1. Pending investigation, criminal or
B. Knowingly inducing or causing any public official to administrative or
commit any of the offenses defined in Section 3. 2. Pending a prosecution against him
3. For any offense under the Act or under the
Section 5. Prohibition on certain relatives provisions of the RPC on Bribery
Section. 14. Exception
The spouse or any relative, by consanguinity,
within the 3rd civil degree, of the President, the Unsolicited gifts or presents of small or insignificant
Vice-President, Senate President, or the Speaker of value offered or given as a mere ordinary token of
the House of Representatives is prohibited to gratitude of friendship according to local custom or
intervene directly or indirectly, in any business, usage
transaction, contract or application with the
government.
ANTI-PLUNDER ACT
EXCEPTIONS TO THE PROVISIONS: RA 7080
1. Any person who prior to the assumption of office of
any of those officials to whom he is related, has Means or schemes to acquire ill-gotten wealth:
been already dealing with the government along
the same line of business, nor to any transaction, 1. Through misappropriation, conversion, misuse or
contract or application already existing or pending malversation of public funds or raids on the public
at the time of such assumption of public office treasury
2. By receiving directly or indirectly, any commission,
2. Any application filed by him, the approval of which gift, share, percentage or any other form of
is not discretionary on the part of the official or pecuniary benefit from any person and/or entity in
officials concerned but depends upon compliance connection with any government contract/project
with the requisites provided by law, or rules or or by reason of his office/position
regulations issued pursuant to law. 3. By the illegal or fraudulent conveyance or
disposition of assets belonging to the government
3. Any act lawfully performed in an official capacity or 4. By obtaining , receiving or accepting, directly or
in the exercise of a profession indirectly, any shares of stock, equity or any other
form of interest or participation including the
Section 6. Prohibition on Members of Congress promise of future employment in any business
enterprise or undertaking
Members of Congress during their term are 5. By establishing agricultural, industrial or
prohibited to acquire or receive any personal pecuniary commercial monopolies or other combinations
interest in any specific business enterprise which will and/or implementing decrees and orders intended
be directly & particularly favored or benefited by any to benefit particular persons or special interests
law or resolution authored by them 6. By taking undue advantage of official position,
authority, relationship, connection or influence to
The prohibition shall also apply to any public officer unjustly enrich himself or themselves
who recommended the initiation in Congress of the  These should be committed by a combination or
enactment or adoption of any law or resolution and through a series of acts. There should be at least two
acquires or receives any such interest during his acts otherwise the accused should be charged with the
incumbency particular crime committed and not with plunder. A

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
80 2005 CENTRALIZED BAR OPERATIONS

combination means at least two acts of a different


category while a series means at least two acts of the ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY:
same category (ESTRADA vs. SANDIGANBAYAN 1. That the offender be a public officer.
November 21, 2001). 2. That he should have taken advantage of his office ,
that is, he intervened in the transaction in his
Section 2. Definition of the Crime of Plunder;penalties official capacity.
3. That he entered into an agreement with any
PLUNDER interested party or speculator or made use of any
 a crime committed by any public officer, by other scheme with regard to
himself , or in connivance with his family, relatives by a) furnishing supplies
affinity or consanguinity, business associates , b) the making of contracts, or
subordinates or other persons, by amassing, c) the adjustment or settlement of accounts
accumulating or acquiring ill-gotten wealth in the relating to public property or funds
aggregate amount or total value of at least 50 million 4. That the accused had intent to defraud the
pesos Government.

PENALTY
 Reclusion Perpetua to Death
ELEMENTS OF ILLEGAL EXACTIONS:
MITIGATING AND EXTENUATING CIRCUMSTANCES shall 1. The offender is a public officer entrusted with the
be considered by the courts in the imposition of collection of taxes, licenses, fees and other
penalty imposts.
2. He is guilty of any of the following acts or
Section 4. Rule of Evidence omissions:
a) Demanding , directly or indirectly, the payment
 It is not necessary to prove each and every criminal of sums different from or larger than those
act done. A pattern of overt or criminal acts indicative authorized by law; or
of the over-all unlawful scheme or conspiracy shall be b) Failing voluntarily to issue a receipt , as
sufficient provided by law , for any sum of money
collected by him officially; or
Section 6. Prescription of Crimes c) Collecting or receiving, directly or indirectly,
by way of payment or otherwise, things or
 The crime punishable under this Act shall prescribe objects of a nature different from that
in 20 years. However, the right of the State to recover provided by law
properties unlawfully acquired by public officers from
them or from their nominees or transferees shall not be  ART. 214 – OTHER FRAUDS
barred by prescription or laches or estoppel.
ELEMENTS:
1. That the offender is a public officer
2. That he takes advantage of his official position
3. That he commits any of the frauds or deceits
enumerated in Arts. 315to 318( estafa, other forms
Chapter Three: Frauds and Illegal Exactions and of swindling, swindling a minor, and other deceits)
Transactions (Arts. 213-216)
 ART. 215 - PROHIBITED TRANSACTIONS
 ART. 213 – FRAUD AGAINST THE TREASURY AND
SIMILAR OF OFFENSES ELEMENTS:
1. That the offender is an appointive public officer.
PUNISHABLE ACTS: 2. That he becomes interested, directly or indirectly,
1. By entering into an agreement with any interested in any transaction or exchange or speculation
party or speculator or making use of any other 3. That the transaction takes place within the
scheme, to defraud the Government, in dealing territory subject to his jurisdiction
with any person with regard to furnishing supplies, 4. That he becomes interested in the transaction
the making of contracts, or the adjustment or during his incumbency
settlement of accounts relating to public property
or funds.  ART.216 – POSSESSION OF PROHIBITED INTEREST
2. By demanding, directly or indirectly, the payment BY A PUBLIC OFFICER
of sums different from or larger than those
authorized by law, in the collection of taxes, PERSONS LIABLE:
licenses, fees, and other imposts. 1. Public Officer who, directly or indirectly, became
3. By failing voluntarily to issue a receipt, as provided interested in any contract or business in which it
by law, for any sum of money collected by him was his official duty to intervene.
officially, in the collection of taxes, licenses, fees 2. Experts, arbitrators, and private accountants who,
and other imposts. in like manner, took part in any contract or
4. By collecting or receiving, directly or indirectly, by transaction connected with the estate or property
way of payment or otherwise , things or objects of in the appraisal, distribution or adjudication of
a nature different from that provided by law, in which they had acted.
the collection of taxes, licenses, fees and other 3. Guardians and executors with respect to the
imposts. property belonging to their wards or the estate.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 81

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4. That he fails to do so for a period of two months
Chapter Four: Malversation of Public Funds or after such accounts should be rendered.
Property (Arts. 217-222)

 ART. 217 - MALVERSATION OF PUBLIC FUNDS OR  ART. 219 - FAILURE OF RESPONSIBLE PUBLIC
PROPERTY-PRESUMPTION OF MALVERSATION OFFICER TO RENDER ACCOUNTS BEFORE LEAVING
THE COUNTRY
PUNISHABLE ACTS:
1. By appropriating public funds or property. ELEMENTS:
2. By taking or misappropriating the same. 1. That the offender is a public officer.
3. By consenting, or through abandonment or 2. That he must be an accountable officer for
negligence, permitting any other person to take public funds or property.
such public funds or property. 3. That he must have unlawfully left (or be on the
4. By being otherwise guilty of the misappropriation point of leaving) the Philippines without securing
or malversation of such funds or property. from the Commission on Audit a certificate showing
that his accounts have been finally settled.
COMMON ELEMENTS:
1. That the offender be a public officer.
2. That he had custody or control of funds or property  ART. 22O - ILLEGAL USE OF PUBLIC FUNDS OR
by reason of the duties of his office PROPERTY
3. That those funds or property were public funds or
property for which he was accountable. ELEMENTS:
4. That he appropriated, took, misappropriated or 1. That the offender is a public officer.
consented, or through abandonment or negligence, 2. That there is a public fund or property under his
permitted another person to take them. administration.
3. That such public fund or property has been
MALVERSATION MAY BE COMMITTED BY PRIVATE appropriated by law or ordinance.
INDIVIDUALS IN THE FOLLOWING CASES: 4. That he applies the same to a public use other than
1. Those in conspiracy with public officers guilty of that for which such funds or property has been
malversation. appropriated by law or ordinance.
2. Those who are accessory or accomplice to a public
officer.
3. Custodian of public funds or property in whatever
capacity.
4. Depositary or administrator of public funds or
property.

PRESUMPTION
 When demand is made to the accountable officer to
account for the funds and property and the same is not Illegal use of public funds or property vs.
forthcoming, the presumption is that he malversation under Art. 217
misappropriated the funds ILLEGAL USE OF MALVERSATION
PUBLIC FUNDS OR
PROPERTY
Malversation is principally distinguished from estafa The offenders are accountable public officers
by: in both crimes.
a) The public or private character of the accused. The offender does The offender in
b) The nature of the funds. not derive any certain cases profits
c) The fact that conversion is not required in personal gain or from the proceeds of
profit the crime.
malversation.
The public fund or The public fund or
d) The rule that there is no need of prior demand in
property is applied to property is applied to
malversation. another public use the personal use and
e) The absence of a requirement of damage in benefit of the
malversation. offender or of
another person.

 ART. 218 – FAILURE OF ACCOUNTABLE OFFICER TO


RENDER ACCOUNTS ART. 221 - FAILURE TO MAKE DELIVERY OF PUBLIC
FUNDS OR PROPERTY
ELEMENTS:
1. That the offender is a public officer, whether in PUNISHABLE ACTS:
the service or separated therefrom. 1. By failing to make payment by a public officer who
2. That he must be an accountable officer for public is under obligation to make such payment from
funds or property. Government funds in his possession.
3. That he is required by law or regulation to render 2. By refusing to make delivery by a public officer
accounts to the Commission on Audit, or to a who has been ordered by competent authority to
provincial auditor. deliver any property in his custody or under his
administration.

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
82 2005 CENTRALIZED BAR OPERATIONS

ELEMENTS:
1. That the offender is a private person.
ELEMENTS OF REFUSAL TO MAKE PAYMENT: 2. That the conveyance or custody of a prisoner or
1. That the public officer has Government funds in his person under arrest is confided to him.
possession. 3. That the prisoner or person under arrest escapes.
2. That he is under obligation to make payments from 4. That the offender consents to the escape of the
such funds. prisoner or person under arrest, or that the escape
3. That he fails to make payment maliciously. takes place through his negligence.

 ART.222 – OFFICERS INCLUDED IN THE PRECEEDING  ART.226 – REMOVAL CONCEALMENT, OR


PROVISIONS DESTRUCTION OF DOCUMENTS

Private individuals who may be liable under Art. 217- ELEMENTS:


221: 1. That the offender be a public officer.
1. Private individuals who, in any capacity 2. That he abstracts, destroys or conceals documents
whatsoever, have charge of any national, provincial or papers.
or municipal funds, revenue or property 3. That the said documents or papers should have
2. Administrator, depository of funds or property been entrusted to such public officer by reason of
attached, seized, or deposited by public authority his office.
even if such property belongs to a private 4. That damage, whether serious or not, to a third
individual party or to the public interest should have been
caused.

Chapter Five: Infidelity of Public Officers (Arts. 223-


230)  Damage in this article may consist in mere alarm to
the public or in the alienation of its confidence
Section One – Disobedience, refusal of assistance, in any branch of the government service.
and maltreatment of prisoners

 ART.223 – CONNIVING WITH OR CONSENTING TO  ART.227 – OFFICER BREAKING SEAL


EVASION
ELEMENTS:
ELEMENTS: 1. That the offender is a public Officer.
1. That the offender is a public officer. 2. That he is charged with the custody of papers or
2. That he had in his custody or charge, a prisoner, property.
either detention prisoner or prisoner by final 3. That these papers or property are sealed by proper
judgment. authority.
3. That such prisoner escaped from his custody. 4. That he breaks the seals or permits them to be
4. That he was in connivance with the prisoner in the broken.
latter’s escape.
 Damage or intent to damage is not necessary
CLASSES OF PRISONER INVOLVED
1. If the fugitive has been sentenced by final
judgment to any penalty.  ART.228 – OPENING OF CLOSED DOCUMENTS
2. If the fugitive is held only as detention prisoner for
any crime or violation of law or municipal ELEMENTS:
ordinance. 1. That the offender is a public officer.
2. That any closed papers, documents, or objects are
entrusted to his custody.
 ART.224 – EVASION THROUGH NEGLIGENCE 3. That he opens or permits to be opened said closed
papers, documents, or objects.
ELEMENTS: 4. That he does not have the proper authority.
1. That the offender is a public officer.
2. That he is charged with the conveyance or custody
of a prisoner, either detention prisoner or prisoner  ART. 229 – REVELATION OF SECRETS BY AN
by final judgment. OFFICER
3. That such prisoner escapes through his negligence.
PUNISHABLE ACTS:
Liability of escaping prisoner: 1. By revealing any secret known to the offending
1. If the fugitive is serving sentence by reason of final public officer by reason of his official capacity.
judgment, he is liable for evasion of the service of 2. By delivering wrongfully papers or copies of papers
sentence under Art. 157. of which he may have charge and which should not
2. If the fugitive is only a detention prisoner, he does be published.
not incur criminal liability.
ELEMENTS OF NO. 1:
 ART. 225 – ESCAPE OF PRISONER UNDER THE 1. That the offender is a public officer.
CUSTODY OF A PERSON NOT A PUBLIC OFFICER 2. That he knows of the secret by reason of his official
capacity.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
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3. That he reveals such secret without authority or 1. That the offender is a public officer.
justifiable reasons. 2. That an order is issued by his superior for
4. That damage, great or small, be caused to public execution.
interest. 3. That he has for any reason suspended the execution
 This article punishes minor official betrayals, of such order.
infidelities of little consequence, affecting usually 4. That his superior disapproves the suspension of the
the administration of justice, executive or official execution of the order.
duties, or the general interest of the public order. 5. That the offender disobey his superior despite the
disapproval of the suspension.
ELEMENTS OF NO. 2:
1. That the offender is a public officer.  ART. 233 – REFUSAL OF ASSISTANCE
2. That he has charge of papers.
3. That those papers should not be published. ELEMENTS:
4. That he delivers those papers or copies thereof to a 1. That the offender is a public officer.
third person. 2. That a competent authority demands from the
5. That the delivery is wrongful. offender that he lend his cooperation towards the
6. That damage be caused to public interest. administration of justice or other public service.
3. That the offender fails to do so maliciously.
REVELATION OF INFIDELITY IN THE
SECRETS BY AN CUSTODY OF  ART. 234 – REFUSAL TO DISCHARGE ELECTIVE
OFFICER DOCUMENT OR OFFICE
PAPERS BY
REMOVING THE ELEMENTS:
SAME 1. That the offender is elected by popular election to
a public office.
The papers contain The papers do not 2. That he refuses to be sworn in or to discharge the
secrets and therefore contain secrets but duties of said office.
should not be their removal is for an 3. That there is no legal motive for such refusal to be
published, and the illicit purpose sworn in or to discharge the duties of said office.
public officer having
charge thereof
removes and delivers  ART. 235 – MALTREATMENT OF PRISONERS
them wrongfully to a
third person ELEMENTS:
1. That the offender is a public officer or employee.
2. That he has under his charge a prisoner or
 ART.230 – PUBLIC OFFICER REVEALING SECRETS OF detention prisoner.
PRIVATE INDIVIDUAL 3. That he maltreats such prisoner in either of the
following manners:
ELEMENTS: a) By overdoing himself in the correction or handling
1. That the offender is a public officer. of a prisoner or detention prisoner under his charge
2. That he knows of the secrets of a private individual either
by reason of his office. i. by the imposition of punishments not
3. That he reveals such secrets without authority or authorized by the regulations, or
justifiable reason. ii. by inflicting such punishments (those
authorized ) in a cruel and humiliating
Chapter Six: Other Offenses or Irregularities by manner; or
Public Officers (Arts. 231-245) b) By maltreating such prisoner to extort a confession
or to obtain some information from the prisoner.
Section One – Disobedience, refusal of assistance
and maltreatment of prisoners Section Two – Anticipation, prolongation and
abandonment of the duties and powers of public
 ART. 231 – OPEN DISOBEDIENCE office

ELEMENTS:  ART. 236 – ANTICIPATION OF DUTIES OF A PUBLIC


1. That the offender is a judicial or executive officer. OFFICE.
2. That there is a judgment, decision or order of a
superior authority. ELEMENTS:
3. That such judgment, decision or order was made 1. That the offender is entitled to hold a public office
within the scope of the jurisdiction of the superior or employment, either by election or appointment.
authority and issued with all legal formalities. 2. That the law requires that he should first be sworn
4. That the offender without any legal justification in and/or should first give a bond.
openly refuses to execute said judgment, decision 3. That he assumes the performance of the duties and
or order, which he is duty bound to obey. powers of such office.
4. That he has not taken his oath of office and/or
 ART. 232 – DISOBEDIENCE TO ORDER OF SUPERIOR given the bond required by law.
OFFICER WHEN SAID ORDER WAS SUSPENDED BY
INFERIOR OFFICER  ART. 237 – PROLONGING PERFORMANCE OF DUTIES
ELEMENTS: AND POWERS.

