He has under his charge a Prisoner convicted by final
judgement or a detention prisoner Bigamy MDiCE c. He Maltreats such prisoner in either of the following a. Offender is legally Married manners b. Marriage has not been Dissolved or could not be presumed a. Overdoing himself in the correction or handling of a dead prisoner or detention prisoner c. That he Contracts a second or subsequent marriage i. Imposition of punishments not authorized d. That the second marriage has the Essential requisites for by the regulations validity ii. Inflicting punishments in a cruel and humiliating manner Chattel Mortgage R-MKRPN-S-PSN b. Maltreating such prisoner to extort a confession or Removing to obtain some information
a. Personal Property is Mortgaged under Chattel Mortgage Torture
Law Differentiate Intriguing the Honor and Slander b. The offender Knows that such property is so mortgaged c. That he Removes such mortgaged personal property to any Intriguing the Honor Defamation province or city other than the one in which it was located Sources cannot be determined Sources is known at the time of the execution of the mortgage Committed through some Committed in a public and d. That the removal is Permanent tricky and secret plot malicious manner e. That there is No written consent of mortgagee Remarks may be true or not Remarks made are claimed to be true Selling
a. Personal property is already pledged under Chattel
Mortgage Law Libel MAD-CIP b. Offender sells or pledges it a. That it must be Malicious c. No consent of mortgagee written on the back of the b. That the imputation must be Directed at a natural or mortgage and noted on the Register of Deeds juridical person, or one who is dead Maltreatment of Prisoners PPM-OM c. It must tend to Cause the dishonor, discredit, or contempt of the person defamed a. Offender is a Public officer or employee d. There must be an Imputation of a crime, or a vice or defect, Mere conspiracy to constitute Mere formation of a band for real or imaginary, or any act, omission, condition, status or the offense of brigandage is any purpose indicated in the circumstances not punishable since it law is punishable e. That the imputation must be made Publicly presupposes that acts defined are actually committed Exceptions to presumption of malice: Offenders need not constitute Offenders must be a band of a band. One person can robbers a. Private communication made by any person to another in commit the crime the performance of any legal, moral or social duty Anybody could be the victim There is a preconceived victim b. Fair and true report made in good faith, without any It must not be an isolated case It Is immaterial that the comments or remarks, of any judicial, legislative, or other of robbery robbery was committed for the official proceedings, which are not of confidential in nature, first time or of any statement, report, or speech delivered in said Those who abet brigandage are Those who profit from the loot proceedings or of any act performed by public officers in accomplices under Sec. 4 are liable under Art. 307 or for the exercise of their functions. fencing. Robbery v Theft Trespass Robbery Theft The offender does not use There is violence or Qualified Trespass to Dwelling PEA violence or intimidation or intimidation or force upon does not enter a house or things a. That the offender is a Private person building through any of the b. That he Enters the dwelling of another means specified in Art. 299 or c. That such entrance is Against the will of the owner or Art. 302 in taking personal occupant property of another with intent A way of committing Theft to gain It suffices that consent on the It is necessary that the taking is a. Any person who shall enter an enclosed estate or a field part of the owner is lacking against the will of the owner where trespass is forbidden or which belongs to another and without the consent of its owner; shall hunt or fish Brigandage v Highway Robbery upon the same or shall gather fruits, cereals, or other forest or farm products. EEHW Highway Robbery Robbery in a Highway a. That there is an Enclosed estate or a field where Brigandage trespass is forbidden or which belongs to another b. That the offender Enters the same 9. Victim is mentally disabled or has emotional/physical c. That the offender Hunts or fishes upon the same or disorder gathers fruits, cereals, or other forest or farm 10. Offender has HIV/AIDS or other STDs products in the estate or field 11. Victim becomes Insane d. That the hunting or fishing or gathering of products 12. Victim suffers permanent physical mutilation or disability is Without the consent of the owner Reckless imprudence AVoMMP Swindling a minor DAMI a. Does or fails to do an Act a. That the transaction is to the Detriment of such minor b. The failure or doing is Voluntary b. That the offender takes Advantage of the inexperience or c. It be without Malice emotions of the minor d. Material damage results c. That the consideration is some loan of Money, credit, or e. There is inexcusable lack of Precaution on the part of the other personal property offender d. That he Induces such minor to assume an obligation, or to Right to counsel release or to execute a transfer of any property right
Circumstances of qualified rape H718P-AFPR-DHIM
1. When homicide is committed by reason or on occasion of
attempted rape 2. When the victim is below 7 years 3. When the victim is below 18, and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse 4. Custody of police or military authorities 5. AFP or para-military units when they take advantage of their position 6. Full view of the spouse, parent, or any of the children or other relatives within the third civil degree 7. Offender knew of the pregnancy of the victim 8. Victim is engaged in a religious vocation and it is known to the offender