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
84 2005 CENTRALIZED BAR OPERATIONS

2. That he
ELEMENTS: a) assumes judicial powers, or
1. That the offender is holding a public office. b) obstructs the execution of any order or decision
2. That the period provided by law, regulations or rendered by any judge within his jurisdiction.
special provisions for holding such office, has
already expired.  ART. 242 - DISOBEYING REQUEST FOR
3. That he continues to exercise the duties and DISQUALIFICATION
powers of such office.
ELEMENTS:
 ART. 238 – ABANDONMENT OF OFFICE. 1. That the offender is a public officer.
2. That a proceeding is pending before such public
ELEMENTS: officer.
1. That the offender is a public officer. 3. That there is a question brought before the proper
2. That he formally resigns from his position. authority regarding his jurisdiction, which is not yet
3. That his resignation has not yet been accepted. decided.
4. That he abandons his office to the detriment of the 4. That he has been lawfully required to refrain from
public service. continuing the proceeding.
5. That he continues the proceeding.
ABANDONMENT OF NEGLIGENCE AND
OFFICE (ART. 238) TOLERANCE  ART. 243 – ORDERS OR REQUESTS BY EXECUTIVE
IN PROSECUTION OF OFFICERS TO ANY JUDICIAL AUTHORITY.
OFFENSES (ART. 208)
ELEMENTS:
Committed by any Committed only by 1. That the offender is an executive officer.
public officer public officers who 2. That he addresses any order or suggestion to any
have the duty to judicial authority.
institute prosecution 3. That the order or suggestion relates to any case or
for the punishment of
business coming within the exclusive jurisdiction of
violations of the law
the courts of justice.
 ART.244 – UNLAWFUL APPOINTMENTS
The public officer The public officer does
abandons his office to not abandon his office ELEMENTS:
evade the discharge but he fails to prosecute 1. That the offender is a public officer.
of his duty an offense by dereliction 2. That he nominates or appoints a person to a public
of duty or by malicious office.
tolerance of the 3. That such person lacks the legal qualifications
commission of offenses. therefor.
4. That the offender knows that his nominee or
appointee lacks the qualification at the time he
made the nomination or appointment.
Section Three – Usurpation of powers and unlawful
appointment Section Four – Abuses against chastity
 ART. 239 – USURPATION OF LEGISLATIVE POWER  ART. 245 – ABUSES AGAINST CHASTITY-PENALTIES
ELEMENTS: ELEMENTS:
1. That the offender is an executive or judicial 1. That the offender is a public officer.
officer. 2. That he solicits or makes immoral or indecent
2. That he advances to a woman.
a) makes general rules or regulations beyond the 3. That such woman must be-
scope of his authority or a) interested in matters pending before the
b) attempts to repeal a law or offender for decision, or with respect to which
c) suspends the execution thereof. he is required to submit a report to or consult
with a superior officer; or
 ART. 240 – USURPATION OF EXECUTIVE b) under the custody of the offender who is a
FUNCTIONS. warden or other public officer directly charged
with the care and custody of prisoners or
ELEMENTS: persons under arrest; or
1. That the offender is a judge. c) the wife, daughter, sister or relative within the
2. That he same degree by affinity of the person in the
a) assumes a power pertaining to the executive custody of the offender
authorities, or
b) obstructs the executive authorities in the  The mother of the person in the custody of the
lawful exercise of their powers. offender is not included.
 ART. 241 – USURPATION OF JUDICIAL FUNCTIONS Ways of committing abuses against chastity:
1. By soliciting or making immoral or indecent
ELEMENTS: advances to a woman interested in the matters
1. That the offender is an officer of the executive pending before the offending officer for decision ,
branch of the Government.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 85

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or with respect to which he is required to submit a  This article does not define and penalize a felony.
report to or consult with a superior officer. It provides for the imposition of the penalty of
2. By soliciting or making immoral or indecent destierro rather than the ordinary penalty for
advances to a woman under the offender’s custody. parricide.
3. By soliciting or making immoral or indecent
advances to the wife, daughter, sister or relative  The requisites of Art. 247 must be established by
within the same degree by affinity of any person in the evidence of the defense, because the
the custody of the offending warden or officer. prosecution will have to charge the defendant with
parricide and/or homicide, in case death results; or
TITLE EIGHT: CRIMES AGAINST PERSONS serious physical injuries in the other case.

Chapter One: Destruction of Life (Arts. 246-261)  To Art. 247 to apply (death under exceptional
circumstances), the offender must prove that he
Section One – Parricide, murder, homicide actually surprised his wife and [her paramour] in
flagrante delicto, and that he killed the man during
 ART. 246 – PARRICIDE or immediately thereafter. Evidence of the victim’s
promiscuity, is inconsequential to the killing.
ELEMENTS: (PEOPLE vs. PUEDAN, GR No. 139576, September 2,
1. That a person is killed. 2002)
2. That the deceased is killed by the accused .  The discovery, the escape, the pursuit and the
3. That the deceased is the father, mother, or child, killing must all form part of one continuous act
whether legitimate or illegitimate, or a legitimate
other ascendant or other descendant, or the  The accused must be a legally married person.
legitimate spouse, of the accused.  Applicable only when daughter is single.

Cases of parricide when the penalty shall not be Justification for Art. 247:
reclusion perpetua to death: The law considers the spouse or parent as acting in a
1. parricide through negligence (art .365) justified burst of passion.
2. parricide by mistake ( art. 249)
3. parricide under exceptional circumstances ( art.
247)  ART. 248 – MURDER

 Relationship of the offender with the victim is the Unlawful killing of any person which is not parricide
essential element of the crime. or infanticide, provided that any of the following
circumstances is present:
If a person wanted to kill a stranger but by mistake 1. With treachery, taking advantage of superior
killed his own father, will it be parricide? strength, with the aid of armed men, or employs
Yes, but Art. 49 applies as regards the proper penalty means to weaken the defense, or of means or
to be imposed. persons to insure or afford impunity.
2. In consideration of a price, reward or promise.
If a person killed another not knowing that the latter 3. By means of inundation, fire, poison, shipwreck,
was his son, will he be guilty of parricide? stranding of a vessel, derailment or assault upon a
Yes, because the law does not require knowledge of railroad, fall of an airship, by means of motor
relationship between them vehicles, or with the use of any other means
involving great waste and ruin.
 A stranger who cooperates and takes part in the 4. On occasion of any calamities enumerated in the
commission of the crime of parricide, is not guilty of preceding paragraph, or of an earthquake, eruption
parricide but only homicide or murder, as the case of a volcano, destructive cyclone, epidemic, or any
may be. The key element in parricide is the other public calamity.
relationship of the offender with the victim. (PEOPLE 5. With evident premeditation.
vs. DALAG, GR No. 129895, April 30, 2003) 6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse. (As
 ART. 247 – DEATH OR PHYSICAL INJURIES amended by R.A. no. 7659)
INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES
ELEMENTS:
ELEMENTS 1. That a person was killed.
1. That a legally married person or a parent surprises 2. That the accused killed him.
his spouse or his daughter, the latter under 18 3. That the killing was attended by any of the
years of age and living with him, in the act of qualifying circumstances mentioned in Art. 248.
committing sexual intercourse with another person. 4. That the killing is not parricide or infanticide.
2. That he or she kills any or both of them, or inflicts
upon any or both of them any serious physical Rules for the application of the circumstances which
injury, in the act or immediately thereafter. qualify the killing to murder
3. That he has not promoted or facilitated the 1. That murder will exist with only one of the
prostitution of his wife or daughter, or that he or circumstances described in Art. 248
she has not consented to the infidelity of others.

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
86 2005 CENTRALIZED BAR OPERATIONS

2. That when the other circumstances are absorbed or 4. That someone was killed in the course of the
included in one qualifying circumstance, they affray.
cannot be considered as generic aggravating. 5. That it cannot be ascertained who actually killed
3. That any of the qualifying circumstances the deceased.
enumerated in Art. 248 must be alleged in the 6. That the person or persons who inflicted serious
information. physical injuries or who used violence can be
identified.
Outraging or scoffing at the person or corpse of the
victim Persons liable in a tumultuous affray
1. The person or persons who inflicted the serious
Outraging – means to commit an extremely vicious or physical injuries are liable.
deeply insulting act. 2. If it is not known who inflicted the serious
physical injuries on the deceased, all the persons
Scoffing – means to jeer, and implies a showing of who used violence upon the person of the victim
irreverence. are liable, but with lesser liability.

 R.A. 7659 restored the death penalty and increased


the penalty for murder to reclusion perpetua to
death. Meaning of TUMULTUOUS AFFRAY
It is a melee or free-for-all, where several
 ART. 249 – HOMICIDE persons not comprising definite or identifiable groups
attack one another in a confused and disorganized
 The unlawful killing of any person, which is neither manner, resulting in the death or injury of one or some
parricide, murder nor infanticide. of them.
When the quarrel is between a distinct group
 Intent to kill is conclusively presumed when death of individuals, one of whom was sufficiently identified
results; evidence of intent to kill is important only as the principal author of the killing, as against a
in attempted or frustrated homicide. common, particular victim, it is not a "tumultuous
affray" within the meaning of Art. 251 of The Revised
ELEMENTS: Penal Code. (PEOPLE vs. UNLAGADA, GR No. 141080,
1. That a person was killed. September 17, 2002)
2. That the accused killed him without any justifying
circumstance.  ART. 252 – PHYSICAL INJURIES INFLICTED IN A
3. That the accused had the intention to kill, which is TUMULTUOUS AFFRAY.
presumed.
4. That the killing was not attended by any of the ELEMENTS:
qualifying circumstances of murder, or by that of 1. That there is a tumultuous affray as referred to in
parricide or infanticide. Art. 251.
2. That a participant or some participants thereof
suffer serious physical injuries or physical injuries
of a less serious nature only.
ACCIDENTAL HOMICIDE - is the death of a person 3. That the person responsible therefor cannot be
brought about by a lawful act performed with proper identified.
care and skill and without homicidal intent. 4. That all those who appear to have used violence
 In all crimes against persons in which the death of upon the person of the offended party are known.
the victim is an element of an offense, there must
be satisfactory evidence of (1) the fact of death  Injured must be a participant in the affray
and (2) the identity of the victim.
 ART. 253 - GIVING ASSISTANCE TO SUICIDE
 ART. 250 – PENALTY FOR FRUSTRATED PARRICIDE,
MURDER, OR HOMICIDE. PUNISHABLE ACTS:
1. By assisting another to commit suicide, whether
 Courts may impose a penalty two degrees lower for the suicide is consummated or not.
frustrated parricide, murder or homicide. 2. By lending his assistance to another to commit
suicide to the extent of doing the killing himself.
 Courts may impose a penalty three degrees lower
for attempted parricide, murder or homicide. EUTHANASIA
“Mercy Killing”, is a practice of painlessly putting to
 ART. 251 – DEATH CAUSED IN A TUMULTUOUS death a person suffering from some incurable disease.
AFFRAY. It is punishable under this article.

ELEMENTS:
1. That there be several persons.
2. That they did not compose groups organized for the
common purpose of assaulting and attacking each  ART. 254 – DISCHARGE OF FIREARMS
other reciprocally.
3. That these several persons quarreled and assaulted ELEMENTS:
one another in a confused and tumultuous manner. 1. That the offender discharges a firearm against or at
another person.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 87

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2. That the offender has no intention to kill that
person. ELEMENTS:
1. That there is a pregnant woman who has suffered
Section Two – Infanticide and abortion an abortion.
2. That the abortion is intended.
 ART. 255 – INFANTICIDE 3. That the abortion is caused by-
a) the pregnant woman herself
Is the killing of any child less than three days of age, b) any other person , with her consent; or
whether the killer is the parent or grandparent, any c) any of her parents, with her consent, for the
other relative of the child, or a stranger. purpose of concealing her dishonor

ELEMENTS:  ART. 259 – ABORTION PRACTICED BY A PHYSICIAN


1. That a child was killed. OR MIDWIFE IN DISPENSING OF ABORTIVES.
2. That the deceased child was less than three days
(72 hours) of age. ELEMENTS:
3. That the accused killed the said child. 1. That there is a pregnant woman who has suffered
an abortion.
 Father or mother or legitimate other ascendant 2. That the abortion is intended.
who kills a child less than three days old, to suffer 3. That the offender, who must be a physician or
penalty for parricide. midwife, causes, or assists in causing the abortion.
4. That said physician or midwife takes advantage of
 Other person who kills a child less than three days his or her scientific knowledge or skill.
old, to suffer the penalty for murder.
As to Pharmacists, the elements are:
 Only the mother and the maternal grandparents of 1. That the offender is a pharmacist.
the child are entitled to the mitigating 2. That there is no proper prescription from a
circumstance of concealing the dishonor. physician.
3. That the offender dispenses any abortive.
 ART. 256 – INTENTIONAL ABORTION
Section Three – Duel
Willful killing of the foetus in the uterus or the violent
expulsion of the foetus from the maternal womb of the  ART. 260 – RESPONSIBILITY OF PARTICIPANTS IN A
mother. DUEL

Ways of Committing Intentional Abortion It is a formal or regular combat previously concerted


1. By using any violence upon the person of the between two parties in the presence of two or more
pregnant woman seconds of lawful age on each side, who make the
2. By acting, without using violence and without the selection of arms and fix all other conditions of the
consent of the woman (by administering drugs or fight.
beverages upon such pregnant woman without her
consent) PUNISHABLE ACTS
3. By acting, with the consent of the pregnant woman 1. By killing one’s adversary in a duel.
(by administering drugs or beverages). 2. By inflicting upon such adversary physical injuries.
3. By making a combat although no physical injuries
ELEMENTS: have been inflicted.
1. That there is a pregnant woman.
2. That violence is exerted, or drugs or beverages PERSONS LIABLE:
administered, or that the accused otherwise acts 1. The person who killed or inflicted physical injuries
upon such pregnant woman. upon his adversary or both combatants in any other
3. That as a result of the use of violence or drugs or case, as principals.
beverages upon her, or any other act of the 2. The seconds, as accomplices.
accused, the foetus dies, either in the womb or
after having been expelled therefrom  ART. 261 – CHALLENGING TO A DUEL
4. That the abortion is intended
PUNISHABLE ACTS:
 ART. 257 – UNINTENTIONAL ABORTION 1. By challenging another to a duel.
2. By inciting another to give or accept a challenge to
ELEMENTS: a duel.
1. That there is a pregnant woman. 3. By scoffing or decrying another publicly for having
2. That violence is used upon such pregnant woman refused to accept a challenge to fight a duel.
without intending an abortion.
3. That the violence is intentionally exerted. Persons responsible under Art. 261 are:
4. That as a result of the violence the foetus dies, 1. Challenger
either in the womb or after having been expelled 2. Instigators
therefrom.

 ART. 258 – ABORTION PRACTICED BY THE WOMAN Chapter Two: Physical Injuries (Arts. 262-266)
HERSELF OR HER PARENTS

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88 2005 CENTRALIZED BAR OPERATIONS

 ART. 262 – MUTILATION physical injuries. may be committed,


even if no physical
The lopping or the clipping of some part of the body. injuries are
inflicted.
Offender has no The offender has an
TWO KINDS:
intent to kill the intent to kill the
1. By intentionally mutilating another by depriving offended party offended party.
him, either totally or partially, of some essential
organ for reproduction.
2. By intentionally making other mutilation, that is, REQUISITES OF DEFORMITY
by lopping or clipping off any part of the body of 1. Physical ugliness
the offended party, other than the essential organ 2. Permanent and definite abnormality
for reproduction, to deprive him of that part of the 3. Must be conspicuous and visible
body.
 Medical Attendance is not important in serious
ELEMENTS OF THE FIRST KIND: physical injuries
1. That there be castration, that is, mutilation of
organs necessary for generation, such as penis or QUALIFYING CIRCUMSTANCES:
ovarium. 1. Offense committed against persons enumerated in
2. That the mutilation is caused purposely and the crime of parricide.
deliberately, that is, to deprive the offended party 2. With the attendance of circumstance which qualify
of some essential organ for reproduction. the crime to murder.
 Offender must have the intention to deprive the  The “qualified penalties” are not applicable to
offended party of a part of his body. parents who inflict serious physical injuries upon
their children by excessive chastisement.
 ART. 263 – SERIOUS PHYSICAL INJURIES.
 ART. 264 – ADMINISTERING INJURIOUS SUBSTANCE
How Committed: OR BEVERAGES.
1. by wounding
2. by beating ELEMENTS:
3. by assaulting 1. That the offender inflicted upon another any
4. by administering injurious substance serious physical injury.
2. That it was done by knowingly administering to him
SERIOUS PHYSICAL INJURIES: any injurious substances or beverages or by taking
1. When the injured person becomes insane, imbecile, advantage of his weakness of mind or credulity.
impotent or blind in consequence of the physical 3. That he had no intent to kill.
injuries inflicted.
2. When the njured person  ART. 265 – LESS SERIOUS PHYSICAL INJURIES.
a) loses the use of speech or the power to hear or
to smell, or loses an eye, a hand, a foot, an ELEMENTS:
arm, or a leg. 1. The offended party is incapacitated for labor for 10
b) loses the use of any such member, or days or more but not more than 30 days, or needs
c) becomes incapacitated for the work in which attendance for the same period.
he was therefore habitually engaged, in 2. The physical injuries must not be those described
consequence of the physical injuries inflicted. in the preceding articles.
3. When the person injured
a) becomes deformed, or QUALIFIED LESS SERIOUS PHYSICAL INJURIES:
b) loses any other member of his body, or 1. A fine not exceeding P500, in addition to arresto
c) loses the use thereof, or mayor, shall be imposed for less serious physical
d) becomes ill or incapacitated for the injuries when-
performance of the work in which he was a) there is manifest intent to insult or offend the
habitually engaged for more than 90 days, in injured person, or
consequence of the physical injuries inflicted. b) there are circumstances adding ignominy to the
4. When the injured person becomes ill or offense.
incapacitated for labor for more than 30 days (but 2. A higher penalty is imposed when the victim is
must not be more than 90 days), as a result of the either-
physical injuries inflicted. a) The offender’s parents, ascendants, guardians,
curators or teachers; or
 There must not be intent to kill, otherwise the b) Persons of rank or persons in authority,
crime would be homicide or murder as the case provided the crime is not direct assault.
maybe.

Physical Injuries vs. Attempted or Frustrated


homicide
PHYSICAL ATTEMPTED OR  ART. 266. SLIGHT PHYSICAL INJURIES AND
INJURIES FRUSTRATED MALTREATMENT
HOMICIDE
KINDS:
The offender inflicts Attempted homicide
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Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
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MEMORY AID IN CRIMINAL LAW


1. Physical injuries which incapacitated the offended Classification of Rape
party from one to nine days, or required medical 1. Traditional Rape under Art. 335
attendance during the same period 2. Sexual Assault under R.A. 8353
2. Physical injuries which did not prevent the
offended party from engaging in his habitual work How rape is committed:
or which did not require medical attendance 1. By a man who shall have carnal knowledge of a
3. Ill-treatment of another by deed without causing woman under any of the following circumstances:
any injury a) Through force, threat or intimidation
b) When the offended party is deprived of reason
 When there is no evidence of actual injury, it is or otherwise unconscious
only slight physical injuries. c) By means of fraudulent machinations or grave
abuse of authority
ANTI-HAZING LAW d) When the offended party is under twelve (12)
R.A. No. 8049 years of age or is demented, even though none
of the circumstances mentioned above be
HAZING – is an initiation rite or practice as a present
prerequisite for admission into membership in a
fraternity, sorority or organization by placing the 2. By any person who, under any of the circumstances
recruit, neophyte or applicant in some embarrassing or mentioned in paragraph 1 hereof, shall commit an
humiliating situations such as forcing him to do menial, act of sexual assault by inserting his penis into
silly, foolish, and similar activities or otherwise another person’s mouth or anal orifice of another
subjecting him to physical or psychological suffering or person.
injury.
 Under R.A. 8353, the crime of rape can now be
 No hazing in any form or manner shall be committed by a male or a female.
allowed without prior written notice to the school
authorities seven (7) days before the conduct of  There is no crime of frustrated rape. The slightest
such initiation. penetration or mere touching of the genitals
 The written notice shall indicate the period of consummates the crime of rape.
the initiation activities which shall not exceed
three (3) days and shall contain an undertaking that  ART. 266-B
no physical violence shall be employed during the QUALIFIED RAPE: punishable by death
rites.
 If the person subjected to hazing suffers any 1. When the victim is under 18 years of age and the
physical injury or dies as a result thereof, the offender is a parent, ascendant, step-parent,
officers and members of the fraternity, sorority or guardian, relative by consanguinity or affinity
organization who actually participated in the within the third civil degree, or the common law
infliction of physical harm shall be liable as spouse of the parent of the victim.
principals. 2. When the victim is under the custody of the police
or military authorities or any law enforcement or
 The owner of the place where the hazing is penal institution.
conducted shall be liable as an accomplice, when 3. When the rape is committed in full view of the
he has actual knowledge of the hazing conducted spouse, parent, or any of the children or other
therein but failed to take any action to prevent the relatives within the third civil degree of
same from occurring. consanguinity.
4. When the victim is a religious engaged in
 If the hazing is held in the home of one of the legitimate religious vocation or calling and is
officers or members of the fraternity, sorority or personally known to be such by the offender before
organization, the parents shall be liable as or at the time of the commission of the crime.
principals when they have actual knowledge of the 5. When the victim is a child below 7 years old.
hazing conducted therein but failed to prevent the 6. When the offender knows that he is afflicted with
same. HIV/AIDS or any other sexually transmissible
disease and the virus or disease is transmitted to
 The presence of any person during the hazing is the victim.
prima facie evidence of participation therein as a 7. When committed by any member of the AFP or
principal unless he prevented the commission of para-military units thereof of the PNP or any law
the prohibited acts. enforcement agency or penal institution, when the
offender took advantage of his position to facilitate
 The mitigating circumstance that there was no the commission of the crime.
intention to commit so grave a wrong shall not 8. When by reason or on the occasion of the rape, the
apply. victim has suffered permanent physical mutilation
or disability..
9. When the offender knew the pregnancy of the
Chapter Three: Rape (Arts 266-A – 266-B) offended party at the time of the commission of
the crime.
 ART. 266-A. THE ANTI-RAPE LAW 10. When the offender knew the mental disability,
(RA 8353) emotional disorder and/or physical disability of

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
90 2005 CENTRALIZED BAR OPERATIONS

the offended party at the time of the commission purpose of extorting ransom, it is not necessary
of the crime. that one or any of such circumstances enumerated
in the first par. of Art. 267 be present.
 Death shall also be imposed when homicide is
committed (this is a special complex crime).  There is a complex crime of kidnapping with
murder when the victim is killed because of his
 ART. 266-C EFFECT OF PARDON refusal to pay the ransom; kidnapping being
necessary to commit the murder. BUT where he
EFFECTS OF PARDON was taken for the purpose of killing him and not for
1. The subsequent valid marriage between the detaining him, crime committed is MURDER.
offender and the offended party shall extinguish
criminal liability (only as to the husband)
2. The subsequent forgiveness of the wife to the legal
husband shall extinguish the criminal action or the ILLEGAL ARBITRARY
penalty. DETENTION DETENTION
Committed by a Committed by a
 ART. 266-D PRESUMPTIONS private individual public officer or
who unlawfully employee who
EVIDENCE WHICH MAY BE ACCEPTED IN THE kidnaps, detains or detains a person
otherwise deprives a without legal ground
PROSECUTION OF RAPE:
person of liberty.
1. Any physical overt act manifesting resistance
Crime is against Crime against the
against the act of rape in any degree from the personal liberty and fundamental law of
offended party; or security the State
2. Where the offended party is so situated as to
render him/her incapable of giving his consent
 ART. 268 – SLIGHT ILLEGAL DETENTION
TITLE NINE: CRIMES AGAINST PERSONAL LIBERTY AND
SECURITY ELEMENTS:
1. That the offender is a private individual.
Chapter One: Crimes Against Liberty (Arts. 267-274) 2. That he kidnaps or detains another, or in any
manner deprives him of his liberty.
Section One – Illegal detention 3. That the act of kidnapping or detention is illegal.
4. That the crime is committed without the
 ART. 267 – KIDNAPPING AND SERIOUS ILLEGAL attendance of the circumstances enumerated in
DETENTION Art. 267.
ELEMENTS:
1. That the offender is a private individual. LIABILITY MITIGATED WHEN:
2. That he kidnaps or detains another, or in any other 1. Offender voluntarily releases the person so
manner deprives the latter of his liberty. kidnapped or detained within three days from the
3. That the act of detention or kidnapping must be commencement of the detention
illegal. 2. Without having attained the purpose intended, and
4. That in the commission of the offense, any of the 3. Before the institution of criminal proceedings
following circumstances is present: against him.
a) That the kidnapping or detention lasts for more
than 3 days.
b) That it is committed simulating public  ART. 269 – UNLAWFUL ARREST
authority.
c) That any serious physical injuries are inflicted ELEMENTS:
upon the person kidnapped or detained or 1. That the offender arrests or detains another person
threats to kill him are made; or 2. That the purpose of the offender is to deliver him
d) That the person kidnapped or detained is a to the proper authorities
minor, female, or a public officer(cited in 3. That the arrest or detention is not authorized by
People vs. Mercado) law
 Intention to deprive the victim of his liberty for  No period of detention is fixed by law under Art.
purpose of extorting ransom on the part of the 269.
accused is essential in the crime of kidnapping

QUALIFYING CIRCUMSTANCES: DEATH PENALTY IS


IMPOSED DELAY IN THE UNLAWFUL
1. Purpose is to extort ransom DELIVERY OF ARREST (Art.
2. If victim is killed, raped or tortured as a DETAINED PERSONS 269)
consequence (Art. 125)
Detention is for some Detention is not
 The essential element or act which makes the legal ground authorized by
offense kidnapping is the deprivation of an law
offended party’s liberty under any of the four Crime is committed by Committed by
circumstances enumerated. BUT when the failing to deliver such making an arrest
kidnapping or detention was committed for the person to the proper not authorized

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS


Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
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Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 91

MEMORY AID IN CRIMINAL LAW


judicial authority by law 3. That the purpose is to require or enforce the
within a certain period payment of a debt.

Chapter Two: Crimes Against Security (Arts. 275-289)


Section Two – Kidnapping of minors
Section One – Abandonment of helpless persons and
 ART. 270 – KIDNAPPING AND FAILURE TO RETURN A Exploitation of minors
MINOR
 ART. 275 – ABANDONMENT OF PERSONS IN DANGER
ELEMENTS: AND ABANDONMENT OF ONE’S OWN VICTIM
1. That the offender is entrusted with the custody of
a minor person ( over or under 7 but less than 21) PUNISHABLE ACTS:
2. That he deliberately fails to restore the said minor 1. By failing to render assistance to any person whom
to his parents or guardian the offender finds in an uninhabited place wounded
or in danger of dying when he can render such
 When committed by either parent, penalty is only assistance without detriment to himself, unless
arresto mayor. such omission shall constitute a more serious
offense.

 ART. 271 – INDUCING A MINOR TO ABANDON HIS


HOME ELEMENTS:
a) The place is not inhabited
ELEMENTS: b) The accused found there a person wounded
1. That a minor (whether over or under seven years of or in danger of dying
age) is living in the home of his parents or guardian c) The accused can render assistance without
or the person entrusted with his custody. detriment to himself
2. That the offender induces said minor to abandon d) The accused fails to render assistance
such home. 2. By failing to help or render assistance to another
whom the offender has accidentally wounded or
 Inducement must be (a) actual, and (b) committed injured.
with criminal intent 3. By failing to deliver a child, under seven years of
age whom the offender has found abandoned, to
 Father or mother may commit crimes under ARTS. the authorities or to his family, or by failing to take
270 & 271- where they are living separately and the him to a safe place.
custody of the minor children has been given to one
of them  ART. 276 – ABANDONING A MINOR

ELEMENTS:
1. That the offender has the custody of a child .
2. That the child is under seven years of age.
3. That he abandons such child.
Section Three – Slavery and Servitude 4. That he has no intent to kill the child when the
latter is abandoned.
 ART. 272 – SLAVERY
Circumstances qualifying the offense
ELEMENTS: 1. When the death of the minor resulted from such
1. That the offender purchases, sells, kidnaps or abandonment; or
detains a human being 2. If the life of the minor was in danger because of
2. That the purpose of the offender is to enslave such the abandonment
human being

 ART. 277 – ABANDONMENT OF MINOR ENTRUSTED


 ART. 273 – EXPLOITATION OF CHILD LABOR WITH HIS CUSTODY; INDIFFERENCE OF PARENTS

ELEMENTS: PUNISHABLE ACTS:


1. The offender retains a minor in his service 1. By delivering a minor to a public institution or
2. That it is under pretext of reimbursing himself of a other persons without the consent of the one who
debt incurred by an ascendant, guardian or person entrusted such minor to the care of the offender
entrusted with the custody of such minor or, in the absence of that one, without the consent
of the proper authorities.
2. By neglecting his (offender’s children by not giving
 ART. 274 – SERVICES RENDERED UNDER them the education which their station in life
COMPULSION IN PAYMENT requires and financial condition permits.

ELEMENTS: ELEMENTS OF ABANDONMENT OF MINOR:


1. That the offender compels a debtor to work for 1. That the offender has charge of the rearing or
him, either as household servant or farm laborer. education of a minor
2. That it is against the debtor’s will.
CRIMINAL LAW COMMITTEE
 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
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92 2005 CENTRALIZED BAR OPERATIONS

2. That he delivers said minor to a public institution


or other persons
3. That the one who entrusted such child to the  ART. 279 – ADDITIONAL PENALTIES FOR OTHER
offender has not consented to such act, or if the OFFENSES
one who entrusted such child to the offender is
absent, the proper authorities have not consented Imposition of the penalties prescribed in the preceding
to it articles shall not prevent the imposition upon the same
person of the penalty provided for any other felonies
ELEMENTS OF INDIFFERENCE OF PARENTS: defined and punished under the code
1. That the offender is a parent
2. That he neglects his children by not giving them Section Two – Trespass to dwelling
education
3. That his station in life requires such education and  ART. 280 – QUALIFIED TRESPASS TO DWELLING
his financial condition permits it
4. Failure to give education must be due to deliberate ELEMENTS:
desire to evade such obligation 1. That the offender is a private person.
2. That he enters the dwelling of another.
ABANDONMENT ABANDONMENT 3. That such entrance is against the latter’s will .
OF MINOR BY OF MINOR (ART.  Qualified if committed by means of
PERSONS 276) violence/intimidation.
ENTRUSTED WITH
CUSTODY (ART.  Dwelling place means any building or structure
277) exclusively devoted for rest and comfort.
The custody of the The custody of the
offender is specific, offender is stated in  In general, all members of a household must be
that is , the custody general presumed to have authority to extend an invitation
for the rearing or to enter the house.
education of the
minor
 There is an implied prohibition when entrance is
Minor is under 21 Minor is under 7
yrs. of age years of age made through means not intended for ingress.

Minor is delivered to Minor is abandoned EXAMPLES OF TRESPASS BY MEANS OF VIOLENCE:


a public institution in such a way as to 1. Pushing the door violently and maltreating the
or other person deprive him of the occupants after entering.
care and protection 2. Cutting of a ribbon or string with which the door
that his tender years latch of a closed room was fastened. The cutting of
need the fastenings of the door was an act of violence.
3. Wounding by means of a bolo, the owner of the
house immediately after entrance
 ART. 278 – EXPLOITATION OF MINORS.
EXAMPLES OF TRESPASS BY MEANS OF INTIMIDATION:
PROHIBITED ACTS: 1. Firing a revolver in the air by persons attempting to
1. Causing any boy or girl under 16 to perform any force their way into a house.
dangerous feat of balancing, physical strength, or 2. The flourishing of a bolo against inmates of the
contortion, the offender being any person house upon gaining an entrance
2. Employing children under 16 who are not children
or descendants of the offender in exhibitions of  Prohibition is not necessary when violence or
acrobat, gymnast, rope-walker, diver, or wild intimidation is employed by the offender.
animal tamer, the offender being an acrobat, etc.,
or circus manager or engaged in a similar calling  Trespass may be committed by the owner of a
3. Employing any descendant under 12 years of age in dwelling.
dangerous exhibitions enumerated in the next
preceding paragraph, the offender being engaged CASES TO WHICH THE PROVISION OF THIS ARTICLE
in any of said callings ARE NOT APPLICABLE:
4. Delivering a child under 16 gratuitously to any 1. If the entrance to another’s dwelling is made for
person following any calling enumerated in the purpose of preventing some serious harm to
paragraph two, or to any habitual vagrant or himself, the occupants of the dwelling or a third
beggar, the offender being an ascendant, guardian, person.
teacher, or person entrusted in any capacity with 2. If the purpose is to render some service to
the care of such child humanity or justice.
5. Inducing any child under 16 to abandon the home 3. If the place where entrance is made is a café,
of its ascendants, guardians, curators or teachers tavern, inn and other public house, while the same
to follow any person engaged in any calling are open.
mentioned in paragraph two, or to accompany any
habitual vagrant or beggar, the offender being any  ART. 281 – OTHER FORMS OF TRESPASS
person
ELEMENTS:
 R.A. 7610 punishes abuse, exploitation and 1. That the offender enters the closed premises or
discrimination of minors the fenced estate of another.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
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Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
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2. That the entrance is made while either of them is 1. That the offender threatens another person with
uninhabited. the infliction upon the latter’s person, honor, or
3. That the prohibition to enter be manifest. property, or upon that of the latter’s family, of any
4. That the trespasser has not secured the permission wrong.
of the owner or the caretaker thereof. 2. That such wrong amounts to a crime.
3. That the threat is not subject to a condition.
QUALIFIED OTHER FORMS OF
TRESPASS TO TRESPASS (ART.  In the crime of threats, it is essential that there be
DWELLING (ART. 281) intimidation.
280)
Offender is a private The offender is any  ART. 283 – LIGHT THREATS
person person
Offender enters a Offender enters ELEMENTS:
dwelling house closed premises or 1. That the offender makes a threat to commit a
fenced estate wrong.
without securing the
2. That the wrong does not constitute a crime.
permission of the
owner or caretaker 3. That there is a demand for money or that other
thereof condition is imposed even though not unlawful.
Place entered is Prohibition to enter 4. That the offender has attained his purpose or, that
inhabited must be manifest he has not attained his purpose.
Act constituting the It is the entering the
crime is entering closed premises or  ART. 284 - BOND FOR GOOD BEHAVIOR
the dwelling against the fenced estate
the will of the owner without securing the WHEN A PERSON IS REQUIRED TO GIVE BAIL BOND
permission of the 1. When he threatens another under the
owner or caretaker
circumstances mentioned in Art. 282.
thereof
Prohibition to enter Prohibition to enter
2. When he threatens another under the
is express or implied must be manifest circumstances mentioned in Art. 283.

Premises – signifies distinct and definite locality. It  ART. 285 – OTHER LIGHT THREATS
may mean a room, shop, building or definite area, but
in either case, locality is fixed. PROHIBITED ACTS:
1. Threatening another with a weapon, or by drawing
Section Three – Threats and coercion such weapon in a quarrel, unless it be in lawful
self-defense.
 ART. 282 – GRAVE THREATS 2. Orally threatening another, in the heat of anger,
with some harm constituting a crime , without
PUNISHABLE ACTS: persisting in the idea involved in his threat
1. Threatening another with the infliction upon his 3. Orally threatening to do another any harm not
person, honor, or property or that of his family of constituting a felony.
any wrong amounting to a crime and demanding
money or imposing any other condition even though  ART. 286 – GRAVE COERCION
not unlawful, and the offender attains his purpose.
2. By making such threat without the offender TWO WAYS OF COMMITTING GRAVE COERCION:
attaining his purpose. 1. By preventing another by means of violence,
3. By threatening another with the infliction upon his threats or intimidation, from doing something not
person, honor or property or that of his family of prohibited by law.
any wrong amounting to a crime, the threat not 2. By compelling another, by means of violence,
being subject to a condition. threats or intimidation, to do something against his
will, whether it be right or wrong.
Qualifying Circumstance:
If threat was made in writing or through a middleman. ELEMENTS:
1. That a person prevented another from doing
ELEMENTS OF GRAVE THREATS WHERE THE something not prohibited by law, or by compelling
OFFENDER ATTAINED HIS PURPOSE: him to do something against his will, be it right or
1. That the offender threatens another person with wrong.
the infliction upon the latter’s person, honor or 2. That the prevention or compulsion be effected by
property, or upon that of the latter’s family, of violence, either material force or such display of
any wrong. force as would produce intimidation and control
2. That such wrong amounts to a crime. the will of the offended party.
3. That there is a demand for money or that any 3. That the person that restrained the will and liberty
other condition is imposed, even though not of another had no authority.
unlawful.
4. That the offender attains his purpose. WHEN PRISION MAYOR SHALL BE IMPOSED:
1. If the coercion is committed in violation of the
ELEMENTS OF GRAVE THREATS NOT SUBJECT TO A exercise of the right of suffrage.
CONDITION: 2. if the coercion is committed to compel another to
perform any religious act

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
94 2005 CENTRALIZED BAR OPERATIONS

3. if the coercion is committed to prevent another 2. That the purpose is to organize, maintain or
from performing any religious act prevent coalitions of capital or laborers or lockout
of employers.
 ART. 287 – LIGHT COERCION
 The act should not be a more serious offense
ELEMENTS
1. That the offender must be a creditor.
2. That he seizes anything belonging to his debtor
3. That the seizure of the thing accomplished by
means of violence or a display of material force
producing intimidation
4. That the purpose of the offender is to apply the Chapter Three: Discovery and Revelation of Secrets
same to the payment of the debt. (Arts. 290-292)

Unjust vexation  ART. 290 – DISCOVERING SECRETS THROUGH


Includes any human conduct which although not SEIZURE OF CORRESPONDENCE
productive of some physical or material harm would,
however, unjustly annoy or vex an innocent person. ELEMENTS:
1. That the offender is a private individual or even a
 ART. 288 – OTHER SIMILAR COERCIONS public officer not in the exercise of his official
(COMPULSORY PURCHASE OF MERCHANDISE & function
PAYMENT OF WAGES BY MEANS OF TOKENS)
2. That he seizes the papers or letters of another
PROHIBITED ACTS:
1. Forcing or compelling, directly or indirectly, or 3. That the purpose is to discover the secrets of such
knowingly permitting the forcing or compelling of other person
the laborer or employee of the offender to
purchase merchandise or commodities of any kind 4. That the offender is informed of the contents of
from him the papers or letters seized

 ART. 291 – REVEALING SECRETS WITH ABUSE OF


OFFICE
2. Paying the wages due his laborer or employee by
means of tokens or objects other than the legal ELEMENTS:
tender currency of the Philippines, unless expressly 1. That the offender is a manager, employee or
requested by such laborer or employee servant

ELEMENTS OF NO. 1: 2. That he learns the secrets of his principal or master


1. That the offender is any person , agent or officer of in such capacity
any association or corporation.
2. That he or such firm or corporation has employed 3. That he reveals such secrets
laborers or employees
3. That he forces or compels, directly or indirectly, or  Damage not necessary
knowingly permits to be forced or compelled, any
of his or its laborers or employees to purchase  ART. 292 – REVELATION OF INDUSTRIAL SECRETS
merchandise or commodities of any kind from him
or from said firm or corporation. ELEMENTS:
1. That the offender is a person in charge, employee
ELEMENTS OF NO. 2: or workman of a manufacturing or industrial
1. That the offender pays the wages due a laborer or establishment
employee employed by him by means of tokens or 2. That the manufacturing/industrial establishment
objects has a secret of the industry which the offender has
2. That those tokens or objects are other than the learned
legal tender currency of the Philippines. 3. That the offender reveals such secrets
3. That such employee or laborer does not expressly 4. That prejudice is caused to the owner
request that he be paid by means of tokens or
objects.
 Prejudice is an essential element of this offense
 ART. 289 – FORMATION , MAINTENANCE, & TITLE TEN: CRIME AGAINST PROPERTY
PROHIBITION OF COMBINATION OF CAPITAL OR
LABOR THROUGH VIOLENCE OR THREATS Chapter One: Robbery in General (Arts. 293-305)

ELEMENTS:  ART. 293 WHO ARE GUILTY OF ROBBERY


1. That the offender employs violence or threats, in
such a degree as to compel or force the laborers or CLASSIFICATION OF ROBBERY
employers in the free and legal exercise of their 1. Robbery with violence against, or intimidation of
industry or work. persons (294, 297, 298)
2. Robbery by use of force upon things (299& 302)

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS


Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 95

MEMORY AID IN CRIMINAL LAW


ELEMENTS OF ROBBERY IN GENERAL: evidence that the large cattle in his possession, control
1. That there be personal property (bienes muebles) and custody are the fruits of the crime of cattle
belonging to another; rustling.
2. That there is unlawful taking (apoderamiento or
asportacion) of that property. Section One – Robbery with violence against or
3. That the taking must be with intent to gain intimidation of persons
(animus lucrandi)
4. That there is violence against or intimidation of  ART. 294- ROBBERY WITH
any person/ or force used upon things VIOLENCE AGAINST OR INTIMIDATION
OF PERSONS
 Violence or intimidation must be present before
the taking of personal property is complete. ACTS PUNISHED UNDER THIS ARTICLE:
1. When by reason or on occasion of the robbery, the
 Intent to gain is presumed juris tantum the crime of homicide is committed; or when the
moment there is unlawful taking. robbery is accompanied by rape or intentional
mutilation or arson.
 To constitute unlawful taking, it is sufficient that 2. When by reason or on occasion of such robbery any
the object was taken and held by the offender in a of the physical injuries resulting in insanity,
manner sufficient to enable him to dispose of it as imbecility, impotency or blindness is inflicted
he intended, even if his possession thereof be (subdivision 1 of Art. 263).
merely temporary or even transitory. 3. When by reason or on occasion of robbery, any of
the physical injuries penalized in subdivision 2 of
 As long as the personal property does not belong to Art. 263 is inflicted.
the accused who has a valid claim thereover, it is 4. If the violence or intimidation employed in the
immaterial whether said offender stole it from the commission of the robbery is carried to a degree
owner, a mere possessor, or even a thief of the clearly unnecessary for the commission of the
property. crime; or when in the course of its execution, the
offender shall have inflicted upon any person
physical injuries covered by subdivisions 3 and 4 of
Art. 263.
 Where robbery was committed with violence 5. If the violence employed by the offender does not
against or intimidation of persons, and force upon cause any of the serious physical injuries defined in
things was also present and employed by the Art. 263, or if the offender employs intimidation
offender, the crime should be categorized and only.
punished under the first mode.
 These offenses are known as SPECIAL COMPLEX
 If it is the owner who forcibly takes the personalty CRIMES.
from its lawful possessor, the crime is estafa under
Art. 316(3) since the former cannot commit robbery  The term “homicide” is used in its generic sense
on his own property even if he uses violence or and includes any kind of killing, whether parricide
intimidation. or murder or where several persons are killed and
the name of this special complex crime shall
ANTI CARNAPPING ACT of 1972 remain as robbery with homicide. The qualifying
REPUBLIC ACT 6539 circumstance (e.g. treachery in murder) will only
CARNAPPING – is the taking, with intent to gain, of become an aggravating circumstance.
motor vehicle belonging to another without the latter’s
consent, or by means of violence against or  Additional rape/s or homicide/s are not considered
intimidation of persons, or by using force upon things. aggravating. Unless and until a law is passed
The Act applies when the property taken in robbery is a providing that the additional rape/s (or
motor vehicle. homicide/s) may be considered aggravating, the
Court must construe the penal law in favor of the
CATTLE RUSTLING LAW of 1974 offender as no person may be brought within its
P.D. 533 terms if he is not clearly made so by the statue.
Cattle Rustling – is defined as the taking away (People vs. Sultan, April 27, 2000)
by means, method or scheme, without the consent of
the owner/raiser, of any large cattle whether or not for  Par. 5 is known as simple robbery because they
profit or gain, or whether committed with or without only involve slight or less serious physical injuries,
violence against or intimidation of persons or force which are absorbed in the crime of robbery as an
upon things. It includes the killing of large cattle or element thereof.
taking it as meat or hide without the consent of the
owner/raiser.
Large cattle – shall include the cow, carabao, THREATS TO ROBBERY THRU
horse, mule, ass, or other domesticated member of the EXTORT MONEY INTIMIDATION
bovine family. Goats are not large cattle. Intimidation is Intimidation is
Presumption of Cattle Rustling – Failure to actual and conditional or future
exhibit the required documents by any person having in immediate
his possession, control, or custody of large cattle, upon Intimidation is Intimidation may be
demand by competent authorities shall be prima facie personal through an
intermediary
CRIMINAL LAW COMMITTEE
 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
96 2005 CENTRALIZED BAR OPERATIONS

Intimidation may Intimidation is 2) When any of the arms used in the commission of
refer to person, directed only to the robbery is not licensed, the penalty upon all
honor or property of person of the victim malefactors shall be the maximum of the
the offended party corresponding penalty provided by law without
or of his family
prejudice to the criminal liability for illegal
The gain of the The gain of the
culprit is immediate culprit is not
possession of firearms.
immediate 3) Any member by a band who was present at the
commission of a robbery by the band, shall be
punished as principal of any assaults committed by
ROBBERY BRIBERY the band, unless it be shown that he attempted to
The victim is deprive of He parts with his prevent the same.
his money, property by money in a sense
force or intimidation voluntarily  Art. 296, just like Art. 295, also applies only to
robbery under Pars. 3, 4 and 5 of Art. 294, and not
to robbery with homicide, rape, intentional
mutilation, arson or the physical injuries in Par. 1
 ART. 295-ROBBERY WITH of Art. 263.
PHYSICAL INJURIES, COMMITTED IN
AN UNINHABITED PLACE BY A REQUISITES FOR LIABILITY FOR THE ACTS OF OTHER
BAND OR WITH THE USE OF FIREARM MEMBERS OF THE BAND:
ON A STREET, ROAD OR ALLEY 1. He was a member of the band
2. He was present at the commission of a robbery by
Qualified Robbery with Force Upon Things or that band
Intimidation of Persons: 3. The other members of that band committed an
assault
Nos. 3,4,5 of Article 294: if committed 4. He did not attempt to prevent the assault
1) In an uninhabited place (despoblado) ; or
2) By a band (en cuadrilla); or
3) By attacking a moving train, street car, motor  ART 297-ATTEMPTED AND
vehicle, or airship; or FRUSTRATED ROBBERY COMMITTED UNDER CERTAIN
4) By entering the passengers’ compartments in a CIRCUMSTANCES
train, or in any manner taking the passengers by
surprise in their respective conveyances; or SPECIAL COMPLEX CRIME: When robbery is attempted or
5) On a street, road, highway, or alley, and the frustrated but homicide is attendant
intimidation is made with use of firearms, the
offender shall be punished by the maximum period  “Homicide” under this article is also used in its
or the proper penalties prescribed in Art. 294. generic sense, to include any other unlawful killing.
However, if the killing legally constituted murder
 This article provides five special aggravating or parricide, the offense will continue to be
circumstances which, because they impose the covered by Art. 297 with the technical name stated
penalty in the maximum period and cannot be therein, but the penalty shall be for murder or
offset, are also considered as qualifying parricide because Art. 297 states, “unless the
circumstances. homicide (killing) committed shall deserve a higher
penalty under this Code.”
 For robbery with violence or intimidation in Art.
294, despoblado and cuadrilla need not concur, but If physical injuries were inflicted on the victim, but
in robbery through force upon things (Art. 302), no intent to kill was proved and the victim did not
these two circumstances have to concur in order to die, the liability of the offender may be as follows:
be considered as and have the effect of a special 1. If the physical injuries were by reason of the
aggravating circumstance. attempted or frustrated robbery as the means for
the commission of the latter, the injuries are
 If the crime committed is robbery with homicide, absorbed by the latter and the crime shall only be
rape, mutilation or arson (Par. 1) or with physical attempted or frustrated robbery.
injuries under subdivision 1 of Art. 263 (Par. 2), 2. If the physical injuries were inflicted only on the
despoblado and cuadrilla will each be considered occasion of the aborted robbery but not employed
only as a generic aggravating circumstance. as a means of committing the latter, these will be
separate crimes of attempted or frustrated robbery
 On the matter of firearms, whether the same are and physical injuries.
license or unlicensed, if used on streets, etc., they 3. If both killing and physical injuries were committed
become special aggravating circumstances. on that occasion, the crime will be penalized in
accordance with Art. 297 but the physical injuries
will be absorbed.
 ART.296-DEFINITION OF A BAND
AND PENALTY INCURRED BY THE MEMBERS THEREOF
 ART. 298-EXECUTION OF DEEDS
OUTLINE BY MEANS OF VIOLENCE OR INTIMIDATION
1) When at least four armed malefactors take part in ELEMENTS
the commission of a robbery, it is deemed 1. That the offender has intent to defraud another.
committed by a band.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 97

MEMORY AID IN CRIMINAL LAW


2. That the offender compels him to sign, execute, or Inhabited house – means any shelter, ship, or vessel
deliver any public instrument or document constituting the dwelling of one or more persons, even
3. That the compulsion is by means of violence or though the inhabitants thereof shall temporarily be
intimidation. absent therefrom when the robbery is committed.

Dependencies of an inhabited house, public building


Section Two – Robbery with the use of force upon or building dedicated to religious worship – all
things interior courts, corrals, warehouses, granaries or
enclosed places contiguous to the building or edifice,
 ART. 299-ROBBERY IN AN having an interior entrance connected therewith, and
INHABITED HOUSE/PUBLIC BUILDING which form part of the whole.
OR EDIFICE DEVOTED TO WORSHIP
 ART. 302 – ROBBERY IN AN
ELEMENTS: (Subdivision A) UNINHABITED PLACE OR IN A PRIVATE BUILDING
1. The offender entered (a) an inhabited house (b) a
public building or (c) an edifice devoted to religious Same manner of commission as Article 299
worship
2. The entrance was effected by any of the following  The only difference between Arts. 299 and 302 is
means: that the use of fictitious name or simulation of
a) Through an opening not intended for public authority can be used only in Art. 299 which
entrance or egress; refers to inhabited buildings and not in Art. 302
b) By breaking any wall, roof, floor, door, or which involves uninhabited or other places.
window;
c) By using false keys, picklocks or similar  While Art. 302 provides for robbery in an
tools; or “uninhabited place,” it actually means an
d) By using any fictitious name or pretending uninhabited house.
the exercise of public authority.
3. That once inside the building, the offender took  ART. 304 – POSSESSION OF
personal property belonging to another with intent PICKLOCKS OR SIMILAR TOOLS
to gain
ELEMENTS:
 The whole body of the culprit must be inside the 1. That the offender has in his possession picklocks
building to constitute entering. or similar tools
2. That such picklocks or similar tools are specially
 Not every physical force exerted by the offender is adopted to the commission of robbery
covered by Art. 299, hence breaking store windows 3. That the offender does not have lawful cause for
to steal something but without entry, is only theft. such possession

ELEMENTS: (Subdivision B)  ART. 305 FALSE KEYS


1. Offender is inside a dwelling house, public building
INCLUSIONS:
or edifice devoted to religious worship, regardless
1. Tools not mentioned in the next preceding article
of the circumstances under which he entered.
2. Genuine keys stolen from the owner
2. The offender takes personal property belonging to
3. Any keys other than those intended by the owner
another with intent to gain under any of the
for use in the lock forcibly opened by the
following circumstances:
offender.
a. by the breaking of doors, wardrobes,
chests, or any other kind of sealed
 A master key is a picklock and its possession is
furniture or receptacle
punishable.
b. by taking such furniture or objects away
to be broken open outside the place of the
Chapter Two: Brigandage
robbery
(Arts. 306-307)
PRESIDENTIAL DECREE 532 – modified
 If the locked or sealed receptacle is not forced
Arts. 306 & 307
open, crime is estafa or theft.
Highway Robbery/Brigandage – is the seizure of any
 ART. 300 – ROBBERY IN AN
person for ransom, extortion or other unlawful
UNINHABITED PLACE AND BY A BAND
purposes, or the taking away of the property of another
by means of violence against or intimidation of persons
 Under this article, robbery is committed in an
or force upon things or other unlawful means,
uninhabited place AND by a band, as distinguished
committed by any person on any Philippine Highway
from Qualified Robbery with Violence or
 Any person who aids or protects highway robbers or
Intimidation of Persons (Art 295) which is
abets the commission of highway robbery or
committed in an uninhabited place OR by a band.
brigandage shall be considered as an ACCOMPLICE.
 ART. 301 – WHAT IS AN INHABITED HOUSE, PUBLIC
 ART. 306 BRIGANDAGE
BUILDING OR BUILDING DEDICATED TO RELIGIOUS
WORSHIP AND THEIR DEPENDENCIES ELEMENTS:
1. There be at least four armed persons

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
98 2005 CENTRALIZED BAR OPERATIONS

2. They formed a band of robbers 1. Those who (a) with intent to gain, (b) without
3. The purpose is any of the following: violence or intimidation of persons nor force upon
a. To commit robbery in a highway; or things, (c) take (d) personal property (e) of another
b. To kidnap persons for the purpose of extortion (f) without the latter’s consent
or to obtain ransom; or 2. Those who (a) having found lost property, (b) fail
c. To attain by means of force or violence any to deliver the same to the local authorities or to its
other purpose owner
3. Those who (a) after having maliciously damaged
The only things to prove are: the property of another, (b) remove or make use of
1. That there is an organization of more than three the fruits or objects of the damaged caused by
armed persons forming a band of robbers them
2. That the purpose of the band is any of those 4. Those who (a) enter an enclosed estate or a field
enumerated in Art. 306 where (b) trespass is forbidden or which belonged
3. That they went upon the highway or roamed upon to another, and without the consent of the owner,
the country for that purpose. (c) hunt or fish upon the same or gather fruits,
4. That the accused is a member of such band cereals or other forest or farm products

 Theft is not a continuing offense.


 What distinguishes THEFT from ROBBERY is that in
BRIGANDAGE ROBBERY IN theft the offender does not use violence or
BAND intimidation or does not enter a house or building
1. Purpose: commit 1. Purpose: commit through any of the means specified in Art. 299 or
robbery in highway; robbery, not Art. 302 in taking personal property of another
or to kidnap person necessarily in with intent to gain
for ransom; or any highways
other purpose
attained by force  Theft is not limited to an actual finder of lost
and violence property who does not return or deposit it with the
2. Agreement is to 2. Agreement is to local authorities but includes a policeman to whom
commit several commit a particular he entrusted it and who misappropriated the same,
robberies robbery as the latter is also a finder in law.
3. Mere formation is 3. Actual
punished commission of  Theft of electricity is also punishable under RA
robbery necessary
7832, the Anti-Electricity and Electric Transmission
Lines/Materials Pilferage Act of 1994.
 ART. 307 AIDING OR ABBETING A BAND OF  ART. 309 PENALTIES
BRIGANDS
THE BASIS OF PENALTY IN THEFT IS:
ELEMENTS: 1. The value of the thing stolen, and in some cases,
1. That there is a band of brigands 2. The value and the nature of the property taken, or
2. That the offender knows the band to be of brigands 3. The circumstances or causes that impelled the
3. That the offender aids or abets: culprit to commit the crime.
a) by giving information about the movement of
police or other peace officers of the  ART. 310-QUALIFIED THEFT
government
b) acquires or receives property taken by such There is qualified theft in the following instances:
brigands 1. If theft is committed by a domestic servant
c) in any manner derives any benefit therefrom 2. If committed with grave abuse of confidence
d) directly/indirectly abets the commission of 3. If the property stolen consists of coconuts taken
highway robbery from the premises of plantation
4. If the property stolen consists of coconuts taken
Chapter Three: Theft (Arts. 308-311) from the premises of plantation.
5. If the property stolen is taken from a fishpond or
 ART. 308 – WHO ARE LIABLE FOR fishery
THEFT 6. If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any
ELEMENTS: other calamity, vehicular accident or civil
1. That there be taking of personal property disturbance
2. That said property belongs to another
3. That the taking be done with intent to gain  Penalty for qualified theft is two degrees higher
4. That the taking be done without the consent of the than that provided in Art. 309.
owner
5. That the taking be accomplished without the use of LAW ON ILLEGAL FISHING
violence against or intimidation of persons or force P.D. 534
upon things
Illegal Fishing- the act of any person to catch, take or
gather or cause to be caught, taken or gathered fish or
THE FOLLOWING ARE LIABLE FOR THEFT: fishery/aquatic products in Philippine waters with the

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS


Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 99

MEMORY AID IN CRIMINAL LAW


use of explosives, obnoxious or poisonous substances or RIGHTS IN PROPERTY
by the use of electricity.
ELEMENTS:
PRESIDENTIAL DECREE 581 – “HIGHGRADING” OR
THEFT OF GOLD 1. That the offender takes possession of any real
property or usurps any real rights in property.
“Highgrading” or Theft of Gold – the act of any person
who shall take gold-bearing ores or rocks 2. That the real property or real rights belong to
from a mining claim or mining camp or shall another.
remove, collect or gather gold-bearing ores
or rocks in place or shall extract or remove 3. That violence against or intimidation of persons is
the gold; from such ores or rocks, or shall used by the offender in occupying real property or
prepare and treat such ores or rocks to usurping real property or usurping real right in
recover or extract the gold content thereof, property.
without the consent of the operator of the
mining claim. 4. That there is intent to gain.

 Presumption: unauthorized possession by any ACTS PUNISHABLE UNDER ART. 312


person within a mining claim or mining camp of gold-
bearing ores or rocks, or of gold extracted or 1. By taking possession of any real property belonging
removed from such ores or rocks, shall be prima facie to another by means of violence against or
evidence that they have been stolen from the intimidation of persons
operator of a mining claim (Sec. 2)
2. By usurping any real rights in property belonging to
ANTI – FENCING LAW another by means of violence against or
(P.D. 1612) intimidation of persons

Section 2. Definition of Terms.


Fencing – the act of any person who, w/ intent to gain THEFT/ROBBERY ART. 312
for himself or for another, shall buy, receive, possess,
keep, acquire, conceal, sell, or dispose of, or shall buy Personal property is Real property or real
and sell, or in any other manner deal any article, item, taken right involved
object or anything of value which he knows, or should
be known to him, to have been derived from the  ART. 313 – ALTERING BOUNDARIES OR LANDMARK
proceeds of the crime of robbery or theft. ELEMENTS:
1. That there be boundary marks or monuments of
Section 5. Presumption of Fencing towns, provinces, or estates, or any other marks
Mere possession of any good, article, item, object, or intended to designate the boundaries of the same
anything of value which has been the subject of 2. That the offender alters said boundary marks
robbery or thievery shall be prima facie evidence of
fencing.
Chapter Five: Culpable Insolvency (Art. 314)
Section 6. Clearance/Permit to Sell Used/ Second Hand
Articles.  ART. 314- FRAUDULENT INSOLVENCY

 All stores, establishments or entities dealing in ELEMENTS:


the buy and sell of any good, article, item, object 1. That the offender is a debtor
or anything of value shall, before offering the 2. That he absconds with his property
same for sale to the public, secure the necessary 3. That there be prejudice to his creditors
clearance or permit from the station commander
of the Integrated National Police in the town or  Unlike in the Insolvency Law, Art. 314 does not
city where such store, establishment or entity is require for its application that the criminal act
located. should have been committed after the institution
of insolvency proceedings.
 Any person who fails to secure the required
clearance/permit shall also be punished as a
fence. Chapter Six: Swindling and Other Deceits (Arts. 315-
318)

 ART. 315-SWINDLING/ESTAFA

ELEMENTS in general
1. That the accused defrauded another by abuse of
Chapter Four: Usurpation confidence, or by means of deceit
(Arts. 312-313) 2. That the damage or prejudice capable of pecuniary
estimation is caused to the offended party or third
 ART. 312-OCCUPATION OF REAL persons
PROPERTY OR USURPATION OF REAL

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
100 2005 CENTRALIZED BAR OPERATIONS

ESTAFA WITH UNFAITHFULNESS OR ABUSE OF Offender is a Offender who is usually


CONFIDENCE private individual or a public officer is
even a public accountable for public
ELEMENTS OF 315, NO. 1 (A): officer who is not funds or property
accountable for
1. That the offender has an onerous obligation to
public funds or
deliver something of value property.
2. That he alters its substance, quantity or quality Crime is committed Crime is committed by
3. That damage or prejudice capable of pecuniary by appropriating taking or
estimation is caused to the offended party or third misappropriating, misappropriating or
persons converting or consenting, or through
denying having abandonment or
ELEMENTS OF 315 NO.1 (B) received money, negligence, permitting
1. That money, goods, or other personal property be goods, or other any other person to take
received by the offender in trust, or on personal property the public funds or
property
commission, or for administration, or under any
other obligation involving the duty to make delivery
ELEMENTS OF 315, NO. 1 (C)
of , or to return, the same
1. That the paper with the signature of the offended
2. That there be misappropriation or conversion of
party be in blank
such money or property by the offender, or denial
2. That the offended party should have delivered it to
on his part of such receipt
the offender
3. That such misappropriation or conversion or denial
3. That above signature of the offended party a
is to the prejudice of another
document is written by the offender without
4. That there is demand made by the offender party
authority to do so
to the offender
4. That the document so written creates a liability of,
or causes damage to the offended party or any
 Art. 315, No. 1 (b) does not apply when the
third person
contract between the accused and complainant has
the effect of transferring to the accused ownership
ESTAFA BY MEANS OF DECEIT (Art. 315, nos. 2 and 3)
of the thing received. The default in the return of
the thing received will only entail civil liability.
ELEMENTS OF 315 NO. 2:
1. That there must be false pretense, fraudulent act
 The thing to be delivered or returned by the
or fraudulent means
offender must the very object which he received.
2. That such false pretense, act or fraudulent means
must be made or executed prior to or
GENERAL RULE: There must be a formal demand on
simultaneously with the commission of fraud
the offender to comply with his obligation before he
3. That the offended party must have relied on the
can be charged with estafa.
false pretense, fraudulent act, or fraudulent
EXCEPTIONS:
means, that is, he was induced to part with is
1. When the offender’s obligation to comply is subject
money or property because of fraudulent means
to a period, and
4. That as a result thereof, the offended party
2. When the accused cannot be located despite due
suffered damage
diligence.
315 No. 2 (A)
NOVATION THEORY
1) By using a fictitious name
May apply prior to the filing of the criminal information
2) By falsely pretending to possess power, influence,
in court by the state prosecutor, because up to that
qualifications, property, credit, agency, business or
time, the original trust relation may be converted by
imaginary transactions
the parties into an ordinary creditor-debtor situation,
3) By means of other similar deceits
thereby placing the complainant in estoppel to insist on
the original trust. But after the judicial authorities
have taken cognizance of the crime and instituted
ILLEGAL RECRUITMENT
action in court, the offended party may no longer
Under the Migrant Workers Act
divest the prosecution of its power to exact the
R.A. No. 8042
criminal liability, as distinguished from the civil.
(People vs. Nery, 10 SCRA 244)
Illegal Recruitment - Any act of canvassing, enlisting,
hiring, or procuring workers, including referring
THEFT ESTAFA
contract services, promising or advertising for
if the offender if in receiving the thing
employment abroad, whether for profit or not, when
had acquired from the offended party,
only the the offender acquired also undertaken by a non-licensee or non-holder of
material or the juridical possession of authority.
physical the thing and the later
possession of misappropriated it Any such non-licensee or non-holder of authority who,
the thing for a fee, offers and promises employment abroad to
ESTAFA MALVERSATION two or more persons shall be deemed so engaged in
The funds or Usually public funds or illegal recruitment.
property are private property
Economic Sabotage:

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS


Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 101

MEMORY AID IN CRIMINAL LAW


Illegal recruitment by syndicate - committed by 2) Failing to keep sufficient funds to cover check if
a group of three (3) or more persons conspiring or presented within a period of 90 days from the date
confederating with one another. appearing thereon.
Large Scale Illegal Recruitment – committed Elements:
against three (3) or more persons. a. That a person has sufficient funds with the
drawee bank when he makes or issues a check
 Penalty for Illegal Recruitment involving b. That he fails to keep sufficient funds or to
economic sabotage is punishable by life maintain a credit to cover the full amount if
imprisonment and fine of P500,000 to P1,000,000. presented within a period of 90 days from the
date of appearing thereon.
315 No. 2 (B) c. That the check is dishonored.

By altering, the quality, fineness or weight of Evidence of Knowledge of Insufficient Funds:


anything pertaining to his business  Refusal of drawee bank to pay the check due to
insufficiency of funds when presented within 90 days
315 No. 2 (C) from the date of the check shall be prima facie
knowledge of insufficiency of funds, unless the drawer
By pretending to have bribed any Government or maker pays the holder the amount due thereon or
employee makes arrangements for the payment thereof by the
drawee within five (5) banking days after receipt of
 The accused, by pretending to have bribed a notice that the check was dishonored.
government employee, can be held further liable
for such calumny in a criminal action for either  That the checks were presented beyond the 90-
slander or libel depending on how he recounted the day period provided in Sec. 2 of BP 22 is not an
supposed bribery. element of the offense but merely a condition for the
prima facie presumption of knowledge of the
ELEMENTS OF 315 No. 2 (D) insufficiency of funds. (NAGRAMPA vs. PEOPLE OF THE
1. That the offender postdated a check, or issued a PHILIPPINES, G.R. No. 146211. August 6, 2002)
check in payment of an obligation
2. That such postdating or issuing a check was done Under SC Administrative Circular 12-2000:
when the offender had no funds in the bank, or his Where the circumstances of both the offense
funds deposited therein were not sufficient to and the offender clearly indicate good faith or a clear
cover the amount of the check mistake of fact without taint of intelligence, the
imposition of fine alone should be considered as the
 The issuance by the offender of the check (whether more appropriate penalty.
postdated or not), prior to or simultaneous with the It mere lays down a rule of preference in the
transaction, must be for the purpose of contracting application of the penalties provided for in B.P. 22.
the obligation, otherwise if the check is issued in The circular does not delete the penalty of
payment of a preexisting obligation, no estafa is imprisonment, for should the judge decide that
committed. imprisonment is the more appropriate penalty, the
 If the check was issued by the debtor only for circular ought not to be a hindrance.
security of the creditor, as in the nature of
promissory notes but not to be encashed, no estafa  Prosecution under BP 22 shall be without prejudice
will be involved. to any liability for any violation in the RPC.

BOUNCING CHECKS LAW  The fine under BP22 is based on the amount of the
BATAS PAMBANSA Blg. 22 check and is without regard to the amount of
damage caused.
Section 1. Checks Without Sufficient Funds
 The accused will be liable for the dishonor of the
Offenses punished in BP 22 check even if it was issued in payment of a
1) Making or Drawing and issuing a check knowing at preexisting legal obligation as he issued that check
the time of issue that he does not have sufficient “to apply on account.”
funds.
Elements:
a. That a person draws a check
b. That the check is made or drawn and issued to
apply on account or for value. BP Blg. 22 vs. Estafa
c. That the person knows that at the time of
BP 22 RPC
issue he does not have sufficient funds in or
credit with the drawee bank for the payment 1. endorser is not 1. endorser who acted
of such check upon its presentment liable; with deceit knowing
d. That the check is subsequently dishonored by that the check is
the drawee bank for insufficiency of funds or worthless will be
credit, or would have been dishonored for the criminally liable;
same reason had not the drawer, without any
valid reason, ordered the bank to stop 2.malum prohibitum; 2. malum in se;
payment.

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
102 2005 CENTRALIZED BAR OPERATIONS

3. Issuance of check 3. it is the means to


is for value or on obtain the valuable  If there is no intent to defraud, it could be
account consideration from the malicious mischief.
payee (debt is not
preexisting)

4. Deceit and 4. False pretenses or  ART. 316-OTHER FORMS OF


damage are not deceit and damage, or SWINDLING
elements of the at least intent to cause PERSONS LIABLE:
crime; the gravamen damage, are essential 1. Any person who, pretending to be the owner of any
of the offense is the and the false pretenses real property, shall convey, sell, encumber or
issuance of the must be prior to or mortgage the same.
check simultaneous with the
damage caused. ELEMENTS:
5. The drawer is 5. given 3 days after
a) That the thing be immovable, such as a parcel
given 5 days after receiving notice of
receiving notice of dishonor; of land or a building.
dishonor within b) That the offender who is not the owner of said
which to pay or property should represent that he is the owner
make arrangements thereof.
for payment; c) That the offender should have executed an act
6. that there are no 6. that there are no of ownership (selling, leasing, encumbering or
funds or no funds or there are mortgaging the real property).
sufficient funds at insufficient funds at the d) That the act be made to the prejudice of the
the time of issuance time of issuance owner or a third person.
or at the time of
presentment if made
within 90 days. 2. Any person who, knowing that real property is
3 WAYS TO COMMIT 315, NO. 2(E) encumbered, shall dispose of the same, although
1) By obtaining food, refreshment or accommodation such encumbrance be not recorded.
at hotel, inn, restaurant, boarding house, lodging ELEMENTS:
house or apartment house without paying thereof, a) That the thing disposed of be real property.
with intent to defraud the proprietor or manager b) That the offender knew that the real property
thereof was encumbered, whether the encumbrance is
2) By obtaining credit at any of the said recorded or not.
establishments by the use of any false pretense c) That there must be express representation by
3) By abandoning or surreptitiously removing any part the offender that the real property is free from
of his baggage from any of the said establishment encumbrance.
after obtaining credit, food, refreshment or d) That the act of disposing of the real property
accommodation therein, without paying be made to the damage of another.

ELEMENT OF 315 NO. 3 (A) 3. The owner of any personal property who shall
1. That the offender induced the offended party to wrongfully take it from its lawful possessor, to the
sign a document prejudice of the latter or any third person
2. That deceit be employed to make him sign the ELEMENTS:
document a) That the offender is the owner of personal
3. That the offended party personally signed the property.
document b) That said personal property is in the lawful
4. That prejudice be caused possession of another.
c) That the offender wrongfully takes it from its
315 No. 3 (B) lawful possessor.
Resorting to some fraudulent practice to insure d) That prejudice is thereby caused to the
success in a gambling game possessor or third person.

ELEMENTS OF 315 NO. 3 (C) 4. Any person who, to the prejudice of another, shall
1. That there be court record, office files, documents execute any fictitious contract
or any other papers
2. That the offender removed, concealed or destroyed 5. Any person who shall accept any compensation
any of them given under the belief that it was in payment of
3. That the offender had intent to defraud another services rendered or labor performed by him, when
in fact he did not actually perform such services or
INFIDELITY IN ESTAFA labor
CUSTODY OF (Art. 315 C)
DOCUMENT 6. Any person who, while being a surety in a bond
(Art. 226) given in a criminal or civil action, without express
authority from the court or before the cancellation
of his bond or before being relieved from the
Offender is a public The offender is a obligation contracted by him, shall sell, mortgage,
officer who is private individual
or, in any other manner, encumber the real
officially entrusted who is not officially
with the document entrusted with the property or properties with which he guaranteed
documents the fulfillment of such obligation.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 103

MEMORY AID IN CRIMINAL LAW


mere failure to obtain may have obtained
the consent of the the consent of the
mortgagee in writing, mortgagee in writing.
 ART. 317-SWINDLING A MINOR
even if the offender
ELEMENTS: should inform the
1. That the offender takes advantage of the purchaser that the
inexperience or emotions or feelings of a minor thing sold is
2. That he induces such minor to assume an mortgaged.
obligation, or to give release, or to execute a The purpose of the The purpose is to
transfer of any property right. law is to protect the protect the purchaser,
mortgagee. whether the first or
3. That the consideration is some loan of money, the second.
credit, or other personal property Chapter Eight: Arson and Other Crimes Involving
4. That the transaction is to the detriment of such Destructions (Arts. 320-326B)
minor
 ART. 320-326-b
REPEALED BY PD 1613
 ART. 318-OTHER DECEITS PD 1613-AMENDING THE LAW ON ARSON
1. By defrauding or damaging another by any other ARSON – when any person burns or sets fire to the
deceit not mentioned in the preceding articles property of another, or his own property under
circumstance which expose to danger the life or
2. By interpreting dreams, by making forecasts telling property of another.
fortunes, by taking advantage of the credulity of
the public in any other manner, for profit or gain KINDS OF ARSON
1. Arson (Sec. 1, PD No. 1613)
2. Destructive arson (Art. 320, as amended by RA No.
Chapter Seven: Chattel Mortgage (Arts. 319) 7659)
3. Other cases of arson (Sec. 3, PD No. 1613)
 ART 319-REMOVAL, SALE OR PLEDGE OF
MORTGAGED PROPERTY DESTRUCTIVE ARSON
Burning of:
ELEMENTS: (par 1) 1) Any ammunition factory and other establishment
where explosives, inflammable or combustible
1. Personal property mortgaged under Chattel materials are stored
Mortgage Law 2) Any archive, museum, whether public or private,
2. Offender knows such mortgage or any edifice devoted to culture, education or
3. He removes personal property to any province or social services
city other than the one in which it was locate at 3) Any train, airplane or any aircraft, vessel of
the time of the execution of the mortgage watercraft, or conveyance for transportation of
4. Removal is permanent persons or property
5. No written consent of mortgagee, executors, 4) Any church or place of worship or other building
administrators, or assigns to such removal where people usually assemble
5) Any building where evidence is kept for use in any
ELEMENTS: (par 2) legislative, judicial, administrative or other
1. Personal property pledged under Chattel Mortgage official proceeding
Law. 6) Any hospital, hotel, dormitory, lodging house,
2. Offender, who is the mortgagor, sells or pledges housing tenement, shopping center, public or
the same property or any part thereof private market, theater or movie house or any
3. No consent of mortgagee written at the back of the similar place or building
mortgage and noted on the record thereof in the 7) Any building, whether used as a dwelling or not,
Office of the Register of Deeds situated in a populated or congested area
 Damage to the mortgagee not essential OTHER CASES OF ARSON
Burning of:
1) Any building used as offices of the Government or
any of its agencies
2) Any inhabited house or dwelling
3) Any industrial establishment, shipyard, oil, well or
mine shaft, platform or tunnel
Art. 319 distinguished from estafa (Art. 316) by 4) Any plantation farm, pasture land, growing crop or
disposing of encumbered property grain field, orchard, bamboo grove or forest
ART. 319 ART. 316 (PAR. 2) 5) Any rice mill, sugar mill, cane mill, or mill central
The property The property 6) Any railway or bus station, airport, wharf, or
involved is personal involved is real
warehouse
property. property.
Selling or pledging of To constitute estafa,
personal property it is sufficient that SPECIAL AGGRAVATING CIRCUMSTANCES IN ARSON
already pledged or the real mortgaged 1) If committed with intent to gain
mortgaged is be sold as free, even 2) If committed for the benefit of another
committed by the though the vendor
CRIMINAL LAW COMMITTEE
 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
104 2005 CENTRALIZED BAR OPERATIONS

3) If the offender be motivated by spite or hatred


towards the owner or occupant of the property  ART.332 – PERSON EXEMPT FROM CRIMINAL
burned LIABILITY.
4) If committed by a syndicate
CRIMES INVOLVED:
 The offense is committed by a syndicate if it is 1) Theft
planned or carried out by a group of three or more 2) Swindling
persons 3) Malicious mischief

 If a part of the building commences to burn, the PERSON EXEMPTED:


crime is consummated arson, however small is the 1) Spouses, ascendants and descendants, or relatives
portion burned. by affinity on the same line.
2) The widowed spouse with respect to the property
 When there is fire, the crime committed is either which belonged to the deceased spouse before the
frustrated or consummated arson, never same shall have passed to the possession of
attempted. another.
3) Brothers and sisters and brothers in law and sisters
 Mere conspiracy to commit arson is punishable. in law, if living together.

 There is no complex crime of arson with homicide.  Stepfather, adopted father, natural children,
concubine, paramour included

Chapter Nine: Malicious Mischief (Arts. 327-331)  Also applies to common-law spouses.

 ART. 327 – MALICIOUS MISCHIEF TITLE ELEVEN: CRIMES AGAINST CHASTITY

ELEMENTS  Crimes against chastity are also referred to as


1) That the offender deliberately caused damage to private crimes, or crimes which cannot be
the property of another prosecuted de oficio, because of the requirement
2) That such act does not constitute arson or other that the prosecution thereof be upon a sworn
crimes involving destruction written complaint of the offended party or certain
3) That the act of damaging another’s property be persons authorized by law.
committed merely for the sake of damaging it.
 The crimes against chastity which cannot be
 ART. 328 SPECIAL CASES OF MALICIOUS prosecuted de oficio are:
MISCHIEF (QUALIFIED) a) Adultery (Art. 333)
b) Concubinage (Art. 334)
1) Causing damage to or obstructing the performance c) Acts of lasciviousness with or without consent
of public functions. (Arts. 336, 339)
2) Using poisonous or corrosive substances d) Seduction whether qualified or simple (Arts.
3) Spreading any infection or contagion among cattle. 337, 338), and
4) Causing damage to the property of the National e) Abduction which may be forcible or consented
Museum or National Library, or to any archive or (Arts. 342, 343)
registry, waterworks, road, promenade, or any
other thing used in common by the public.  But corruption of minors (Art. 340) and white slave
trade (Art. 341) can be prosecuted de oficio.
 ART. 329 OTHER MISCHIEFS
Chapter One: Adultery and Concubinage (Arts. 333-
Mischief not included in the next preceding 334)
article.  ART. 333 – ADULTERY

 ART. 330 DAMAGE AND OBSTRUCTION TO ELEMENTS:


MEANS OF COMMUNICATION. 1. That the woman is married
2. That she has sexual intercourse with a man not her
PERSON LIABLE: husband
3. That as regards the man with whom she has sexual
Any person who shall damage any railway, intercourse, he must know her to be married.
telegraph or telephone lines.
 The gist of the crime of adultery is the danger of
The offense is qualified if the damage shall introducing spurious heirs into the family, where
result in the derailment of cars, collision or other the rights of the real heirs may be impaired and a
accident. man may be charged with the maintenance of a
family not his own.
 Art. 330 does not apply when the telegraph or  Adultery is committed even if the marriage is
telephone do not pertain to railways subsequently declared void.
 Abandonment of the wife by the husband without
justification is only a mitigating circumstance.
Chapter Ten: Exemption from Criminal Liability in
Crimes Against Property (Arts. 332) Requirements of pardon
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC-
Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 105

MEMORY AID IN CRIMINAL LAW


1. must come before the institution of the
criminal prosecution The lascivious acts The lascivious acts are
2. both offenders must be pardoned. are but the the final objective
preparatory acts to sought by the offender
the commission of
 ART. 334 – CONCUBINAGE
rape
ELEMENTS: Manner of commission is the same
1. That the man must be married
2. That he committed any of the ff. acts: The performance of lascivious character is
a. Keeping a mistress in the conjugal dwelling. common to both
b. Having sexual intercourse under scandalous
circumstances with a women who is not his Notes: Just like rape, there can be no frustrated acts
wife of lasciviousness.
c. Cohabiting with her in any other place
3. As regards to the woman, she must know him to be Chapter Three: Seduction, Corruption of Minors, and
married. White Slave Trade (Arts. 337-341)

 Adultery is more severely punished than  ART. 337 – QUALIFIED SEDUCTION


concubinage.
REASON: Because adultery makes possible the TWO CLASSES:
introduction of another man’s blood into the family 1. Seduction of a virgin over 12 years and under 18
so that the offended husband may have another years of age by persons who abuse their authority
man’s son bearing his (husband’s) name and or the confidence reposed.
receiving support from him. 2. Seduction of a sister by her brother or descendant
by her ascendant, regardless of her age and
reputation.

ELEMENTS:
Chapter Two: Acts of Lasciviousness (Art. 336) 1. That the offended party is a virgin
2. She must be over 12 and under 18 years of age
(Art. 335 has been repealed by RA No. 8353 (Anti-Rape 3. That the offender had sexual intercourse with her
Law of 1997) effective Oct. 22, 1997. Provisions on 4. That there is abuse of authority, confidence or
Rape are found in Arts. 266-A to 266-D under Crimes relationship on the part of the offender
Against Persons)
VIRGIN – as understood in this article, refers to a
 ART. 336 – ACTS OF LASCIVIOUSNESS woman of chaste character or a woman of good
reputation. Virginity in this sense does not mean
ELEMENTS: physical virginity.
1. That the offender commits any act of lasciviousness
or lewdness The following may be the OFFENDERS
2. That the act of lasciviousness is committed against 1. Those who abused their authority
a person of either sex a. Persons in public authority
3. That it is done under any of the following b. Guardian
circumstances: c. Teacher
a) By using force or intimidation d. Person who, in any capacity, is
b) When the offended party is deprived of reason entrusted with the education or
or otherwise unconscious custody of the woman seduced
c) By means of fraudulent machination or grave 2. Those who abused confidence reposed in them
abuse of authority a. Priest
d) When the offended party is under 12 years of b. House servant
age or is demented c. Domestic
3. Those who abused their relationship
a. Brother who seduced his sister
b. Ascendant who seduced his descendant

A “domestic” is different from a house servant, it


means any person living under the same roof as a
ATTEMPTED ACTS OF member of the same household, and includes boarders
RAPE LASCIVIOUSNESS or houseguests but not transients or visitors.

The acts performed There is no intent to  ART. 338 – SIMPLE SEDUCTION


by offender clearly have sexual
indicate that his intercourse ELEMENTS:
purpose was to lie 1. That the offended party is over 12 and under 18
with the offended years of age.
woman, it is 2. That she must be of good reputation, single or
attempted or
widow
frustrated rape
3. That the offender has sexual intercourse with her

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
106 2005 CENTRALIZED BAR OPERATIONS

4. That it is committed by means of deceit. PROHIBITED ACTS - to promote or facilitate the


prostitution or corruption of persons under age to
 It is not required in simple seduction that the satisfy the lust of another.
victim be a virgin.
SPECIAL PROTECTION OF CHILDREN AGAINST CHILD
 ART. 339 – ACTS OF LASCIVIOUSNESS WITH THE ABUSE ACT (R.A. 7610) – Child prostitution and
CONSENT OF THE OFFENDED PARTY. attempt to commit child prostitution are punished
under this Act.
ELEMENTS:
1. That the offender commits acts of lasciviousness or Sec. 5. Child Prostitution and other
lewdness Sexual Abuse – Children whether male or
2. That the acts are committed upon a woman who is female, who for money, profit or other
a virgin or single or a widow of good reputation, consideration or due to the coercion or
under 18 years of age but over 12 years, or a sister influence of any adult syndicate or group,
or descendant regardless of her reputation or age.. indulge in sexual intercourse or lascivious
3. That the offender accomplishes the acts by abuse conduct are deemed to be children exploited in
of authority, confidence, relationship or deceit. prostitution and other sexual abuse.

Art. 336 and 339 compared:  ART. 341 - WHITE SLAVE TRADE
ART. 336 ART. 339
PROHIBITED ACTS:
The acts are committed The acts of lasciviousness 1. Engaging in the business of prostitution
under circumstances are committed under the 2. Profiting by prostitution
which, had there been circumstances which, 3. Enlisting the services of women for the purpose of
carnal knowledge, would had there been carnal prostitution.
amount to rape knowledge, would
amount to either
CORRUPTION OF WHITE SLAVE TRADE
qualified seduction or
simple seduction MINORS

The acts are committed The lascivious acts are It is essential that Minority need not be
under the circumstances committed under victims are minors involved
attendant in rape circumstances which,
had there been carnal May have victims of Limited only to females
knowledge, would either sex
constitute either
qualified seduction or May not necessarily be Generally for profit
simple seduction for profit

The offended party is a The offended party Committed by a single Generally committed
female or a male should only be female act habitually

Both treat of acts of lasciviousness Chapter Four: Abduction Arts. 342-343)

There is an oversight in the law where the victim is ABDUCTION – is meant the taking away of a woman
exactly 12 years of age. If the victim is below 12, the from her house or the place where she may be for the
crime will be purpose of carrying her to another place with intent to
rape, or unconsented acts of lasciviousness or forcible marry or corrupt her.
abduction. Hence Art. 339 stating “over 12 years of
age” should be construed as twelve years of age and TWO KINDS OF ABDUCTION
over, thus construing the doubt in favor of the accused. 1. Forcible abduction (Art. 342)
2. Consented abduction (Art. 343)
ANTI-SEXUAL HARRASMENT ACT
R.A. No. 7877  ART. 342 - FORCIBLE ABDUCTION ELEMENTS:
1. That the person abducted is a woman
Persons penalized: 2. That the abduction is against her will
Employer, employee, manager, supervisor, teacher, 3. That the abduction is with lewd design
professor, instructor, coach, trainor, or any other
person having authority, influence, or oral ascendancy
over another in a work, education or training-related
environment.
FORCIBLE GRAVE COERCION/
Prohibited acts: ABDUCTION KIDNAPPING
Demanding, requesting, or otherwise requiring any
sexual favor from the other, regardless of whether the With Lewd design No lewd design
demand, request, or requirement is accepted by the
object of the act.  Conviction of acts of lasciviousness is not a bar to
conviction of forcible abduction
 ART. 340 – CORRUPTION OF MINORS (AS AMENDED
BY BP 92)

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Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 107

MEMORY AID IN CRIMINAL LAW


 Attempted Rape is absorbed by Forcible Abduction
as the former constitutes the element of lewd  ART. 345 – CIVIL LIABILITY OF PERSONS GUILTY OF
design. CRIMES AGAINST CHASTITY.

 ART. 343- CONSENTED ABDUCTION: PERSONS WHO ARE GUILTY OF RAPE, SEDUCTION, OR
ABDUCTION SHALL ALSO BE SENTENCED:
ELEMENTS: 1. To indemnify the offended woman;
1. That the offended party must be a virgin 2. To acknowledge the offspring, EXCEPT:
2. That she must be over 12 and under 18 years if age (a) in adultery and concubinage since only a
3. That the taking away of the offended party must be natural child may be acknowledged
with her consent, after solicitation or cajolery from (b) where either the offended party or the
the offender accused is married
4. That the taking away of the offended party must be (c) when paternity cannot be determined as in
with lewd designs multiple rape
(d) other instances where the law should
 If girl is under 12 – ALWAYS FORCIBLE ABDUCTION. prevent the offender from doing so;
3. In every case to support the offspring.
CRIMES AGAINST CHASTITY WHERE AGE AND
REPUTATION OF THE VICTIM ARE IMMATERIAL: ART. 346 – LIABILITY OF ASCENDANTS, GUARDIANS,
1) Acts of lasciviousness against the will of the TEACHERS, OR OTHER PERSONS ENTRUSTED WITH
offended party; or against a sister or descendant THE CUSTODY OF THE OFFNEDED PARTY
2) Qualified Seduction of sister or descendant
3) Forcible Abduction  This article provides for liability of the persons who
act as accomplices in crimes against chastity
Chapter Five: Provisions Relating to the Preceding (EXCEPT adultery and concubinage where there can
Chapters of Title Eleven (Arts. 344-346) be no acomplices nor acessories), shall be punished
as principals.
 ART. 344- PROSECUTION OF THE CRIMES OF  In addition, teachers or persons entrusted with
ADULTERY, CONCUBINAGE, SEDUCTION, education and guidance of the youth are penalized
ABDUCTION, RAPE AND ACTS OF LASCIVIOUSNESS. with disqualification.
 Furthermore, all those falling within the terms of
1. Adultery and concubinage must be prosecuted upon this article shall be punished with special
the complaint signed by the offended spouse. disqualification from the office of guardian.
2. Seduction, abduction and acts of lasciviousness
must e prosecuted upon the complaint signed by: TITLE TWELVE: CRIMES AGAINST THE CIVIL STATUS
a. Offended party OF PERSONS
1. even if a minor
2. if of legal age and not incapacitated, Chapter One: Simulation of Births and Usurpation of
only she can file complaint Civil Status (Arts. 347-348)
3. If a minor or incapacitated and
refuses to file either of the next  ART. 347 – SIMULATION OF BIRTHS, SUBSTITUTION
succeeding persons may file: OF ONE CHILD FOR ANOTHER, CONCEALMENT OR
b. Either of the parents ABANDONMENT OF A LEGITIMATE CHILD.
c. Either of the grandparents whether
paternal or maternal side ACTS PUNISHED:
d. Legal or judicial guardians 1. Simulation of births
e. The State, as parens patriae when the 2. Substituting of one child for another
offended party dies or becomes 3. Concealing or abandoning any legitimate child with
incapacitated before she could file the intent to cause such child to lose its civil status
complaint and she has no known
parents, grandparents or guardians.  Object of the crime under ART. 347 is the creation
of false or the causing of the loss of civil status.
 Pardon in adultery and concubinage may be express
or implied; whereas express pardon of the offender
is required to bar prosecution for seduction,
abduction, abduction, or acts of lascivousness.

 Condonation is not pardon in concubinage or


adultery – any subsequent act of the offender
showing that there was no repentance will not bar
the prosecution of the offense.
 Pardon by the offended party who is a minor must
have the concurrence of parents – except when the Art. 276 distinguished from Art. 347
offended party has no parents. ART. 276 ART. 347
 Marriage of the offender with the offended party
benefits the co-principals, accomplices and Crime against Crime against the
accessories. security. civil status of a
person.

CRIMINAL LAW COMMITTEE


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108 2005 CENTRALIZED BAR OPERATIONS

2. A woman whose marriage having been annulled or


The offender must The offender is any dissolved, married before delivery or before
be the one who has person. expiration of the period of 301 days after the date
the custody of the of legal separation.
child.

The purpose of the The purpose is to


 Period may be disregarded if the first husband
offender is to avoid cause the child to was impotent or sterile.
the obligation of lose its civil status.
rearing and caring  ART. 352 – PERFORMANCE OF ILLEGAL MARRIAGES
for the child. Priests, or ministers of any religious denomination or
sect, or civil authorities who shall perform or authorize
 ART. 348 – USURPATION OF CIVIL STATUS any legal marriage ceremony.

 Usurping the civil status of another is committed by TITLE THIRTEEN: CRIMES AGAINST HONOR
assuming the filiation, or the parental or conjugal
rights of another with intent to enjoy the rights Chapter One: Libel (Arts. 353-362)
arising from the civil status of the latter. Section One – Definitions, forms, and punishment of
this crime
 Crime is qualified if the purpose is to defraud
offended parties and heirs.  ART. 353 LIBEL

Chapter Two: Illegal Marriages (Arts. 349-352) ELEMENTS:


1. That, there must be an imputation of a crime, or a
 ART. 349 – BIGAMY vice or defect, real or imaginary, or any act,
ELEMENTS omission, condition, status or circumstance
1. That the offender is legally married 2. That the imputation must be made publicly
2. That the marriage has not been dissolved or, in 3. That it must be malicious
case the spouse is absent the absent spouse could 4. That the imputation must be directed at a natural
not yet be presumed dead according to the Civil person or a juridical person, or one who is dead
Code. 5. That the imputation must tend to cause the
3. That he contracts a second marriage or subsequent dishonor, discredit, or contempt of the person
marriage defamed.
4. That the second or subsequent marriage has all the
essential requisites for validity. Test of Defamatory Imputation:
is what the article conveyed to a fair and reasonable
 A person convicted of bigamy may still be man and that is what should be considered, not the
prosecuted for concubinage. intent of the writer.

 The second spouse who knew of the first marriage INPUTATION MAY COVER:
is an accomplice, as well as the person who 1. Crime allegedly committed by the offended party
vouched for the capacity of either of the 2. Vice or defect, real or imaginary, of the offended
contracting parties. party
3. Any act, omission, condition, status of, or
 ART. 350 – MARRIAGE CONTRACTED AGAINST circumstances relating to the offended party
PROVISIONS OF LAWS.
2 TYPES OF MALICE:
ELEMENTS: 1. Malice in fact – shown by proof of ill-will, hatred,
1. That the offender contracted marriage or purpose to injure; also known as EXPRESS
2. That he knew at the time that MALICE.
a) The requirements of the law were not complied 2. Malice in law – presumed from defamatory
with; or imputation; proof is not required because it is
b) The marriage was in disregard of a legal presumed to exist from the defamatory imputation.
impediment.  When the communication is PRIVILEGED, malice is
c) The offender must not be guilty of bigamy. not presumed from the defamatory words.

Qualifying Circumstance - if either of the contracting Guidelines when several persons are defamed:
parties obtains the consent of the other by means of
violence, intimidation or fraud. a. If the defamation is made on different occasions
or by independent acts, there are as many crimes of
 ART. 351 – PREMATURE libel as there are persons directly addressed with such
MARRIAGES statements or directly referred to.
b. If the defamation is made on a single occasion:
PERSON LIABLE: - Where the same was directed at a class or
group of numerous persons in general terms only
1. A widow who married within 301 days from the without any particular person being directly addressed,
date of the death of her husband, or before having there is no victim identified or identifiable, hence no
delivered if she is pregnant at the time of his actionable libel.
death. - If the statement is so sweeping or all
embracing as to apply to every individual in that group
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
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Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law 109

MEMORY AID IN CRIMINAL LAW


or class so that each individual therein can prove that Any recording, communication or spoken word
the defamatory statement specifically pointed to him, obtained in violation of the provisions of this Act –
he can bring his action separately. INADMISSIBLE IN EVIDENCE IN ANY JUDICIAL, QUASI-
- If several identifiable victims are libeled in a JUDICIAL OR ADMINISTRATIVE HEARING OR
single article, there are as many crimes of libel as INVESTIGATION.
there are persons defamed.
 ART. 355 – LIBEL BY MEANS OF WRITINGS OR
 ART. 354 – REQUIREMENT FOR PUBLICITY SIMILAR MEANS

MALICE IN LAW – Every defamatory imputation is Committed by means of:


presumed to be malicious, even if it be true, if no good 1. Writing
intention or justifiable motive is shown. 2. Printing
3. Lithography
The PRESUMPTION is rebutted if it is shown by the 4. Engraving or theatrical exhibition
accused that – 5. Radio
a) The defamatory imputation is true, in case the law 6. Phonograph
allows proof of the truth of the imputation (see 7. Painting
Art. 361) 8. Cinematographic
b) It is published with good intention 9. Or any similar means
c) There is justifiable motive for making it
 Defamation through amplifier system is slander
MALICE is not presumed in the following cases not libel.
involving qualifiedly privileged communication:
a) Private communication made by any person to  If defamatory remarks are made in the heat of
another in the performance of any legal, moral or passion which culminated in a threat, the derogatory
social duty. statements will not constitute an independent crime
b) A fair and true report of any judicial, legislative, or of libel but a part of the more serious crime of
other proceedings which are not of confidential threats.
nature or of any statement, report, or speech
delivered in said proceedings, or of any other act  ART. 356 THREATENING TO
performed by public officers in the exercise of PUBLISH AND OFFER TO PREVENT
their functions. SUCH PUBLICATION FOR A COMPENSATION

 Therefore, qualifiedly privileged Prohibited acts:


communications must be made with malice and bad 1) Threatening another to publish a libel concerning
faith in order to be actionable. him, or his parents, spouse, child or other members
 An absolutely privileged communication is not of the family.
actionable even if made in bad faith. Specifically 2) Offering to prevent the publication of such libel for
recognized in the Constitution as absolutely compensation or money consideration
privileged are statements made in official
proceedings of Congress by members thereof, as an  This is also known as blackmail. Art. 283 regarding
implementation of their parliamentary immunity. light threats is another form of blackmail.
 Statements made in judicial proceedings are  It is essential that the threat to publish, or to offer
privileged but only if pertinent or relevant to the to prevent the publication of libel must be for a
case involved. compensation or money consideration, in order it may
be penalized under this article.
THE ANTI-WIRE TAPPING ACT
R.A. No. 4200  ART. 357 – PROHIBITED
PUBLICATION OF ACTS REFERRED TO IN THE COURSE
SECTION 1.Unlawful acts by any person or participant, OF OFFICIAL PROCEEDINGS
not authorized by all the parties to any private
communication or spoken word. ELEMENTS:
1. That the offender is a reporter, editor or manager
1. To tap any wire or cable of a newspaper, daily or magazine
2. To use any other device or arrangement to secretly 2. He publishes facts connected with the private life
overhear, intercept or record such communication of another
by using a device known as dictaphone, dictagraph, 3. Such facts are offensive to the honor, virtue and
detectaphone, walkie-talkie or tape-recorder. reputation of said person
3. To knowingly possess any tape/wire or disc record,
or copies of any communication or spoken word This article is referred to as the Gag Law because
4. To replay the same for any person or persons while a report of an official proceeding is allowed, it
5. To communicate the contents thereof, verbally or gags those who would publish therein facts which this
in writing article prohibits, and punishes any violation thereof.
6. To furnish transcriptions thereof, whether
complete or partial Under Republic Act No. 1477:
EXCEPTION: A newspaper reporter cannot be compelled to
When a peace officer is authorized by written reveal the source of the news report he made, unless
order from the court. the court or a House or committee of Congress finds
CRIMINAL LAW COMMITTEE
 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
110 2005 CENTRALIZED BAR OPERATIONS

that such revelation is demanded by the security of the Defense in Defamation:


state. 1. It appears that the matters charged as libelous is
true;
 ART. 358 – SLANDER (oral defamation) 2. It was published with good motives;
3. AND for a justifiable end.
KINDS:
1. Simple slander  ART. 362 LIBELOUS REMARKS
2. Grave slander, when it is of a serious and insulting
nature Libelous remarks or comments connected with the
matter privileged under the provisions of Art. 354, if
Factors that determine the gravity of the oral made with malice, shall not exempt the author thereof
defamation: nor the editor or managing editor of a newspaper from
a. expressions used criminal liability.
b. personal relations of the accused and the offended
party. Chapter Two: Incriminatory Machinations (Art. 363-
c. the circumstances surrounding the case. 364)
d. social standing and position of the offended party.
 ART. 363 – INCRIMINATING
 The slander need not be heard by the offended INNOCENT PERSONS.
party
 ART. 359 - SLANDER BY DEED ELEMENTS:
1. That the offender performs an act
SLANDER BY DEED – is a crime against honor which is 2. That by such act he directly incriminates or
committed by performing any act which casts dishonor, imputes to an innocent person the commission of a
discredit or contempt upon another person. crime
3. That such act does not constitute perjury
ELEMENTS:
1. That the offender performs any act not included in INCRIMINATING PERJURY BY
any other crime against honor INNOCENT MAKING FALSE
2. That such act is performed in the presence of other PERSONS ACCUSATIONS
persons
3. That such act cast dishonor, discredit, or contempt Limited to the act of Giving of false
upon the offended party. planting evidence statement under oath
and the like in order or making a false
Common Element of Slander by deed and Unjust to incriminate an affidavit, imputing to
Vexation – Irritation or Annoyance; Without any other innocent person the person the
concurring factor, it is only Unjust Vexation; if the commission of a crime
purpose is to shame or humiliate, Slander by deed.

Section Two – General Provisions INCRIMINATING


INNOCENT DEFAMATION
 ART. 360 - PERSONS RESPONSIBLE FOR LIBEL. PERSONS

1. The person who publishes exhibits or causes the Offender does not Imputation is public
avail himself of and malicious
publication or exhibition of any defamation in writing written or spoken calculated to cause
or similar means. word in besmirching dishonor, discredit,
the victim’s or contempt upon
2. The author or editor of a book or pamphlet. reputation the offended party.

3. The editor or business manager of a daily newspaper  ART. 364. INTRIGUING AGAINST HONOR.
magazine or serial publication.
Committed by any person who shall make any
4. The owner of the printing plant which publishes a intrigue which has for its principal purpose to blemish
libelous article with his consent and all other persons the honor or reputation of another.
who in any way participate in or have connection with
its publication. TITLE FOURTEEN: QUASI-OFFENSES

 ART. 361 - PROOF OF TRUTH Sole Chapter: Criminal Negligence (Art. 365)

WHEN PROOF OF THE TRUTH IS ADMISSIBLE IN A  ART. 365 – IMPRUDENCE AND NEGLIGENCE
CHARGE FOR LIBEL:
1. When the act or omission imputed constitutes a ELEMENTS (RECKLESS IMPRUDENCE):
crime regardless of whether the offended party is a 1. That the offender does or fails to do an act.
private individual or a public officer. 2. That the doing of or the failure to do that act is
2. When the offended party is a Government voluntary.
employee, even if the imputation does not 3. That it be without malice.
constitute a crime, provided it is related to the 4. That material damage results.
discharge of his official duties.

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Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David
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MEMORY AID IN CRIMINAL LAW


5. That there is inexcusable lack of precaution on the
part of the person performing or failing to perform
such act taking into consideration -
a) Employment or occupation.
b) Degree of intelligence, physical condition.
and
c) Other circumstances regarding persons,
time and place.

ELEMENTS (SIMPLE IMPRUDENCE):


1) That there is lack of precaution on the part of the
offender.
2) That the damage impending to be caused is not
immediate nor the danger clearly manifest.

 Art 64 relative to mitigating and aggravating


circumstances is not applicable to crimes
committed through negligence

THE PENALTIES PROVIDED FOR IN ARTICLE 365 ARE


NOT APPLICABLE WHEN:
a) the penalty provided for the offense is equal to or
lower than those provided in the first two
paragraphs of Art 365
b) by imprudence or negligence, and with violation of
the Automobile Law, the death of a person shall be
caused

Failing to lend help is a qualifying circumstance, it


raises the penalty one degree higher.

Except: Sec. 55 of RA 4136, the driver can leave his


vehicle without aiding the victims if
(1) he is in imminent danger of being
harmed,
(2) he wants to report to the nearest officer
of the law, or
(3) he desires to summon a physician or a nurse
for medical assistance to the injured.

- END OF BOOK TWO-

CRIMINAL LAW COMMITTEE


 CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.